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Miscellaneous - 217 SUTTON STREET
a � Town of North Andover Town Clerk Time Stamp } Community Development and Ser .ices Division Office of the Zoning Board of.appeals 1 Q WXRECEI ED eICL M'•tis*� 400 Osgood Street North Andover,Massachusetts 01,343 , ZQ05I�0Y 2 t PH 4: 2 5 Gerald A. Brown Telephone (978)688-95.11 Inspector of Buildings Fax (978)688-9542 - - �+ This is to certify that homy(20)delyd have elapsed from date of deelsion,filed Any appeal shall be filed within Notice of Decision without filing of a psi. (20)days after the date of filing Year 2005 Date._ of this notice in the office of the TOWN CIO* shave Town Clerk,per Mass. Gen.L.ch. 40A, §17. Property at: 217-219 Sutton Street NAME: Sunit Mukherjee,X D.,230 Sutton HEARING(S): November 8,2005 Street,North Andover ADDRESS: for pEpises at: 217-219 Sutton Street PETITION: 2005-033 North Andover,MA 01845 TYPING DATE: November 18,2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,November 8,2005 at 7:30 PM upon the application of Sunit Mukherjee,M.D.,230 Sutton Street,North Andover,for premises at: 217- 219 Sutton Street,North Andover requesting a dimensional Variance from Section 8,Paragraph 8.1.7 of the Zoning Bylaw for relief from the requirements for driveway width;and for a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw for the extension of a pre-existing,non-conforming structure on a pre-existing,non-conforming lot. Said premises affected is property with frontage on the South side of Sutton Street within the I-S zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune on October 24&31,2005. The following voting members were present: Ellen P. McIntyre,Joseph D. LaGrasse,Richard J.Byers, Albert P.Manzi,III,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 Albert P.Man2i,III and 2nd by David R Webster,the Board voted to GRANT a dimensional Variance from Section 8,Paragraph 8.1.7 of the Zoning Bylaw for relief of 13.1'from the requirements of the Zoning Bylaw for driveway width;and upon a motion by Albert P.Manzi,III and 2"d by David R. Webster, the Board voted to GRANT a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to convert a pre-existing,non-conforming structure;a two-family residential building,on a pre-existing,nonconforming lot into a commercial building for a medical office per Plan of Land in North Andover,Mass.,Owned by peter and Julie Ciaraldi,Date: 11/11/2005 [by]Scott L.Giles, R.P.L.S. #13972, Scott L. Giles P.L.S,Frank S. Giles P.L.S., 50 Deermeadow Rd.,North Andover,Mass.; with the following conditions: 1. Space#1 shall be reconfigured to 141x18'for Handicapped parking. 2. Spaces#9-12 shall be moved closer to the rear lot line in order to provide more than a 10' wide travel lane. 3. The Handicapped space,the Entrance,and the Exit shall have freestanding ground signs,as well as the ground-painted Handicapped symbol and one-way directional arrows. 4. The applicant shall provide a revised Mylar reflecting the above conditions. ;Voting in favor: Ellen P. McIntyre,Joseph D. LaGrasse, Richard J. Byers,Albert P.Manzi,III,and David R Webster. Page 1 of 2 ATTEST: A True Copy D ' Town Clerk AM -AW11 Town of North Andover Town Clerk Time Stamp pf a 7"Y o - Community Development and Services Division F;E EIVED Office of the Zoning Board of Appeals 400 Osgood Street 'SS�GIMige1 North Andover,Massachusetts 01845 2L05 NOY 21 PH 4; 25 Gerald A.BrownTelephone (978)688-9541 Inspector of BuildingsFax (978)688-9542 .tR I� .'t� s The Board finds that owing to circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in `. general,a literal enforcement of the provisions of the provisions of this Bylaw will involve substantial ,to the petitioner or applicant. The Board finds that desirable relief may be hardship,financial or otherwise granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaw. The Board finds that relief may be granted without derogating from the intent or purpose of 8.1.7 of the North Andover Zoning Bylaw because this change from 2-family residential structure to medical office lessens the lot's non-conformity. Also,the Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.1 because this specific site is an appropriate location for such use because professional offices are an allowed use in the I-S zoning district and the use as developed will not adversely affect the neighborhood. There will be no nuisance or serious hazard to facilities will be provided for the proper operation of the vehicles or pedestrians. Adequate and appropriate proposed use. The Board finds that professional offices,in this case,a medical office,is an allowed use in I-S,and is in harmony with the general purpose and intent of this Bylaw. The Board finds that this change, extension or alteration is less detrimental than the existing structure to the neighborhood. Note: The granting of the Variance and/or 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, state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. 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 �w " Board of Appeals, .h � Ellen P.McIntyre,Chair Decision 2045-033. W2 9P14. Page 2 of 2 �r i 4 t%ORTH Town of North Andover Office of the Planning Department RECEIVED rte{ r m ; x• g§ Community Development and Services � tr�'i I& ,5 OFFIC Su400 Osgood Street 2006 North Andover,Massachusetts 01845 $ PM i' 32 Lincoln Daley t� _,i 4� Town Planners( tr(2 'C;fz P(978)688-9535 V1A itr w F(978)688-9542 NOTICE OF DECISION Any appeal shall be filed within(20) days after the date of filing this Notice in the office of the Town Clerk. Date: February 13, 2006 Application filed: November 3, 2005 Date of Hearings: 12/20/2005 —2/7/2006 Petition of: Sunit Mukherjee,M.D. 238 Sutton Street,North Andover, MA 01845 Premises Affected: 217—219 Sutton Street,North Andover,MA 01845,Map 39 Lot 14. Referring to the above petition for a Site Plan Review Special Permit in order to allow the conversion of an existing two-family residential building into a commercial building for use as a medical office within the I-S zoning district. After a public hearing given on the above date, and upon a motion by John Simons, 2'd by Jack Green to APPROVE the Site Plan Review Special Permit. Vote was unanimous 5-0. Sign Lincoln Dal , Town PI er North Andover Planning Board Richard Nardella, Chairman John Simons,Vice Chairman cc: Applicant Alberto Angles Engineer Jack Green Abutters Richard Rowan, Alternate DPW Town Departments BOARD OF APPEALS 688-9541 BUILDING 688-954521Z'0�1 t 88-9530 HEALTH 688-9540 PLANNING 688-9535 Site Plan Review Special Permit Pagel T The Planning Board herein approves the Site Plan Review Special Permit for the conversion of an existing two-family residential building into a commercial building for use as a medical office, increased impervious surface,construction of 12 parking spaces, and landscape work. The property is located at 217 and 219 Sutton Street,Assessor's Map 39, Parcel 14 within the I-S zoning district. No structural changes are being proposed. This Special Permit was requested by Sunit Mukherjee, M.D., 238 Sutton Street,North Andover, MA 01845. The application was filed with the Planning Board on November 3, 2005. The applicant submitted a complete application that was noticed and reviewed in accordance with Sections 8.3, of the Town of North Andover Zoning Bylaw and MGL 40A, sec. 9. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3. FINDINGS OF FACT: 1. The specific site is an appropriate location for a project located within the I-S zoning district involving the conversion of the existing two-family residential structure into a medical office, the construction of a parking area consisting of 12 spaces, site lighting, and landscaping. The proposal will maintain the character of established business and residential neighborhood by utilizing the existing footprint and maintaining the architectural design of the residential structure. 2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided along the frontage of Sutton Street and perimeter of the property. The landscaping has been placed so as to enhance the appearance along the frontage of Sutton Street and in accordance with the landscaping and site plans referenced in Condition #22. All plantings and screening depicted on the approved plans referenced herein shall remain in perpetuity over the life of the project at the expense of the owner. a. Fencing: There will be a uniform wooden picket fence placed on the perimeter of the site at finished grade in compliance with Section 8.4 Screening and Landscaping Requirements for Off-Site Commercial- and Industrial District. Said fence will be maintained in good condition at all times. b. Ornamental Trees and Shrubs: The landscape plan consists of 2 Flowering Dogwood Trees, 3 Yew Shrubs, 9 Boxwood English shrubs, 3 Hydrangeas, 4 Rhododendron plants, and other miscellaneous flowers. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has demonstrated that the proposed improvements will not increase traffic flow or volumes, will improve on-site circulation,and provide for enhanced pedestrian connections throughout the property and on Sutton Street. An entrance and exit sign have been added at the entrance and egress on to Sutton Street. The dumpster will be located and accessed immediately behind the main 2 1/2 story building. The dumpster will be enclosed and locked. Lighting for the sight will consist of low wattage sodium and metal halide lighting attached to the building and pedestal lighting for landscaping all. All lighting will be downcast. A wheelchair ramp access has been proposed along the easterly side of the main building. 217-219 Sutton Street Site Plan Review Special Permit Page 2 4. The landscaping approved as part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw as amended by the Planning Board. 5. The site drainage system is designed in accordance with the Town Bylaw requirements and has been reviewed and approved by the Town Engineer. 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project includes grading sufficient to hold and manage the increase in runoff resulting from the new impervious surface. 8. On November 8, 2005, the Zoning Board of Appeals granted a dimensional variance from Section 8, Paragraph 8.1.7 of the Zoning Bylaw for relief from the requirements for driveway width and for a Special Permit from Section 9, Paragraph 9.2 of the Zoning Bylaw for the extension of a pre-existing,non-conforming structure on a pre-existing, non-conforming lot. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor shall prepare weekly inspections and submit monthly project reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any and actions taken to resolve these issues. The designated monitor may not be applicant and/or developer The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. 2. The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four(4) hours' notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. 3. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The final plans must be reviewed and approved by the DPW and the Town Planner and subsequently endorsed by the Planning Board. The final plans must 217—219 Sutton Street Site Plan Review Special Permit Page 3 be submitted for review within ninety days of filing the decision with the Town Clerk. b) A bond in the amount of two-thousand dollars ($2,000) must be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures, curb cuts, parking spaces, topography, and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. The form of security must be acceptable to the Planning Board. c) Deeds and easements relative to the project must be supplied to the Planning Staff. 4. Prior to the start of construction: a) During construction, the site must be kept clean and swept regularly. b) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. c) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however,that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. d) The Town Planner must be contacted and review the site prior to any cutting on site. The applicant shall then supply a copy of a plan, certified by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. e) The applicant shall provide the Planning Board with copies of permits, plans and decisions received from all other town boards, commissions or departments. In addition to receipt of these plans, the applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from said permits,plans and decisions received from other town boards,commissions and departments that differ from the approved plans referenced in Condition#21. 5. Prior to FORM U verification (Building Permit Issuance): a) The Planning Board must endorse the final site plan mylars and three (3) copies of the signed plans must be delivered to the Planning Department. b) One certified copy of the recorded decision must be submitted to the Planning Department. 217—219 Sutton Street Site Plan Review Special Permit Page 4 t c) The applicant must have obtained a Variance from the Zoning Board of Appeals with regards to the required sign approval. A recorded copy of the Zoning Board of Appeals decision certifying the variance has been received must be provided to the Planning Department as proof of such. d) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1) All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. 6. Prior to verification of the Certificate of Occupancy: a) The applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. b) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirelywithin the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. c) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. d) Any revisions to the approved signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw and must be approved by the Building Department. All additional permits and/or variances must be obtained by the applicant prior to construction. Approvals of said permits and/or variances must be submitted to the Planning Department. 7. Prior to the final release of security: a) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the applicant's expense. 217—219 Sutton Street Site Plan Review Special Permit Page 5 r b) A final as-built plan showing final topography, the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Planning Staff and the Division of Public Works. 8. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered and fenced off at all times to minimize any dust problems that may occur with adjacent properties. 9. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. No mechanical devices (i.e. HVAC, vents, etc.) which may be visible from any surrounding roadways shall be placed on the roof. 10. The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 11. Any plants, trees, or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner (by order of the Planning Board all plants, trees or shrubs must be maintained in perpetuity). The replacement plants shall match the size and species as referenced in Condition#22, Landscape Plan. 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 14. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 15. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 16. Any and all signage plans for the site, which have been provided to the Planning Board during the site plan review process, were presented for the materials of the signage only. Any signage plans must conform to Section 6, Signage and Outdoor lighting Regulations of the Town of North Andover Zoning Bylaw. In no way is the applicant to construe that the Planning Board has reviewed and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building Department. 17. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 217—219 Sutton Street Site Plan Review Special Permit Page 6 18. Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. 19. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 20. Additional erosion control measures may be required as necessary or as directed by the owner during construction, such as temporary sedimentation basin, row(s) of hay bales and/or silt fencing shall be implemented to prevent any adverse impacts due to weather prior to completion or stabilization of site work 21. This decision for a Special Permit approval shall be deemed to have lapsed after February 7, 2008 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 22. The following information shall be deemed part of the decision: Plan Titled: Plan of Land in North Andover, Mass. Owned by Peter and Julie Ciaraldi Prepared For: Sunit Mukherjee, M.D., 238 Sutton Street,North Andover, MA 01845 Prepared By: Scott L. Giles, P.L.S. Frank S. Giles, P.L.S. 50 Deermeadow Road,North Andover, MA 01845 Scale: 1"=20' Date: 11/11/2005, Revised 12/15105 Sheet: Sheet 2, Fence Layout(F 1), Landscape Lighting(L 1), Sign Layout(Sl). Study: Drainage Analysis—Sutton Street,North Andover Prepared For: Sunit Mukherjee, M.D., 238 Sutton Street,North Andover, MA 01845 Prepared By: Christiansen& Sergi, Inc: 160 Summer Street, Haverhill, Massachusetts 01830 Date: 11/2/2005 Pages: 4 217—219 Sutton Street Site Plan Review Special Permit Page 7 S � Town of North Andover Town Clerk Time Stamp y Community Development and. Services Division 4 9 =( Office of the Zoning Board of Appeais RECEIVED TOW 400 Osgood Street „ 3xy NL- North Andover,Massachusetts 01845 NOY 21 PM h: 25 Gerald A.Brown Telephone (978)688-9541 Inspector ofBuildhigs Fax (978)688-9542A(�«' U MA Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2005 of this notice in the of of the Town Clerk,per Mass. Gen.L. ch- 40A, h40 A, §17. Property at: 217-219 Sutton Street NAME: Sunit Mukherjee,M.D.,230 Sutton HEARING(S): November 8,2005 Street,North Andover ADDRESS: for premises at: 217-219 Sutton Street PETITION: 2005-033 North Andover,MA 01845 TYPING DATE: November 18,2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,November 8,2005 at 7:30 PM upon the application of Sunit Mukherjee,M.D.,230 Sutton Street,North Andover,for premises at: 217- 219 Sutton Street,North Andover requesting a dimensional Variance from Section 8,Paragraph 8.1.7 of the Zoning Bylaw for relief from the requirements for driveway width;and for a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw for the extension of a pre-existing,non-conforming structure on a pre-existing,non-conforming lot. Said premises affected is property with frontage on the South side of Sutton Street within the I-S zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune on October 24&31,2005. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P.Manzi,III,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 Albert P.Manzi,III and 2nd by David R. Webster,the Board voted to GRANT a dimensional Variance from Section 8,Paragraph 8.1.7 of the Zoning Bylaw for relief of 13.1'from the requirements of the Zoning Bylaw for driveway width;and upon a motion by Albert P.Manzi,III and 2nd by David R. Webster,the Board voted to GRANT a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to convert a pre-existing,non-conforming structure,a two-family residential building,on a pre-existing,non-conforming lot into a commercial building for a medical office per Plan of Land in North Andover,Mass.,Owned by Peter and Julie Ciaraldi,Date: 11/11/2005 [by]Scott L. Giles, R.P.L.S. #13972, Scott L. Giles P.L.S;Frank S. Giles P.L.S.,50 Deermeadow Rd.,North Andover,Mass.; with the following conditions: 1. Space#1 shall be reconfigured to 141x18'for Handicapped parking.. 2. Spaces#9-12 shall be moved closer to the rear lot line in order to provide more than a 10' wide travel lane. 3. The Handicapped space,the Entrance,and the Exit shall have freestanding ground signs,as well as the ground-painted Handicapped symbol and one-way directional arrows. 4. The applicant shall provide a revised Mylar reflecting the above conditions. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and David R Webster. Page 1 of 2 Town of North Andover Town GerkTime Stamp Community Development and Services Division ' 4 { Office of the Zoning Board of Appeals u`a,. 400 Osgood Street North Andover,Massachusetts 01845 Nay 21 PH 2 Gerold A,Brm n 978 Telephone 688-9541 p { } Inspector of Buildings Fax (978)688-9542 � x= t U, # The Board finds that owing to circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general,a literal enforcement of the provisions of the provisions of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner or applicant. The Board 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 Bylaw. The Board funds that relief may be granted without derogating from the intent or purpose of 8.1.7 of the North Andover Zoning Bylaw because this change from 2-family residential structure to medical office lessens the lot's non-conformity. Also,the Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.1 because this specific site is an appropriate location for such use because professional offices are an allowed use in the I-S zoning district and the use as developed will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The Board finds that professional offices,in this case,a medical office,is an allowed use in I-S,and is in harmony with the general purpose and intent of this Bylaw. The Board finds that this change, extension or alteration is less detrimental than the existing structure to the neighborhood. Note: The granting of the Variance and/or 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, state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. 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, Ellen P.McIntyre,Chair Decision 2005-033. M39P14. Page 2 of 2 "OST" Town Of North Andover Town Clerk Time Stamp of ,•,tau Community Development and Services Division VED :. Office of the Zoning Board of Appeals a'f' t-NM ; - OFFICE y93r�C400 Osgood Street Curt T. Bellavance, "- North Andover,Massachusetts 01845 2005 OCT 1'4 P I: 53 Director of Community Telephone (978)688-9541 Development Fax (978)688-9542 T 0 sti li 01 NORTH ANDD V&i MASSAUC lUSET�U 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 8`l' of November, 2005 at 7:30 PM to all parties interested in the appeal of Sunit Mukherjee, M. D., 230 Sutton Street;North Andover, for premises at: 217-219 Sutton Street, North Andover requesting a dimensional Variance from Section 8, Paragraph 8.1.7 of the Zoning Bylaw for relief from the requirements for driveway width; and for a. Special Permit from Section 9, Paragraph 9.2 of the Zoning Bylaw for the extension of a pre-existing, non-conforming structure on a pre-existing, non-conforming lot. Said premises affected is property with frontage on the South side of Sutton Street within the I-S zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on October 24 & 31, 2005. Legalnotice 2005-033. M39P14. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 MORTM 1 V•• ,• y0 o- °� ? I;FIVEQ TOWtF OFFICE ;; •` ' TOWN OF NORTH ANDOVER VARIAN%fiCT 13 AM 11: 46 's,�c►N,se' ZONING BOARD OF APPEALS TOWN OF NAME: �u i+ O £f RTS ' ADDRESS OF APPEAL: - N SS CH1,1 f w' Town Clerk Time Stamp Procedure & Requirements for an Application for a Variance Ten (10)copies of the following information must be submitted thirty(30)days prior to the first public hearing. STEP 6: SCHEDULING OF HEARING AND Failure to submit the required information within the time PREPARATION OF LEGAL NOTICE: periods prescribed may result in a dismissal by the The Office of the Zoning Board of Appeals schedules the Zoning Board of an application as incomplete. applicant for a hearing date and prepares the legal notice The information herein is an abstract of more for mailing to the parties in interest(abutters)and for specific requirements listed in the Zoning Board publication in the newspaper. The petitioner is notified Rules and Regulations and is not meant to that the legal notice has been prepared and the cost of supersede them. The petitioner will complete items the Party in Interest fee. that are underlined STEP 7• DELIVERY OF LEGAL NOTICE TO NEWSPAPER STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner picks up the legal notice from the Office of The petitioner applies for a Building Permit and receivers the Zoning Board of Appeals and delivers the legal notice a Zoning Bylaw Denial form completed by the Building to the local newspaper for publication. Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 2: VARIANCE APPLICATION FORM: BOARD OF APPEALS: Petitioner completes an application form to petition the The petitioner should appear in his/her behalf,or be Board of Appeals for a Variance. All information as represented by an agent or attorney. In the absence of required in items 1 through and including 11 shall be any appearance without due cause on behalf of the completed. petition,the Board shall decide on the matter by using the information it has received to date. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as STEP 9: DECISION: cited in page 4, section 10 of this form. After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: decision may be madepursuant to Massachusetts The petitioner requests the Assessor's Office to compile General Law ch. 40A§ 17,within twenty(20)days after a certified list of Parties in Interest(abutters). the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: STEP 10: RECORDING THE DECISION AND PLANS. Petitioner submits one(1)original and ten (10)Xerox The petitioner is responsible for recording certification of copies of all the required information to the Town Clerk's the decision,the Mylar, and any accompanying plans at Office to be certified by the Town Clerk with the time and the Essex County, North Registry of Deeds, 381 date of filing. The original will be left at the Town Clerk's Common St., Lawrence MA, and shall complete the Office, and the 10 Xerox copies will be left with the Certification of Recording form and forward it to the Zoning Board of Appeals secretary. Zoning Board of Appeals and to the Building Department. .............•..........a..Wtl•WAY.a.Ii...Nf.N.NA..N..a•..41...............a.A..kAaN.MwMY.•...aKairfaQYiMui+ii•Yi1......... rtfYiau.da+ri.NSNlliwsa.uW.•i a.u......I IMPORTANT PHONE NUMBERS: PAGE 1 of 4 978-688-9533 Office of Community Dev. &Services 27 Charles Street, North Andover, MA North Andover Town Hall 01845 120 Main Street 78-688-9542 fax for Community Development offices (Temporary Town Hall—400 Osgood Street) 7if ;66-&50 in Department 978-688-9501 Town Clerk's Office 978-688-9541 Board of Appeals Office 978-688-9566 Assessor's Office OCT 3 200 BOARD OF APPEALS PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 1. Petitioner: *Name, *Address and telephone number: Sunit Mukheriee, M D Tel No_ (978) 687-4137 230 Sutton Street North Andover, MA 01845 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Peter and Julie Ciaraldi 9 Olde Woode Road Salem, NH 03079 Years Owned Land: 1 year ' 3. Location of Property: a. Street: 217-219 Sutton Street Zoning District: IS b. Assessors: Map number: 39 Lot Number: 14 c. Registry of Deeds: Book Number: 9213 Page Number: 239 4. Zoning Bylaw Section(sr under which the petition for the Variance is made. Section 8 Supplemental Regulations SubSection 8.1 (7) . A Variance for driveway width_ R o e Zoninglaw Denial and Plan Review Narrative form as su led the Building Commissioner. efer t the Bylaw PPl by ng 5. Describe the Variance request: Applicant seeks a Va.rlance firm t'-te --e-quired ?oning BY aw Driveway Width of 25 feet in order to conv-er,t &-W r two family y: residential building into a commercial building for use as his medical office. Variance requested for 15 feet. The shove description shah be used for dw purpose of dw bW notice and deds orr. A mea I his description b required pursuant to dw ZoMnp Board Rules and Regulations as died on paps 4 sedlon 9 of tirh applfeadom Failure by the appNewd to dseeribe On request dearly may result in a decision tial does not address Ow Intent of tin applkent. The decision win be IhMEed to tier request by dw applicant and will not imroly*additional item not induded above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimensions)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 A. 41375 - 17 % 72.50 ok 12.5 8.1 ok 5 B. % 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 8265_ n a 17% 82.50 12 17.5 11.9 36 25 6 C. Proposed Lot(s): No changes to lot size or building footprint Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 6 D. 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 50._000 n/a 35% 150 _12 30 20 _24-- -- 7A. Existing Building(s): r Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building' of Units" I r 1178 32 2756 NIPdir_a1 Office �— I 'Reference Uses from the Zoning Bylaw&Table 1. '"State number of units in building(s). 7B. Proposed Building(s): Sam Number Ground Floor Number of Height Total Use of «. Square feet Floors Sq.feet Building" of Units *Reference Uses from the Zoning Bylaw&Table 1. "'State number of units in building(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 Clerks Office. It shalt 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 ning Board of thl pplication as incomplete. Sian ture: Tvae above n /me(s) here: Dorrenic J. Scalise, attorney for Sunit Mukherjee, M.D. min Street, North Andover, MA (978) 682-4153 PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a *10. B. "Plan Specifications: legibly written or typed memorandum setting forth in 1) Size of pian: Ten(10)paper copies of a plan detail all facts relied upon. When requesting a Variance not to exceed 11"x17", preferred scale of 1"--40' from the requirements of MGLA ch. 40A, Sec. 10.4 and I1)One(1)Mylar. the North Andover Zoning By-laws, all dimensional IIIc) Plan prepared by a Registered Professional requirements shall be clearly identified and factually Engineer and/or Land Surveyor, with a block for supported. All points,A-F,are required to be five(5)ZBA signatures and date indicated on the addressed with this application. Mylar. 1 A. The particular use proposed for the land or *10 C. *Features To Be Indicated On Plan: structure. 1) Sib Orientation shall include: B. The circumstances relating to soil conditions, shape 1. north point or topography of such land or structures especially 2. zoning district(s) affecting the property for which the Variance is 3. names of streets call the zoning 4. wetlands if applicable) sought which do not affect generally n9 ( pp ) district in which the property is located. 5. abutters of property, within 300 radius C. Facts which make up the substantial hardship, 6. locations of buildings on adjacent properties financial or otherwise,which results from literal within 50'from applicants proposed structure enforcement of the applicable zoning restrictions 7. deed restrictions, easements. with respect to the land or building for which the In Legend 3 Graphic Aids: variance is sought. 1. Proposed features in solid lines&outlined in red D. Facts 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. Facts relied upon to support a finding that relief 5. Title of Plan sought may be given without nullifying or 6. Names addresses and phone numbers of the substantially derogating from the intent or purpose applicaK owner or record, and designer of of the Ordinance. surveyor. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA 10 D. Minor Projects application. Minor projecii,such as decks,sheds,and garages, shall require only the plan information as indicated with 10. PLAN OF LAND an. asterisk(*). In some cases further information may Each application to the Zoning Board of Appeals shall be required. be accompanied by the following described plan. Plans must be submitted with this application to the Town 11. APPLICATION FILING FEES Clerk's Office and ZBA secretary at least thirty(30)days 11-A, Notification fees: Applicant shall provide a prior to the public hearing before the Zoning Board of check or money order to: "Town of North Andover- appeals. #022-17604841"for the cost of first class, certified, return receipt($4.42 as of November 2003)x#of all A set of building elevation plans by a Registered parties in interest identified in MGLA ch. 40A§11 on the Architect may be required when the application abutter's list for the legal notice check. Also, the involves new constructioniconversionl and/or a applicant shall supply first class postage stamps proposed change In use. (currently 37$)x the#of parties of interest on the abutter's list for the decision mailing. 10. A. Major Projects Major projects are those, which involve one of the 11. 8. Mailing labels: Applicant shall provide four(4) following whether existing or proposed: sets of mailing labels no larger than 1"x2-518'(3 copies I)five(5)or more parking spaces, for the Legal, and one copy for the Decision mailing). Il)three(3)or more dwelling units, 11. C. Administrative fee of$50.00 per application. III)2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 4 A Variance ofte,granted by the ZBA will lapse In 10C features, that the plans show detailed utilities, soils, 1 (one)year If not exercised and a new petition must and topographic information. be submiftd•F MO�TM Zoning Bylaw Denial fir ' Town Of North Andover Building Department +�!F 400 Osgood St North Andover MA. 01845 34`""S` Phone Fax 87#488-8542 Street: CPI su o i t: 3 cl1 Applicant: 01.9 Pa Z977 R oast° �h/d NL"v�= ct�• ' c1.5 Date: �5" Please be advised that after review of your Application and Plans that your Application ss DENIED for the following Zoning Bylaw reasons: Zoning -Z Item Notes Reim Notes A I Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Fmntage Complies 3 Lot Area Complies 3 --Preexisting ffOntilge5 4 Insufficient Information 4 1 insufficient Information B Use S No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Pmexisting 2 Com les 4 Special Permit Required y 3 Preexisting CBA 5 Insuffident Information 4 Insuffident 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 Haight V e-5 4 Right Side Insufficient 4 Msufficsent Information 5 Rear Insufficient I Building Coverage 8 Preexisting setbacks U/e-5 1 Coverage exceeds maximum 7 Insufficient Information 2 1 Coverage COMPBOS D watershed 3 Coverage Preexisting Lj L- I Not in Watershed S 4 Insufficient Information 2 In Watershed d Sign 1&� 3 Lot prior to 10/24/94 1 sign not alkmwed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insuffident Information E I Historic District K I Parking 1 In District review required 1 More Parking Required 2 Not in district `e5 2 Parking Complies Ve5 3 Insufficient Information 3 Insufficient Information 4 Pre-mcisfing Parkirig ROffledY for the above is checked below. Item 0 S ial Permits planning Board Item 8 Variance B - Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit PwWng Varixam Frontage Lot Special Permit Lot Area Variance Common DMMM Special Permit Height Variance Congregate Housing Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Eklerly Housing Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Developmerit District Special Permit special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sion R-6 Density Special Permit Special Permit preedsting,nonconformin Watershed SpecW Permit The above review and attached erpWNWn of such is based on the plains and iriorrndion subrdttsd. No definkire review and or advice aW be based an verbalar1 iarrali n by Imre applicant nor atrell aucti varbd 1;l (ions by the applicant serve to provide dellrOve anomm to ttn above rwara for DENIAL. Any inacc raass,nr0 'a i g iwbnnarbn,ar adw subsequent changes to the inrornralion submMed by the ap;If - I"be grounds for this review to be wailed at the diaeratlon of the Building Department.The alfaclnd do=M t tMed'Plrm Review NWwW WW ba aWmchsd iterelo and ircorporalsd herein by rKenince. The buil ft depo li mrt wit mW M pWris and doanwilildon for the above ML You mL t ft a new bWft ped appy form and begin the psrmidig p m=L llpl4dt O- j J�Kac� guild(ng Department Official Signature Application Ileceived App ied Denial Sent: If Faxed Phone Number/Date: __ Plan Review Narrative The following narrative is provided to further e)lain the reasons for denial for the application/ permit for the property indicated on the reverse side: IMIIf1 IIB�M11�1�at Dell�al �l1�11O� Pel d� r ��` % �h� cS//ti /�D✓t,`L�/.-?�n vr�Ir u ZU T %S lef. 1 e A 0Y eq Le4 S U �IAII�C'� or ���l� e IUB �c �e w 8 oz N� 9 c Referred To: Fire HeaRh Police Zonmg Board Conn d Public Works Planning Historical Commission Other BUILDING DEPT MEMORANDUM APPLICANT: Sunit Mukherjee, M.D. 230 Sutton Street North Andover, MA 01845 (978) 687-4137 PURPOSE: Application for Special Permit and Variance from the North Andover Zoning Board of Appeals PROPERTY: 217-219 Sutton Street North Andover, MA 01845 The Applicant, Sunit Mukherjee, M.D., seeks a Special Permit and a Variance from the Zoning Board of Appeals in order to convert an existing two (2) family residential building into a commercial building for use as his medical office. The existing zoning is Industrial S (I-S) and a professional medical office is an allowed use in this zone. The Special Permit request is for a change of use in a prior non-conforming structure. The Variance request is to reduce the required width of the driveway. The use will be in harmony with the area which is largely commercial and also with the general purpose and intent of the Zoning By-Law. I Ij f. October 12, 2 05 We, Peter and Julie Ciaral di, are the current owners of 217-21 S on Street, North Andover MA,herby authorize Dr. Sunit Mukher ee apply for a variance and special permit to go before the North Andover ning Board of Appeals. Peter Ciaraldi Julie iaraldi 1 I BK 921'.3 PC 239 pvzrcta= asm T, Eugene H. Salois of 219 Sutton Street, Northhndtver, MA, for consideration paid in the amount of Two Hundred sixty, Thousand ($260,000.00) poilars and no/loo grant to Julie Ciara di ind Peter ciaraldi, husband and wife, as tenants by the entirety d not as tenants in common, both of 9 Olde Koode Road, Salem, with quitclaim covenants A certain parcel of land together with the buil ding or buildings thereon shown as Parcel 7 on "Plan of Lots Sutton Street, North Andover, Maes. , by Ralph 8. Brasseur, C. dated October 25, 1948". Said parcel if more particularly bo ded and described as follows: NORTHERLY by Sutton Street, eighty-two and 50/100 (821,50) feet as shown on said plan EASTERLY by other land of Sutton's Mills, one .hu red and VN no/100 (100.00) feet as shown on said la ; ' SOUTHERLY by other land of Sutton's Mills, eighty-two and Ica 80/200 (82.80) feet as shown on said Lan' WESTERLY by Parcel 8, one-hundred and no/2.00 (10 .001 feet as shown on said plan. Containing 8,265 square feet of land more or less. subject to and with the benefit of any restrictions of record, easements of record, or agreements of record if any th re and so far a8 same may now be in force and applicable. • Being the same premises conveyed to me by deed of William alsh and o Aptly K. Walsh, husband and wife, dated September 19, L958 and Z(b Q recorded in the North District Essex Registry of Deeds at took 880, c Page 218. WITNESS MY HAND AND SEAL THIS 26th DAY OF September, 2004 . NOt 30'04 w9:52 7 i mmA_ t - Y !•! ' G .L, >• T EUGENE N. 8ALOIS 4 l Abutter to Abutter( x ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT. MGL 40A,Section 11 states in part"Partes 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 abutters 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 any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property, MAP PARCEL Name Address 39 14 Peter Ciaraldi 217-219 Sutton Street North Andover,MA 01845 Abutters Properties MAP PARCEL Name Address 28 1 LBM Realty Trust 200 Sutton Street North Andover,MA 01845 28 21 Dizzy Bridge Realty Trust 31 Moody Street North Andover,MA 01845 28 23 In-Laws Realty Trust 200 Sutton Street North Andover,MA 01845 39 9 Christopher Patalano 15 Thorndike Road North Andover,MA 01845 39 10 Mary Ann Nichols 27 Beecher Street Weymouth,MA 02189 39 13 Evelyn Clark 249 Sutton Street North Andover,MA 01845 39 15 Donald Minion 213 Sutton Street North Andover,MA 01845 39 16 Third Chattegee Realty Trust 55 South Bradford Street North Andover,MA 01845 39 17 Third Chattedee Realty Trust 55 South Bradford Street North Andover,MA 01845 39 18 Francesca Nicolosi 143 Mill Road North Andover,MA 01845 39 22 Clean Harbors PO Box 859048 Braintreet,MA 02185 39 23 Charm Sciences 659 Andover Street Lawrence,MA 01843 39 24 Charles Matses 200 Sutton Street North Andover,MA 01845 page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of P'�C Zaos Certified by,. Date /e /� s '�I PLAN OF LAND IN NORTH ANDOVER, MASS. OWNED BY PETER AND JULIE CIARALDI SCALE: I"=20' DATE:1011112005 THE ZONING DIST. 0' 20' 40' 80' IS INDUSTRIAL S Scott L. Giles P.L.S. BUILDING AREA =1378 S.F. Frank S. Giles P.L.S. X2=2756 S.F. 50 Deermeadow Rd 2.756 X 3=8 PARKING SP. North Andover, Mass. PLUS 4 EMPLOYEE SP. =12 P.S. CLEAN HARBORS DEED BK. 9213 PG.239 MAP 39 PARCEL 22 PLAN 1989 AT THE N.E.R.D. 82.80' 9 10 11 8 N >. C� 10' 7 36' 12 W 6 O 5 °w MINION CLEAN HARBORS o 2 STORY w.F. MAP 39 PARCEL 15 MAP 39 PARCEL 22 0 o ca 0 4 a o 15' 3 EXISTING 2 112 STORY EXISTING 2 112 STORY 2 W.F.BUILDING W.F.BUILDING #217-#219 11.9'+� #213 1 Existing Parking MAP 39 PARCEL 14 8265 S.F. 82.50' SUTTON STREET H QF THE PROPERTY LINES SHOWN ARE THE o� LINES DIVIDING EXISTING OWNERSHIPS,AND S THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS 0- 13972 OR WAYS ALREADY ESTABLISHED,AND NO s �f�EStE EQ NEW LINES FOR DIVISION OF EXISTING IL LAAO° OWNERSHIP OR NEW WAYS ARE SHOWN. THIS IS TO CERTIFY THAT I HAVE CONFORMED NORTH ANDO VER WITH THE RULES AND REGULATIONS OF THE BOARD OF APPEALS REGISTERS OF DEEDS IN PREPARING THIS PLAN DATE OF FILING: DATE OF HEARING: DATE OF APPROVAL: TOWN OF NORTH ANDOVER SPECIAL ZONING BOARD OF APPEALS 2005 OT It: 46 NAME Qinj t KikharjPn, M n C ADDRES OF APPEAL - TownMA 8 clerk Time stamp E Procedure & Requirements for an Application for a Special Permit Ten (10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty QM 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)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cost of the Party in Interest fee. petitioner will complete items that are underlined. STEP 7• DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING I Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf, or be as required in items 1 through and including 11 shall be represented by an agent or attomey. In the absence of completed. any appearance without due cause on behalf of the petition,the Board shall decide on the matter by using STEP 3• PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREM sent to all parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, within twenty(20)days a certified list of Parties in Interest(abutters). after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: STEP 10 RECORDING THE DECISION AND P�ANB Petitioner submits one(1)original and 10 Xerox copies of all the required information to the Town Clerk's Office The petitioner is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 381 Common Office, and the 10 Xerox copies will be left with the St., Lawrence MA, and shall complete the Certification Zoning Board of Appeals secretary. of Recording form and forward it to the Zoning Board of F Appeals and the Building Department.. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 400 Osgood Street 120 Main Street North Andover,MA 01845 North Andover, MA 01845 axCommunity Development offices D 78-688-9545 Building Department 978-688-9501 Town Clerk's Office OCT 1 3 2005 78-ssa"9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office N PAGE 1 of 4 BOARD OF APPEALS PAGE 2 OF 4 Date&Time Stamp Application for a SPECIAL PERMIT ..: North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number. Sun Tel No. (978) 687-4137 230 Sutton street_, North Ando-ver, MA M R45 *The petitioner shall be entered on the legal notice and the decision as entered above. • Address and Telephone number and number of 2. Owners of Land. Name, ep years under this ownership: Peterand Julie Ciaraldi Tel No (603) 475-4578 Years Owned Land: 1 year S j ems NH 031179 - 3. Location of Property: a. Street: 212-219 Sutton Street Zoning District Is b. Assessors: Map number 19 of Number: 14 c. Registry of Deeds: Book Number 9213 Page Number: 239 4. By-Law Sections under which the petition for the Special Perm it is made. Section 9 HM-Conformina Uses SubSections 9 1 and 9.2 - *Refer to the Permit Denial and Zoning By4-aw Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: &=1;cant =ka to con��ean existing two family residential building (condominium) into _a commercial building for use as his medical office. The existing zoning is Industrial S (IS) and a professional medical office is an allowed use in this zone (Ses 4.135-2) i *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. s I r 1 l Page 3 of 4 l Application for a SPECIAL PERMIT NORTH ANDOVER ZONING BOA�tD OF APPEALS 6.a Existing Lot- Lot otLot Area Open Space Percent lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft Coverage Feet Spaces Front Side A Side B Rear 826 5 17 % 82-SQ 12 17.5 11.9 36 25 R b. Proposed Lot(S): No changes to lot size or building footprint Lot Area Open Space Percent Lot Frontage Parking a Minimum Lot set Back` Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear s �i► c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum tot set Bads` `` Sq. Ft. Sq. Ft Coverage Feet Spaces Front Side A Side B Rear fl- — 96 .I V;0 _ 12 _30 .20.._ 2.0— T. a. Existing Buildings: Ground Floor Number of Total Used Number Square feet Floors Sq.feet Building" of Units j178 2 2756 jMQd,ic-al office 1 "Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. S. Proposed Buildings: Same Ground Floor Number of Total Use of Number Square feet Fkxxs Sq.feet Building• of Units r *Reference Use Code numbers and lyses from the Zoning Ordinance. State number of units in building. t S. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. it shall be the responsibility of the petitioner to famish all supporting documentation with this application. The dated copy of this application received by the Town Cleric 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 as and Regulations ay result in a dismissal by the Zoning Board of this application as incomplete. Si nature T above name S here Domenic J. Scalise attorney for Sunit Mukherjee, M.D. 89 Main Street, North Andover, MA 01845 (978) 682-4153 PAGE 4 OF 4 v5 %.v2r1%2= ■ %=■ %eggs a i 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a *10. B.*Plan Speciflcatiow. legibly written or typed memorandum setting forth in I) Size of plan: Ten(10)paper copies of a plan not detail all fads relied upon. When requesting a Special to exceed 11"x17, preferred scale of 1"=40' Permit from the requirements of MGLA ch.40A, and the m One(1)Mylar. North Andover Zoning By-laws, all dimensional Ill) Pian prepared by a Registered Professional requirements shall be dearly identified and factually Engineer and/or Land Surveyor, with a block for supported. Each point, 14 individually, is required five(5)ZBA signatures and date indicated on the to be addressed with this application. Mylar. *10 C. *Features To Be Included On Plan: 1.The particular use proposed for the laved or structure. n She Orlentaillon shah Include: 2.The specific site is an appropriate location for such 1. north point use, structure or condition. 2. zoning district(s) 3.There will be no nuisance or serious hazard to 3. names of streets vehicles or pedestrians. 4. wetlands(if applicable) 4.Adequate and appropriate facilities will be provided 5. mutters of property,within 300' radius for the proper operation of the proposed use. 6. locations of buildings on adjacent properties S.The use is in harmony with the purpose and intent of t within NY from applicants proposed structure Zoning Bylaw. 7. deed restrictions, easements. 6. Specific reference and response to the criteria m Legend&Graphic Ails: required by the particular Special Permit for which 1. Proposed futures in solid lines&outlined in red this application is made(i.e. the Earth Removal 2. Existing features to be removed in dashed lines Special Permit has unique criteria and submittal 3. Graphic Scales requirements.). 4. Date of Plan 5. Title of Plan 10. PLAN OF LAND 6. Names addresses ard phone numbers of the Each application to the Zoning Board of Appeals strati applicant,owner or record, and designer or be accompanied by the following described plan. Plans surveyor• must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty(30)days 10D. M Projects prior to the public hearing before the Zoning Board of Minor projects,such as dwW sheds, and garages, appeals. shall require only the plan information as indicated with an. asterisks(*). In some cases further information may A set of building elevation pians may be required be required when the application involves new construction/converalont and/or a proposed change 11. APPLICATION FLING FEES In use. A. Notification fees: Applicant shall provide a check or money order to: 'Town of North Andover- 10 A. Major Projects 4072-1760-4641'for the cost of first class, certified, Major projects are those which involve one of the return receipt($4.42 as of November 2003)x 0 of all following whether existing or proposed: parties in interest idandfied in MGLA ch. 40A§11 on the I)five or more parking spaces, abutter's list for the legal notice check. Also, the II)three(3)or more dwelling units, applicant shall supply first dare postage stamps III)2000 square feet of building area. (currently 37¢)x the d of parties of interest on the abuWWs list for the decision mailing. B. Mailing labels: Applicant shall provide four(4) j Mayor Projects shall require that in addition to the above sets of mailing labels no larger than 1"x2-5/t3' (3 copies featuresplans must show detailed utilities soils and topographic information. for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of$50.00 per application. i ►►►► A Special PemNt ones granted by the ZEA wM Is as to 2(two)years It net exercised and a now petition rust be submitted. -4-4 . I 1 NORTH Zoning Bylaw Denial ifNt+ Town Of North Andover Building Department 400 Osgood St. North Andover, MA. 01845 Phone 975444545 Fax 9711-611844 Street: 1 -- I U �'L' S Ma t 3 Applicant: e r - -U-0 Request: lR��''✓ /a -/O Cq (14kM N e a I Date: Please be advised that at,ber review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning --,7- s em Notes Ian Notes l A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting S 2 Frontage Com les 3 Lot Area Complies 3 1 Preexists S 4 Insufficient Information 4 Insufficient Information B 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 Pernit Required '/ s 3 Preexists CBA `� S 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Com les 3 Left Side Insufficient 3 PreexMing Height �5 4 Right Side Insufficient 4 1 Insufficient infomnation 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks UJ e 5 1 Cove exceeds maximum 7 Insufficient Information 2 Coverage COMPlies D Watershed 3 Coverage Preexisting >° 5 1 Not in Watershed S 4 Insufficient Infornation 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Com " 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district `f�e5 2 Parking Complies a-S 3 Insufficient Infornation 3 Insufficient Information on Pre-existing Parking Remedy for the above is checked below. Item 0 Special Permits Planning Board lam a Variance Site Plan Review Special Permit Setback Variance Access other therm Fran a Special Permit ParMng Variance Fron Lot Special Permit Lot Area Varier= Common DrNeway Special Permit Hei ht Variarmce Congrepte Housing Special Permit Variance for Sign Continuing Care Retirement Spectral Permit Special Permits Zoning Board indelmWerd EIq!q Housing Special Permit I special Permit Non-Conforming Use ZBA Lar e Permit ZBA Estate Condo S i Permit Earth Removal Special Planned District Special Permit I Special Permit Use not Listed but Similar Planned Residential Special permit Special Permit for Sign R-6 Derwity Special Permit Special Permit prewdsting nonconformin Watershed Special Permit 16,15�cv,J W1 . L14,/I I a,uCV— The above review add altactad wiph rMion of such is besed an the piens and kft,.a b aubrnil N& No definitive review and or advice shell be baud on vww lermations by the a1;-, >m nor stall such verbal eeplene1i, 1- by the appicard nerve to provide defacitiva wows b the above mveeons for DENIAL. Any inaccuracies,ncielea 1,g inbrrn w,or attar ucbaaquu t . changes to tie N*"*tion arbnriNed by to applicant stat be gromamds for this review In be voided at the Or ohm I of the Building Deprin o t The afitacind doaarwmt tlbd*pm Review Narrative"shell be attached a m to and bxwporeled herein by reference. The building Alp--h vA slain rat pW&and docuffmigm for the above ties.You must file a naw bukbv pemd application moon and been do patrr 0' 9 proves. G,J,dA guilding Department Official Signature Appi' ion sowed App' ied Denial Sent: If Faxed Phone Number/Date: __ Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: MNa Il�lirit�M�0[DNlial �1�110f ell A010 c L.U - %S k Iry/x"V o /0 Se� /oma S S S -� 17 c rO �'j C Be /4 5( e �<AN A L, �ec-v S IPee a Referred To: Fire Hm th Police Zoning Board Conservation hviotd Public Woks Planning Historical Commission Omer BUILDING DEPT October 12, 2 05 We, Peter and Julie Ciaraldi, are the current owners of 217-21 S ou Street, North Andover MA, herby authorize Dr. Sunit Mukher ee apply for a variance and special permit to go before the North Andoi er ping Board of Appeals. Peter Ciaraldi LJulie iaraldi Bks 1.3) PG 239 QU_TCLhxm nMW T, Eugene K. Salois of 219 Sutton Street, North d ver, MA, for consideration paid in the amount of Two Hundred S ty, Thousand ($260,000.00) ]Dollars and no/100 grant to Julie Ciaradi And Peter ciaraldi, husband and wife, as tenants b . y the entiret d not as tenants in common, both of 9 Olde Woode Road, Salem, with quitclaim covenants A certain parcel of land together with the buil ding or buildings thereon shown as Parcel 7 on "Plan of Lots Sutton Street, North Andover, Maas. , by Ralph B. Brasseur, C. dated October 25, 1948". Said parcel if more particularly bo ded and described as follows: NORTHERLY by Sutton Street, eighty-two and SO/100 (8 50) feet as shown on said plan; EASTERLY by other land of Sutton's Mills, one hu* red and no/100 (100.00) feet as shown on said la#; SOUTHERLY by other land of Sutton's Mills, el ht two and 80/100 (82.80) feet as shown on said lan' WESTERLY by Parcel 8, one-hundred and no/100 (10 001 feet as shown on said plea, Containing g 8265 square feet of land more or less. W subject to and with the benefit of any restriction o record, Q. easements of record, or agreements of record if any th re ' and so far as same may now be in force and applicable. oti ` Being the same premises conveyed to me by deed of William alsh and Q' o Amy H. Walsh, husband and wife, dated September 19, ' 9S8 and to Q recorded in the North District Essex Registry of Deeds at I look see, c Page 218. WITNESS MY HAND AND SEAL THIS 16th DAY OF September, 2004 . NOV 30'04 a+9:52 M M r; M. ` EUGENE H. SALOI s !; Z, i MEMORANDUM APPLICANT: Sunit Mukherjee, M.D. 230 Sutton Street North Andover, MA 01845 (978) 687-4137 PURPOSE: Application for Special Permit and Variance from the North Andover Zoning Board of Appeals PROPERTY: 217-219 Sutton Street North Andover, MA 01845 The Applicant, Sunit Mukherjee, M.D., seeks a Special Permit and a Variance from the Zoning Board of Appeals in order to convert an existing two (2) family residential building into a commercial building for use as his medical office. The existing zoning is Industrial S (I-S) and a professional medical office is an allowed use in this zone. The Special Permit request is for a change of use in a prior non-conforming structure. The Variance request is to reduce the required width of the driveway. The use will be in harmony with the area which is largely commercial and also with the general purpose and intent of the Zoning By-Law. Abutter to Abutter( x ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing 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 oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 39 14 Peter Ciaraldi 217-219 Sutton Street North Andover,MA 01845 Abutters Properties MAP PARCEL Name Address 28 1 LBM Realty Trust 200 Sutton Street North Andover,MA 01845 28 21 Dizzy Bridge Realty Trust 31 Moody Street North Andover,MA 01845 28 23 In-Laws Realty Trust 200 Sutton Street North Andover,MA 01845 39 9 Christopher Patalano 15 Thomdike Road North Andover,MA 01845 39 10 Mary Ann Nichols 27 Beecher Street Weymouth,MA 02189 39 13 Evelyn Clark 249 Sutton Street North Andover,MA 01845 39 15 Donald Minion 213 Sutton Street North Andover,MA 01845 39 16 Third Chatteriee Realty Trust 55 South Bradford Street North Andover,MA 01845 39 17 Third Chattedee Realty Trust 55 South Bradford Street North Andover,MA 01845 39 18 Francesca Nicolosi 143 Mill Road North Andover,MA 01845 39 22 Clean Harbors PO Box 859048 Braintreet,MA 02185 39 23 Charm Sciences 659 Andover Street Lawrence,MA 01843 39 24 Charles Matses 200 Sutton Street North Andover,MA 01845 page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of t / f Z�pS Certified by' Datec,9-- 4 PLAN OF LAND 1N NORTH ANDOVER, MASS. OWNED BY PETER AND JULIE CIARALDI SCALE: 1"=20' DATE:10/11/2005 THE ZONING DIST. 0' 20' 40' 80' IS INDUSTRIAL S Scott L. Giles P.L.S. BUILDING AREA =13 78 S.F. Frank S. Giles P.L.S. X2=2756 S.F. 50 Deermeadow Rd. 2.756 X 3 = 8 PARKING SP. North Andover, Mass. PLUS 4 EMPLOYEE SP. =12 P.S. DEED BK. 9213 PG.239 CLEAN HARBORS PLAN 1989 AT THE N.E.R.D. MAP 39 PARCEL 22 82.80' 9 �\ 10 11 8 10, 36' 12 uj 6 \ 5 \ © MINION CLEAN HARBORS �. 0 2 STORY WF. MAP 39 PARCEL 15 MAP 39 PARCEL 22 \ CL 0 0 o , O � 4 CL 3 \� - 15 - - EXISTING 2 1/2 STORY J EXISTING 2 1/2 STORY 2 W.F.BUILDING W.F.BUILDING 1 #217-#219 #213 Existing Parking MAP 39 PARCEL 14 8265 S.F. " c„ 82.50' SUTTON STREET THE PROPERTY LINES SHOWN ARE THE ,' �"� S LINES DIVIDING EXISTING OWNERSHIPS, AND N THE LINES OF STREETS AND WAYS SHOWN E ARE THOSE OF PUBLIC OR PRIVATE STREETS 0. 13972 OR WAYS ALREADY ESTABLISHED, AND NO "A �CISTEREO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. /o /Z/ur"-�5- THIS IS TO CERTIFY THAT I HAVE CONFORMED NORTH ANDO VER WITH THE RULES AND REGULATIONS OF THE BOARD OF APPEALS REGISTERS OF DEEDS IN PREPARING THIS PLAN DATE OF FILING: DATE OF HEARING: DATE OF APPROVAL: PLAN OF LAND IN NORTH ANDOVER, MASS. OWNED BY PETER AND JULIE CIARALDI SCALE:I"=20' DATE10/11/2005 THE ZONING DIST. 0' 20' 40' 80' IS INDUSTRIAL S Scott L.Giles P.L.S. BUILDING AREA=1378 S.F. Frank S.Giles P.L.S. X2=2756 S.F. 50 Deermeadow Rd. 2.756 X 3=6 PARKING SP. North Andover,Mass. PLUS 4 EMPLOYEE SP.=12 P.S. CLEAN HARBORS DEED BK.9213 PG.239 PLAN 1989 AT THE N.E.R.D. MAP 39 PARCEL 22 82.80' 9 10 11 8 N 10' 7 ----- %1�� 36' 6 0 5 °w MINION � CLEAN HARBORS o 2 STORY WF MAP 39 PARCEL 22 0 0 o MAP 39 PARCEL 15 0 4 a o 3 _ 15'--- EXISTING 2 1/2 STORY EXISTING 2 1/2 STORY 2 W.F.BUILDING W.F.BUILDING 1 #2174219 11.9'+/- #213 Exisfing Parking MAP 39 PARCEL 14 8265 S.F. 82.50' SUTTON STREET THE PROPERTY LINES SHOWN ARE THE LINES DIVIDING EXISTING OWNERSHIPS,AND THE LINES OF STREETS AND WAYS SHOWN 9 2 { ARE THOSE OF PUBLIC OR PRIVATE STREETS sr�r���� OR WAYS ALREADY ESTABLISHED,AND NO �I LA NEW LINES FOR DIVISION OF EXISTING j OWNERSHIP OR NEW WAYS ARE SHOWN. ' 01 THIS IS TO CERTIFY THAT I HAVE CONFORMED NORTH ANDO VER WITH THE RULES AND REGULATIONS OF THE BOARD OF APPEALS REGISTERS OF DEEDS IN PREPARING THIS PLAN DATE OF FILING: DATE OF HEARING: DATE OF APPROVAL: