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HomeMy WebLinkAboutMiscellaneous - 37 CHESTNUT STREET y ri -j 1-2 Z711 04"' OLER NO R, TOWN OF NORTH ANDOVER MASSACHUSETTS MAY 2 Go P PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten P-- Applicant: .IN Address: carJST- 1. Application is hereby made (a) For a Special Permit under Section ; Paragraph 7—.2,. of the Zoning Bylaw. 1 2. a Premises affected are land 2 and buildings ( ) numbered ' Street. (b) Premises affected are property with frontage. on the North °'South East West >< - side of Street, known as No. 4 2 3F-�t 3 (c) Pr � ,� emises affected are in Zoning District �--L-; ar' j the premises affected have an area of and frontage of L ?. . 2 ,O feet. �,� 75 076 Of LOT# -3? s 12.1 -80�•�' 3 . Ownership: (a) Name and Address of owner (if joint ownership, give all names) : 0.` TleW asg!-;TPr-,i0 AU 'e; Date of purchase dp-&-9 Previous owner a i�v p�1ID� (b) °If applicant is not owner, check his interest in the premises: ( 2-- Prospective purchaser 1 d- 4 9� 37 Lo f#:3 Leasee Other (explain) x`31L4 ��.�_. 4 . Size of 'proposed building: &&, front: �T + feet deep Height: stories: feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) 61 W L rE, t (c`) Type. of construction size of Existing Building: _ feet front: 5D! feet deep Height: 2-'12. stories 2ag2,f feet. (a) Approximate date of erection (b) Occupancy or use (of each floor) 6. Has there been a previous application for Special Permit from the Planning Board on these premises? Nz*> If so, when 7. Description of purpose for which Special Pe}rait, is sought on this petition: F- T" 8. Deed recorded in the Registry of. Deeds in Book Page IbM WOW.7 or band Court Certificate No. Book Pa a ,f cF', YNUT e?v-: 4270 Pw 3? .16& .u1�Tt4QT ems. f j 7 12 BCo. 9. The principal points upon which I base may application are as follows: (must be stated in detail) JV acl �WP�MtfiT�� Tt��S a-4014 A 41 IN O UfbNIft. D X01 HMO -RUNIC 1� o - ed o A& rido talo ,�<_a x.,51�i.•-E-• .', ' : I agree to pay for advertising in newspaper and postage fee for mailing legal notices to "Partig in I t e ". (PetitiPhe r's Si nature) Every application for action by Board shall be made on a form . " approved by the Board. These forms shall be furnished ' by the Clerk upon request. Any communication supporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein. Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwithstanding that the land of such owner is located in another city or town, the Planning Board of the Town and the Planning Board of every abutting city or town. LIST OF PARTIES IN INTEREST NAMES ADDRESS Add additional sheets if necessary Any question should be directed to the Planning Office • t LoT4 • A.I -�p7 1'Y0 DAMARC DESIGN i CONS I NDRUCTION ' ���"�LQ � e 1 � t 1 t t Ol OT _ DANIARC DESIGN CONSTRUCTION IE: r TLFrT T 30c) U u� T � P � 37 E. Eerti 00, *6rdar 454 floq� AJMVEV-1 ruh. - '50o -72 F { E _.--�.a�1���''.._:�?���� �C ( �"�""�� ' EKG �_.�1 •--� ._ l . �moo`✓�... � `1� ' OT -An cN4 Z. I 1'�©Y .-�G�"4 f�'t�( �y!I�. ._ ill�►_.-._D�S 457 Mr94. - M l _ Npp je�.f!L m vt _.TIA a;, y, vol- . At f ! k AA§T-�C- rte` P Avg. _ co ' . ........... -kii �C�i LA r2l !,� f�..��..LL�► NLI� .J�_;. -� a j�"�- ,1'}0 ..1 i`�S `-- --�--------, _ -- : I I C,t.... CCU qw - L i , w i M,d, t� Vd, i . .... ..: ... t ,. L.094k Alk I1�'F.: A-V r. � � t�-.�' � � ,�Maj�-._._ �.►,�.:. :..._ .._ __._. i 5"r f, M I GN1�. 1�_ S c v 4646 law Mid3 POU6jL&.S ' pUt45M0r�F_ _.. . '��J L +QFJ`i F Co-7 P6���l1KG BD��� JOYCE A iW TOWN OLERK Any appeal shall be filed T 'WN OF NORTH A N D O V E R NORTH ANDOVER within (20) days after the 3 date of filing of this Notice 0 „° in the Office of the Town ? °p Clerk. SSACMUSEt NOTICE OF DECISION Date May 29,,. 1996. . . . . . . . . . . . . . May 21, 1996 Date of Hearing . . . . . . . . . . . zn David & Joanne Mermelstein Petition of . . . . . Premises affected . Lot. 2. &,Lot 3 37 & 41 Chestnut Stsreet , , , , , , , , , , , , , , , , , , , Referring to the above petition for a special permit from the requirements No. ,And. Zoning Bylaw Sec. 7 Paragraph 7.2 Frontage.Exception Lot of the . . . . . . . . . . . . . . . allow a frontage exception lot in order to, reconfigure ,the, lots soas to lxg . . . . . . . . . .at 37 and 41 Chestnut. Street.. . , After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to APPROVE. . . . . . . . .the .SEECIAL .BERMZT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Signed 0 Assessors Police Chief Joseph_ V. Mahoney.. Chairman, , , , , Fire Chief Applicant Richard. Rowen, Vice Chairman , Engineer File Alison Lescarbeau.. Clerk . . . Interested Parties Richard Nardella John Simons . . .. ' ' ' . . 'planning Board Town of North Andover r►ORTM OFFICE OF �o btu e D 6.6�OOL COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover,Massachusetts 01845 SSACNUSE May 29, 1996 Ms. Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MA 01845 Re: Special Permit/Frontage Exception Lot/41 Chestnut Street Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening May 21, 1996 at 7:30 p.m. in the Senior Center located behind the Town Hall Building, upon the application of David& Joanne Mermelstein, 41 Chestnut Street, North Andover, MA 01845 requesting a special permit under Section 7 Paragraph 7.2 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on May 1 and May 8, 1996 and all parties of interest were duly notified. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, John Simons and Richard Nardella. The petitioner was requesting a special permit to allow a frontage exception lot in order to reconfigure the lots at 41 and 37 Chestnut Street. The premises affected at Lot 2 and Lot 3 and buildings numbered 41 and 37 Chestnut Street in Residential - 3 zoning district. Ms. Lescarbeau read the legal notice to open the public hearing. Mr. Mermelstein, property owner, was present and stated that he simply wants to"swap" the location of the frontage exception lot and make a"T with the lots instead of the current"L." Ms. Colwell stated that he is not creating a new lot,just shifting the land around. Christine Smith, 60 Chestnut Street, is concerned about making the lot a pork chop lot and whether the owner is planning to build more homes in the future. Mr. Smith inquired whether or not the"back" land is landlocked? Richard Haltmeier, Chestnut Street, stated that he is very much in favor of Mr. Mermelstein's proposal of"swapping"the lots. Mrs. Smith stated that Chestnut Street is a bumpy mess now because of the road being torn up, and she wants to know when it will be repaired. She was referred to DPW. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Planning Board voted unanimously to close the public hearing. Ms. Colwell had a draft decision prepared and the Board reviewed it. On a motion by Mr. Nardella, seconded by Mr. Angles, the Planning Board voted unanimously to approve the amended special permit frontage exception lot. Attached are those conditions. Sincerely, Joseph V. Mahoney, Chairman North Andover Planning Board 41 Chestnut Street (Lot 2) Special Permit Approval-Frontage Exception Lot The Planning Board makes the following findings regarding the application of David Joanne Mermelstein(D.B.A. Damarc Design& Construction)41 Chestnut Street,North Andover, MA 01845; dated May 1, 1996; requesting a Special Permit under Section 7.2.2 of the North Andover Zoning Bylaw for the relocation of a Frontage Exception Lot located at 41 Chestnut Street. FINDINGS OF FACT: 1. The lot conforms to all of the criteria set forth in Section 7.2.2 of the North Andover Zoning Bylaw as follows: 2. The area of the lot exceeds by three times the minimum lot area required for that Zoning District (25,000 SF) as the lot contains 78,908 acres. 3. The lot has a minimum continuous street frontage of not less than fifty(50) feet and a width of not less than fifty(50)feet at any point between the street and the existing home. The lot contains 121.80' of frontage and width. 4. There are no other frontage exception lots adjacent to this lot. 5. The lot is so located as not to block the possible future extension of a dead end street. A house exists on the lot which would preclude any future access to any other adjacent property. 6. The relocation of the lot will not adversely affect the neighborhood as the land used to create the frontage exception lot on Lot 2 is coming from a previously existing frontage exception lot on the adjacent lot. In approving the creation of a frontage exception lot on Lot 2, the existing frontage exception lot on lot 3 will be eliminated. Therefore this special permit simply involves a land swap. 7. The reloacation of the lot is in harmony with the general purpose and intent of the Zoning Bylaw. 8. The granting of this special permit will not be detrimental to the town as the creation of the lot simply involves a land swap between two parcels and does not create any new lots. 9. There are no wetland resource area located between the street and the buildable portion of the lot. Upon reaching the above findings, the Planning Board APPROVES this Special Permit based upon the following conditions: 1. This decision must be filed with the North Essex Registry of Deeds. Incorporated by reference as a part of this decision is the following plan: . e Plan titled: Plan of Land in North Andover, M e , ass. Drawn for: Damarc Design and Construction Inc. Clark Street Waltham, Mass. Scale: 1" =40' Date: March 26, 1996 Prepared by: Merrimack Engineering Services Park Street Andover,Massachusetts 10810 Any changes made to these plans must be approved by the Town Planner. Any changes deemed substantial by the Town Planner will require a public hearing and modification by the Planning Board. 2. This permit shall be deemed to have lapsed after a two (2)year period from the date on which the Special Permit was granted(i.e. filed with the Town Clerk)unless substantial use or construction has commenced. This application will therefore expire on cc. Applicant Assessor Building Inspector Conservation Administrator Director of Public Works Engineer File Fire Chief Health Agent Police chief 41 Chestnut Street Frontage Excpetion