HomeMy WebLinkAboutRALLY, SPERO J TOWN OF NORTH ANDOVER VARIANCE `yr.
ZONING BOARD OF APPEALS
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Procedure & Requirements
For an Application for a Variance
Ten (10) copies of the following information must STEP 6: SCHEDULING OF HEARING AND
be submitted thirty 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
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
for publication in the newspaper. The petitioner is
incomplete. notified that the legal notice has been prepared and the
The information herein is an abstract of more speck cost of the Party in Interest fee.
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
are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE:
The petitioner picks up the legal notice from the Office
STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal
The petitioner applies for a Building Permit and receives notice to the local newspaper for publication.
a Permit Denial form completed by the Building
Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be
Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of
Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the
required in items 1 through and including 11 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 6: 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).
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IMPORTANT PHONE NUMBERS: = > �
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978-688-9541 Zoning Board of Appeals Office A ;:a CD
978-688-9501 Town Clerk's Office M a
978-688-9545 Building Department -
Page'2 of 4
Application for a VARIAN C E
Zoning Board of Appeals
1. Petitioner: Name, address and telephone number.
Spero J. Rally
46 MainStreet, North Andover, MA 01845 978-590-4757
*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:
Spero J. Rally
46 Main Street, North Andover, MA 978-590-4757
Years Owned Land: 1
3. Location of Property:
a. Street: 46 - 52 main. Street Zoning District GB
b. Assessors: Map number 29 Lot Number. 21
c. Registry of Deeds: Book Number 5794 Page Number: 263
4. Zoning Sections under which the petition for the Variance is made.
Section 8.1 Off Street Parking
*Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner
5. Describe the Variance request
Allow use of existing building with 14 parl4ng spaces in lieu of 21 required.
*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 may result in
a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve
additional items not included above.
6a, Difference from Zoning By-Law requirements: Indicate the 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. 15,896 NA 1.2 % 9.86 7 25, 4 18t .21'
B. quo
Values above are difference between value provided and value required for those values
that do not meet current requirements.
Page 3 of 4 Application for a VARIANCE
Zoning Board of Appeals
6. b. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back"
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
9104 36.2 % 115.14 14 0 32 7 4
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
9104 36.2 % 115.14 14 0 32 7 4
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
2.5.000 NA_ 35 % 125 21 25 25 25 25
7. a. Existing Buildings:
Ground Floor Number of Total . Use of
Square feet Floors Sq.feet Building`
3302 2 5586 First floor retail and service. Second floor 2 residential
dwelling units
'Reference Uses from the Zoning By-Law.State number of units in building,
b. Proposed Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq.feet Building* r
3302 2 5586 Same as existing
'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 tine oftial 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!! applicant from this responsibility. The petitioner shall be
responsible for all e)penses for filing and legal notification. Failure to comply withi requ1,o, cited herein and in the Zoning Board Rules and
Regulations may result in a dismissal by the Zoning Board of this application as
Sionature i
Type above name (s) here 1.. Spero J. Rally
PAGE 4 OF 4 VARIANCE
G
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 ail 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
6. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within
topography of such land or structures especially 50'from applicants proposed structure
affecting the property for which the variance is sought 7. deed restrictions, easements
which do not affect generally the zoning district in B. Legend&Graphic Aids:
which the property is located. 1. Proposed features in solid fines&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 recons, and designer or
will be desirable and without substantial detriment to surveyor.
the public good.
E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS:
may be given without nullifying or substantially Major Projects shall require that in addition to the above
derogating from the intent or purpose of the zoning features, plans must show detailed utilities,soils, and
bylaw. topographic information. A set of building elevation and
F. Submit RDA from Conservation Commission when interior of building plans shall be required when the
Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or
application. a proposed change in use. Elevation plans for minor
projects including decks, sheds,&garages shall be
10. Plan of Land included with a side view depicted on the plot plan,
Each application to the Zoning Board of Appeals shall be which includes a ground level elevation.
accompanied by the following described plan. Plans must 11. APPLICATION FILING FEES
be submitted with this application to the Town Cleric'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. certifiied_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)gree 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.
B. Plan Specifications:
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
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.
NEW ENGLAND ENGINEERING SERVICES
INC
300 FOOT ABUTTERS LIST
46-52 MAIN STREET,NORTH ANDOVER MA.
ASSESSORS MAP 29,LOT 21
MAP 29 LOT OWNER ADDRESS
1 855 REALTY TRUST 91 QUAIL RUN,NORTH ANDOVER,MA 01845
2&3 PHILLIP MILLER 16 SAUNDERS STREET NORTH ANDOVER,MA 01845
4 VASILIY MOLLA 4 RAND CIRCLE DANVERS,MA 01923
15 PLEASANT ST TRUST
JOHN J WILLIS,TR 807 TURNPIKE STREET NORTH ANDOVER,MA 01845
16 DOROTHY TAYLOR 29 SAUNDERS STREET NORTH ANDOVER,MA 01845
17 TOD WORKMAN 33 SAUNDERS STREET NORTH ANDOVER,MA 01845
18 ETHERAM VAKILIL 3219 PALM AIRE DRIVE ROCHESTER HILLS,MI 48309
19 ANTHONY MELILLO 15 GLEN AVE METHUEN,MA 01844
20 BRETON PROPERTIES,INC 405 JOHNSON STREET NORTH ANDOVER,MA 01845
22 JOSEPH MULVEY 1I SAUNDERS STREET NORTH ANDOVER,MA 01845.
23 TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER,MA 01845
39 RACK REALTY,LLC 91 HAMPSTEAD ST METHUEN,MA 01844
40 J&M REALTY TRUST
MATTHEW XENAKIS,TR 69 MAIN STREET NORTH ANDOVER,MA 01845
51 BEATRICE GRANDE 47 MAIN STREET NORTH ANDOVER,MA 01845
53 JOSEPH ABDUL NOUR
&JACQUELINE URSO 54 MAIN STREET NORTH ANDOVER,MA 01845
MAP 18 LOT
1 CARLSON REALTY TRUST
ROLF CARLSON,TR 12 BEACH PLUNsWAY HAMPTON,NH 03842
2 HANS CHRISTENSEN 8 MORTON STREET NORTH ANDOVER,MA 01845
3 EVCON REALTY TRUST
T.J O'REILLY,TR 1 CHERRY LANE GEORGETOWN,MA 01835
33 FREDERICK SPICER 20 HODGES STREET NORTH ANDOVER,MA 01845
N
34 PETER VOISINE 8 MORTON STREET NORTH ANDOVER,MA 01845 0
35 RAMSEY BAHRAWY 55 MAIN STREET NORTH ANDOVER,MA 01845 Q
MAP 17 LOT
12 CHRISTOPHER DOWNER 23 MAIN STREET NORTH ANDOVER,MA 01845
Z
E
23 SHARON TUTTLE 133 GREENE STREET NORTH ANDOVER,MA 01845 O
MAP 28 LOT
12,13,&14 SUTTON REDEVOPMENT,LLC 30 MAIN STREET NORTH ANDOVER,MA 01845 N
Q
15 CHRISTOPHER DOWNER 23 MAIN STREET NORTH ANDOVER,MA 01845
-p
16&17 CARLSON REALTY TRUST aS
ROLF CARLSON,TR 12 BEACH PLUM WAY HAMPTON,NH 03842
THIS CERTIFIES THAT ON 2/12/02,THE APPLICANT PREPARED THIS LIST OF NAMES AND ADDRESSES
OF PARTIES OF INTEREST FROM THE RECORDS OF THE ASSESSORS OFFICE
60 BEECHWOOD DRIVE-NORTH ANDOVER,MA 01845-(978)686-1768-(888)359-7645-FAX(978)685-1099
MEMORANDUM IN SUPPORT OF
SPECIAL PERMIT AND VARIANCE REQUESTS
46 - 52 MAIN STREET, NORTH ANDOVER
The building at 46—52 Main Street is an existing building that has been in existence in its
current configuration since at least December 1948.(see copy of recorded plan attached)
The building is currently occupied on the second floor by two residential units and
partially on the first floor by a hair salon. The vacant space on the first floor was formerly
occupied by a retail furniture store.
The owner of the furniture store owned the building and ceased operation of the store and
sold the premises to Spero Rally approximately one year ago. Mr. Rally would like to
rent the space that was the existing furniture store to A.and M. Appliance. A. and M.
Appliance is an existing business located up the street at 73 Main Street.
The existing building as configured has 14 on site parking spaces. The required number
of parking spaces for the existing and proposed uses totals 21. The building has frontage
on Main Street where 4 parking spaces are located directly in front of the building. The
proposed appliance store use has a very low parking demand. The typical business day
would include visits by a few customers,rarely with.more than one at a time. By moving
A and M to this location from its current location some congestion on Main Street will be
relieved. This building has an off street loading dock where appliances can be loaded into
and out of the building with the truck completely off street in lieu of the current situation
where loading is done in on street parking spaces or while the buck is double parked. The
retail business also will mesh well with the residential use as far as parking demand is
concerned. Since the demand for the residential parking is lowest during the day for the
residential units when the occupants are typically at work,off street parking spaces can
be used by the appliance store customers. The appliance store is typically closed in the
evening when the demand by the residents for parking is highest.
The proposed use is similar to what has occupied the building in the past and will have no
increased detrimental effect to the neighborhood. The building has been used for retail on
the first floor for many years.
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TOWN OF NORTH ANDOVER SPECIAL PERMIT
ZONING BOARD OF APPEALS
PROCEDURE
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 apELcation 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 attorney. 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: DECISION:
as required in items 1 through and including 11 shall be
completed, After the hearing, copy a co of the Board's decision will be
sent to all parties in interest. Any appeal of the Board's
Step 3: PLAN PREPARATION: decision may be made pursuant to Massachusetts
Petitioner submits all of the required plan information as General Laws ch. 40A sec. 17,within twenty(20)days
cited in item 10 page 4 of this form. after the decision is filed with the Town Cleric.
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 ZBA Secretary. The petitioner is responsible for recording certification of
The original will be stamped by the Town Clerk 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
copies will remain at the office of the Zoning Board of Massachusetts, and shall complete the Certification of
Appeals secretary. Recording form and forward it to the Zoning Board of
Appeals and the Building Department Office.
STEP 5: LIST OF PARTIES IN INTEREST:
Once the petitioner submits all of the required
information, the petitioner requests from the Assessors
Office a certified list of Parties in Interest(abutters).
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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 for a SPECIAL PERMIT
North ANDOVER ZONING BOARD OF APPEALS
1. Petitioner: Name, address and telephone number:
Spero J. Rally
46 Main Street, North Andover, MA 01845 978-590-4757
`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:
Spero J. Rally
46 Main Street, North Andover, MA 01845 978-590-4757
Years Owned Land: 1
3. Location of Property:
a. Street: 46-52 main Street Zoning District GB
b. Assessors: Map number 29 Lot Number: 21
c. Registry of Deeds: Book Number 5794 Page Number: 263
4. By-Law Sections under which the petition for the Special Permit is made.
Section 9.1 Existing non conforming use
"Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner.
5. Describe the Special Permit request: Y
To allow the continued use of an existing bulling and lot, both of which do not
comply with existing zoning laws. Building and lot have both existed since prior
to the adoption of the zoning bylaw. Building has been used for retail on the
first floor and 2 residential units on the second floor.
"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.
PAGE 2 OF 4 Date &Time
Stamp
Application for SPECIAL PERMIT
North ANDOVER ZONING BOARD OF APPEALS
HBO
1. Petitioner: Name, address and telephone number:
Spero J. Rally
46 Main Street, North Andover, MA 01845 978-590-4757
*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:
Spero J. Rally
46 Main Street, North Andover, MA 01845 978-590-4757
Years Owned Land:
3. Location of Property:
a. Street: 46-52 main Street Zoning District GB
b. Assessors: Map number 29 Lot Number: 21
c. Registry of Deeds: Book Number 5794 Page Number: 263
4. By-Law Sections under which the petition for the Special Permit is made.
Section 9.1 Existing non conforming use
*Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner.
5. Describe the Special Permit request: ,Y
To allow the continued use of an existing bulling and lot, both of which do not
comply with existing zoning laws. Building and lot have both existed since prior
to the adoption of the zoning bylaw.
*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.
Page 3 of 4
Application for a SPECIAL PERMIT
r
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
9104 36.2 % 115.4 14 0 32 7 4
%
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
ol��s 36.2 % 115.14 14 0 32 7 4
off,
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
25,000 NA 35 % 125 21 25 25 25 25
7. a. Existing Buildings:
Ground Floor Number of Total Use of Number
Square feet Floors Sq.feet Building* of Units
3302 2 5586 First floor retail and service 2
Second floor residential 2
*Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building.
B. Proposed Buildings:
Ground Floor Number of Total Use of Number
Square feet Floors Sq.feet Building* of Units
3302 2 5586 same as existing Z
*Reference Use Code numbers and Uses from the Zoning Ordinance. 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
furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk
or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be
responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited
herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application
as incomplete.
Signature
Type above name (s) here Spero J Rally
PAGE 4 OF 4 Application for a SPECIAL PERMIT
3
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
50'from applicants proposed structure
1. The particular use proposed for the land or 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
3. There will be no nuisance or serious hazard to 2. Existing features to be removed in dashed lines
vehicles or pedestrians. 3. Graphic Scales
4. Adequate and appropriate facilities will be provided for 4. Date of Plan
the proper operation of the proposed use. 5. Title of Plan
5. The use is in harmony withthe purpose and intent of 6. Names addresses and phone numbers of the
the zoning by-law. �
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
Board of A interior of building plans will be required when the
Each application to the Zoning Appeals shall be 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 Cleric's projects including decks,sheds,&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 secretary. Applicant is
c) 2000 square feet of building area. to supply stamps(appropriate current postage)for
Minor projects that are less than the above limits shall mailing of decisions to all parties of interest as
require only the plan information as indicated with
asterisks * to some cases further information may be identified in MGLA ch.40A in sec. 11 as listed on the
Y application. ZBA Secretary will compute number of
required. stamps.
B. Applicant is to supply one(1)set of addressed
10 B. Plan 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 V--40' C. Administrative fee of$50.00 per a plication.
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 anew petition
must be submitted.
NEW ENGLAND ENGINEERING SERVICES
INC
300 FOOT ABUTTERS LIST
46-52 MAIN STREET,NORTH ANDOVER MA.
ASSESSORS MAP 29,LOT 21
MAP 29 LOT OWNER ADDRESS
1 855 REALTY TRUST 91 QUAIL RUN,NORTH ANDOVER,MA 01845
2&3 PHILLIP MILLER 16 SAUNDERS STREET NORTH ANDOVER,MA 01845
4 VASILIY MOLLA 4 RAND CIRCLE DANVERS,MA 01923
15 PLEASANT ST TRUST
JOHN J WILLIS,TR 807 TURNPIKE STREET NORTH ANDOVER,MA 01845
16 DOROTHY TAYLOR 29 SAUNDERS STREET NORTH ANDOVER,MA 01845
17 TOD WORKMAN 33 SAUNDERS STREET NORTH ANDOVER,MA 01845
18 ETHERAM VAKILIL 3219 PALM AIRE DRIVE ROCHESTER HILLS,MI 48309
19 ANTHONY MELILLO 15 GLEN AVE METHUEN,MA 01844
20 BRETON PROPERTIES,INC 405 JOHNSON STREET NORTH ANDOVER,MA 01845
22 JOSEPH MULVEY 11 SAUNDERS STREET NORTH ANDOVER,MA 01845.
23 TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER,MA 01845
39 RACK REALTY,LLC 91 HAMPSTEAD ST METHUEN,MA 01844
40 J&M REALTY TRUST
MATTHEW XENAKIS,TR 69 MAIN STREET NORTH ANDOVER,MA 01845
51 BEATRICE GRANDE 47 MAIN STREET NORTH ANDOVER,MA 01845
53 JOSEPH ABDUL NOUR
&JACQUELINE URSO 54 MAIN STREET NORTH ANDOVER,MA 01845
MAP 18 LOT
1 CARLSON REALTY TRUST
ROLF CARLSON,TR 12 BEACH PLUMWAY HAMPTON,NH 03842
2 HANS CHRISTENSEN 8 MORTON STREET NORTH ANDOVER,MA 01845
3 EVCON REALTY TRUST d�
T.J O'REILLY,TR 1 CHERRY LANE GEORGETOWN,MA 01835
33 FREDERICK SPICER 20 HODGES STREET NORTH ANDOVER,MA 01845
r
34 PETER VOISINE 8 MORTON STREET NORTH ANDOVER,MA 01845 e,
rf] c
35 RAMSEY BAHRAWY 55 MAIN STREET NORTH ANDOVER,MA 01845 Q
MAP 17 LOT
12 CHRISTOPHER DOWNER 23 MAIN STREET NORTH ANDOVER,MA 01845 z
23 SHARON TUTTLE 133 GREENE STREET NORTH ANDOVER,MA 01845 0
MAP 28 LOT
12,13,&14 SUTTON REDEVOPMENT,LLC 30 MAIN STREET NORTH ANDOVER,MA 01845 N
Q
15 CHRISTOPHER DOWNER 23 MAIN STREET NORTH ANDOVER,MA 01845
'2-
16&17 CARLSON REALTY TRUST ca
ROLF CARLSON,TR 12 BEACH PLUM WAY HAMPTON,NH 03842
THIS CERTIFIES THAT ON 2/12/02,THE APPLICANT PREPARED THIS LIST OF NAMES AND ADDRESSES
OF PARTIES OF INTEREST FROM THE RECORDS OF THE ASSESSORS OFFICE
60 BEECHWOOD DRIVE-NORTH ANDOVER,MA 01845-(978)686-1768-(888)359-7645-FAX(978)685-1099
MEMORANDUM IN SUPPORT OF
SPECIAL PERMIT AND VARIANCE REQUESTS
46 - 52 MAIN STREET, NORTH ANDOVER
The building at 46—52 Main Street is an existing building that has been in existence in its
current configuration since at least December 1948.(see copy of recorded plan attached)
The building is currently occupied on the second floor by two residential units and
partially on the first floor by a hair salon. The vacant space on the first floor was formerly
occupied by a retail furniture store.
The owner of the furniture store owned the building and ceased operation of the store and
sold the premises to Spero Rally approximately one year ago. Mr. Rally would like to
rent the space that was the existing furniture store to A. and M. Appliance. A. and M.
Appliance is an existing business located up the street at 73 Main Street.
The existing building as configured has 14 on site parking spaces. The required number
of parking spaces for the existing and proposed uses totals 21. The building has frontage
on Main Street where 4 parking spaces are located directly in front of the building. The
proposed appliance store use has a very low parking demand. The typical business day
would include visits by a few customers,rarely with more than one at a time. By moving
A and M to this location from its current location some congestion on Main Street will be
relieved. This building has an off street loading dock where appliances can be loaded into
and out of the building with the truck completely off street in lieu of the current situation
where loading is done in on street parking spaces or while the truck is double parked. The
retail business also will mesh well with the residential use as far as parking demand is
concerned. Since the demand for the residential parking is lowest during the day for the
residential units when the occupants are typically at work, off street parking spaces can
be used by the appliance store customers. The appliance store is typically closed in the
evening when the demand by the residents for parking is highest.
The proposed use is similar to what has occupied the building in the past and will have no
increased detrimental effect to the neighborhood. The building has been used for retail on
the first floor for many years.
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TOWN OF NORTH ANDOVER VARIANCE `
ZONING BOARD OF APPEALS iWe
Procedure & Requirements
For an Application for a Variance
Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND
be submitted thirty 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
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
for publication in the newspaper. The petitioner is
incomplete. notified that the legal notice has been prepared and the
The information herein is an abstract of more specific cost of the Party in Interest fee.
requirements listed in the Zoning Board Rules and
Regulations and is not meant to supersede them. Items that STEP 7• DELIVERY OF LEGAL NOTICE TO
are underlined will be completed by the Town. NEINSPAPER/PARTY IN INTEREST FEE:
The petitioner picks up the legal notice from the Office
STEP 1:ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal
The petitioner applies for a Building Permit and receives notice to the local newspaper for publication.
a Permit Denial form completed by the Building
Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf,or be
Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of
Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the.
required in items 1 through and including 11 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 Cleric 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: } C
C)
978-688-9541 Zoning Board of Appeal r a [ >
- n:::j
978-688-9501 Town Clerk's Officer, ,r- ><-
978-688-9545 BuildingDepartment "< C:)
p 1 ts. �02 C
SEALS
r ' W
Page 2 of 4
Application for a VARIANCE
Zoning Board of Appeals
1. Petitioner: Name, address and telephone number:
Spero J. Rally
46 Main Street North Andover, MA 01845 978-590-4757
*The petitioner shall be entered on the legal twice and the decision as entered above.
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
Spero J. Rally
46 Main Street, North Andover, MA 978-590-4757
Years Owned Land: 1
3. Location of Property:
a. Street: 46 - 52 main Street Zoning District GB
b. Assessors: Map number _.a Lot Number: 21
c. Registry of Deeds: Book Number 5794 Page Number: 263
4. Zoning Sections under which the petition for the Variance is made.
Section 8.1 Off Street Parking
*Refer to the Permit Denial and Zoning By4.aw Phan Review as supplied by the BuiMV Commissioner
5. Describe the Variance request
Allow use of existing building with 14 parking spaces in lieu of 21 required.
*The above description shall be used for the purpose of the k1ai 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 may result in
a decision that does not address the Intent of the applkant. The decision will be limited to the request by the applicant and will not involve
additional items not included above.
6a, Difference from Zoning By-Law requirements: Indicate the 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. 15,896 NA 1.2 9i 9.86 7 25, 1811- 31'
B. %
Values above are difference between value provided and value required for those values
that do not meet current requirements.
Page 3 of 4 Application for a VARIANCE
Zoning Board of Appeals
6. b. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back"
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
9104 36.2 % 115.14 14 0 32 7 4
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
9104 36.2 % 115.14 14 0 32 7 4
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
.000TSA_ 35 % 125 21 25 25 25 25
7. a. Existing Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq.feet Building*
3302 2 5586 First floor retail and service. Second floor 2 residential
dwelling units
'Reference Uses from fits Zoning By-Law.State number of units in building.
b. Proposed Buildings:
Ground Floor . Number of Total Use of
Square feet Floors Sq.feet .Building*
3302 2 5586 Same as existing
*Reference Uses from the Zoning By-Law.State number of units in building.
8. Petitioner and Landowner signature (s):
Every application for a Variance shah be made on this form which is the official form of the Zoning Board of Appeals. Every application shah be filed with
the Town Clerks Office. it shall be the of the
n��Y Pacer to famish all supporting documentation this
application received by the Town Clerk or the Zoning Board of does not w application.T The dated copy of this
APPS applicant from this responsibility. The petitioner shah be
responsible for all expenses for filing and legal notifmation. Faunae to comply with cited herein and in the Zoning Board Rules and
Regulates may result in a dismissal by the Zoning Board of tills application as'
Signature
Type above name (s) here t. Spero J. Rally
PAGE 4 OF 4 VARIANCE
9.
WRITTEN DOCUMENTATION
Application for a variance must be supported by a legibly written or
typed memorandum setting forth in detail all facts relied upon. When
requesting a variance from the requirements of MGLA ch.40A,Sec. 10 C. FEATURES TO BE INDICATED ON PLAN:
10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include:
shall be clearly identified and factually supported and addressing 1. North point
each of the following points individually is required with this 2. zoning district(s)
application. 3. names of streets
4. wetlands to be shown on plan (if applicable)
A. The particular use proposed for the land or structure. 5. abutters of property,within 300 foot radius
B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within
topography of such land or structures especially 50'from applicants proposed structure
affecting the property for which the variance is sought 7. deed restrictions, easements
which do not affect generally the zoning district in B. Legend&Graphic Aids:
which the property is located. 1. Proposed features in solid lines&outlined in red
C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines
financial or otherwise,which results from literal 3. Graphic Scales
enforcement of the applicable zoning restrictions with 4. Date of Plan
respect to the land or building for which the variance 5. Title of Plan
is sought. 6. Names/addresses/phone numbers of the
D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or
will be desirable and without substantial detriment to surveyor.
the public good.
E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS:
may be given without nullifying or substantially Major Projects shall require that in addition to the above
derogating from the intent or purpose of the zoning features, plans must show detailed utilities,soils, and
bylaw. topographic information. A set of building elevation and
F. Submit RDA from Conservation Commission when interior of building plans shall be required when the
Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or
application. a proposed change in use. Elevation plans for minor
projects including decks,sheds,&garages shall be
10. Plan of Land included with a side view depicted on the plot plan,
Each application to the Zoning Board of Appeals shall be which includes a ground level elevation.
accompanied by the following described plan. Plans must
be submitted with this application to the Town Clerk's 11. APPLICATION FILING FEES
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 pian 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.
0B. Plan Specifications:
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
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 j be submitted.
signatures and date indicated on mylar.
NEW ENGLAND ENGINEERING SERVICES
INC
300 FOOT ABUTTERS LIST
46-52 MAIN STREET,NORTH ANDOVER MA.
ASSESSORS MAP 29,LOT 21
MAP 29 LOT OWNER ADDRESS
1 855 REALTY TRUST 91 QUAIL RUN,NORTH ANDOVER,MA 01845
2&3 PHILLIP MILLER 16 SAUNDERS STREET NORTH ANDOVER,MA 01845
4 VASILIY MOLLA 4 RAND CIRCLE DANVERS,MA 01923
15 PLEASANT ST TRUST
JOHN J WILLIS,TR 807 TURNPIKE STREET NORTH ANDOVER,MA 01845
16 DOROTHY TAYLOR 29 SAUNDERS STREET NORTH ANDOVER,MA 01845
17 TOD WORKMAN 33 SAUNDERS STREET NORTH ANDOVER,MA 01845
18 ETHERAM VAKILIL 3219 PALM AIRE DRIVE ROCHESTER HILLS,MI 48309
19 ANTHONY MELILLO 15 GLEN AVE METHUEN,MA 01844
20 BRETON PROPERTIES,INC 405 JOHNSON STREET NORTH ANDOVER,MA 01845
22 JOSEPH MULVEY 11 SAUNDERS STREET NORTH ANDOVER,MA 01845.
23 TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER,MA 01845
39 RACK REALTY,LLC 91 HAMPSTEAD ST METHUEN,MA 01844
40 J&M REALTY TRUST
MATTHEW XENAKIS,TR 69 MAIN STREET NORTH ANDOVER,MA 01845
51- BEATRICE GRANDE 47 MAIN STREET NORTH ANDOVER,MA 01845
53 JOSEPH ABDUL NOUR
&JACQUELINE URSO 54 MAIN STREET NORTH ANDOVER,MA 01845
MAP 18 LOT
1 CARLSON REALTY TRUST
ROLF CARLSON,TR 12 BEACH PLUMWAY HAMPTON,NH 03842
2 HANS CHRISTENSEN 8 MORTON STREET NORTH ANDOVER,MA 01845
3 EVCON REALTY TRUST
T.J O'REILLY,TR 1 CHERRY LANE GEORGETOWN,MA 01835
33 FREDERICK SPICER 20 HODGES STREET NORTH ANDOVER,MA 01845
34 PETER VOISINE 8 MORTON STREET NORTH ANDOVER,MA 01845
35 RAMSEY BAHRAWY 55 MAIN STREET NORTH ANDOVER,MA 01845 Q
MAP 17 LOT
12 CHRISTOPHER DOWNER 23 MAIN STREET NORTH ANDOVER,MA 01845 Z
L
23 SHARON TUTTLE 133 GREENE STREET NORTH ANDOVER,MA 01845 O
MAP 28 LOT
12,13,&14 SUTTON REDEVOPMENT,LLC 30 MAIN STREET NORTH ANDOVER,MA 01845 N
Q-
15 CHRISTOPHER DOWNER 23 MAIN STREET NORTH ANDOVER,MA 01845
2 L
16&17 CARLSON REALTY TRUST cc
ROLF CARLSON,TR 12 BEACH PLUM WAY HAMPTON,NH 03842
THIS CERTIFIES THAT ON 2/12/02,THE APPLICANT PREPARED THIS LIST OF NAMES AND ADDRESSES
OF PARTIES OF INTEREST FROM THE RECORDS OF THE ASSESSORS OFFICE
60 BEECHWOOD DRIVE-NORTH ANDOVER,MA 01845-(978)686-1768-(888)359-7645-FAX(978)685-1099