HomeMy WebLinkAboutMARINO, JAMES P & PETER J i
Town of North Andover
ZONING BOARD OF APPEALS
.filbert P.Manzi III,Esq.CbairmanA , ' EIV D
Ellen P.McIntyre, Vice-Chairman f �ORTN q { _ r "
Richard f.Byers,Esq. Clerk
Joseph LaGrasse �
p � �
David R.'%ebster 1`
ssodate Members L i � I
Thomas D.Ippolito +� `s _ * a
R IA
Richard M.Vaillancourt '� �+�TEo�'r" �`' �
Daniel S.Braese,Esq. �sSACHu��� MA%3
Town Clerk Time Stamp
Any appeal shall be filed within Notice of Decision
(20)days after the date of filing Year 2008
of this notice in the office of the
Town Clerk,per Mass.Gen.L. ch
40A,§17 Property at: 51-53 Marblehead Street
NAME: James P.&Peter J.Marino HEARING(S): May 20,2008
ADDRESS: 51-53 Marblehead Street PETITION: 2008-005
North Andover,MA 01845 TYPING DATE: June 16,2008
The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 12OR Main
Street,North Andover,MA on Tuesday,May 20,2008 at 7:30 PM upon the application of James P. &Peter J.
Marino,5153 Marblehead Street(Map 8,Parcel 18),North Andover,MA requesting a Special Permit from
Section 4,Paragraph 4.122.14.0&D,Section 9,Paragraph 9.2,and Section 10,Paragraph 10.31 of the Zoning
Bylaw in order to extend the use of a pre-existinng,non-conforming structure by renovating the otic into a
proposed 3rd dwelling unit on a pre-existing,non-conforming lot. Said premise affected is property with frontage
on the West side of Marblehead Street within the R-4 zoning district. Legal notices were sent to all names on
the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of
North Andover,on April 28&May 5,2008.
The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Thomas D.Ippolito,and
Richard M.Vaillwc curt.
Upon a motion by Richard J.Byers and 2IId by.Richard M. Vaillaneourt,the Board voted to GRANT a Special
Permit from Section 4,Paragraph 4.122.14.0&D, Section 9,Paragraph 9.2,and Section 10,Paragraph 10.31 of
the Zoning Bylaw in order to allow the extension of use in a pre-existing,non-conforming two-family dwelling
unit by renovating the attic into a proposed 3rd dwelling unit on a pre-existing,non-conforming lot per:
Site: 51-53 Marblehead Street 8,Parcel 18),North Andover,MA 10845
Site Plan Title: Plan of Land in North Andover,MA.,prepared for owner/applicant,James P.
Marino,51-53 Marblehead Street,North Andover,MA
Date(&Revised Dates): Aril 22,2008
Registered Professional Stephen E. Stapinsid,R.L.S.,#29876,Merrimack Engineering Services,66
Land Surveyor: Park Street,Andover,Massachusetts 01810
Building Plan Title: Marino Renovation,client:Peter Marino,53 Marblehead St,North Andover,MA
By: Andover Renovation Solutions,Inc., 110 Winn Street,Woburn,Massachusetts
01801
Date: 7.20.06,7.28.06, 10.6.06
Sheet/Drawin : Second Floor Plan,Third Floor Plan
With the following conditions:
1. 51-53 Marblehead Street shall be sprinkled per North Andover Fire Department approval..
2. The applicant shall provide the third floor's 3'd dwelling unit final floor plans.
Page I of 2
1600 Osgood St.,Bldg.20,Suite 2-36,North Andover,Ma 0184/5 W—978.68"541/Fax—97&688-9542/Web—www.toxnofoitbandover.c=
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Town of North Andover
ZONING BOARD OF APPEALSIV;w Pi
A.Ibert P.Manzi III,Esq.Chairman
Ellen P.McIntyre,Vice-0 dmman poRTrt
Richard J.Byers,Esq.Clerk pE.1 ,,to 46 q,yb *(#rt; JL , 8:
� Joseph D.LaGrasse ,�, _ L 24
David R.Webster
F 71
Assoaiate Members
F
Thomas D.Ippolito '"o _ at i s' r
Richard M.Vaillancourt 'ls'°e,,*.o►.+`" i C�x I r
Daniel S.Braese,Esq. �sswCHU Town Clerk Time Stamp
Voting in favor. Ellen P.McIntyre,Richard J.Byers,Thomas D.Ippolito,and Richard M.Vaillancourt,
The Board finis that the applicant has satisfied the provisions of Section 4,Paragraph 4.122.14.0 Sc D,Section 9,
Paragraph 9.2,and Section 10,Paragraph 10.31 of the zoning bylaw and that the this Special Permit for a third
dwelling unit in the third floor attic of 51-53 Marblehead Street(Map 8,Parcel 18)may be granted. The Board
rinds that 51-53 Marblehead Street is an appropriate location for the conversion of an attic to a third dwelling unit.
The Residential (R4)zoning district allows second,third,fourth and fifth units with a Special Permit and
Marblehead Street has other three-family dwelling units and this use,as developed,will not adversely affect the
neighborhood. The Board find that there will be no nuisance or serious hazard to vehicles or pedestrians because
there is provision for eight(8)of-street parking spaces and adequate and appropriate facilities will be provided for
the proper operation of the proposed use since the existing structure is on Town water and sewer. The Board finds
that the renovation of the third floor attic into a third dwelling unit is in harmony with the,general purpose and
intent of this Bylaw and this extension of a pre-existing,non-conforming structure shall not be substantially more
detrimental than the existing structure to the neighborhood.
Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry
of deeds,Northern District at the applicant's expense. 2.The grunting 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 trust
abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building
permit as required by the Inspector of Buildings.
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 Special
Permit granted under the provisions contained herein shall be deemed to have lapsed atter 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.
14A eh
North Andover Zoning 11oard of A eats
Ellen P.McIntyre, Vice Chairman
Richard 7.Byers,Esq.,Cierk
Associate Metubers
Thomas D.Ippolito
Richard M.Vaidlancourt
Decision 2008-005.
MSPd 8.
Page 2 of 2
I
f
1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www1own0fhorthandover.com
Town Of North Andover Town Clerk Time Stamp
ZONING BOARD OF APPEALStD
Albert P.Manzi III,Esq.Chaimian
1 Ilen P.McIntyre, Fice-Chairman NORTH �
Richard J.Byers Esq.Clerk, V '�'O ��gg ggqq JUN
r ape {
Joseph D.LaGrassc Or a.ti ` .6 0 2093 J l 2 f [ H 1' 7
David R.Webster "A
Atsoeiate[Members IA-
Thomas D.Ippolito �1 .1 � a E
a_ i c s
Richard M.Vailtancourt Roo��CMeW ra`` e` i
Daniel S.Braese,Esq. �ACHU��i� �� _
TOWN OF NORTH ANDOVER—ZONING BOARD OF APPEALS
CERTIFICATION PURSUANT TO G.L.c.39,SECTION 23D OF PARTICIPATION
IN A SESSION OF AN ADJUDICATORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A
SINGLE HEARING SESSION
[Note: Can only be used for missing one single hearing session;cannot be used for missing more than one hearing
session.]
I, 4� to Mckq C game);hereby certify as follows:
1. I am a member of said board. (`
2. I missed a hearing session on . the matter of
m p Na
CA 7;� —s U-4, which was held on
3. I reviewed all the evidence introduced at the hearing session I missed, which included a review of(initial
which one(s)are applicable):
a. audio recording of the missed hearing session;
b. video recording of the missed hearing session;
C. a transcript of the missed hearing session.
This certification shall become apart of the record of the proceedings in the above matter.
Signed this /o �A day of I A I ,200 0-
I
Received as part of the record of the above matter:
Date:
By:
Posit'
a D
JUN 10 luuD
BOARD OF APPEALS
Town of North Andover
ZONING BOARD OF APPEALS r-'F-I V E D
,Ubert P.Manzi III,Esq. Chairman
Ellen P.McIntyre, Vice-Chairman f
NORTH
Richard J.Byers,Esq,Clerk :6•.6MOL 0
2008 APR 23 PH 25
Joseph D.LaGrasse
David R.Webster
Associate Members
Thomas D.IppolitotiORTH
Richard M.Vaillancourt
Daniel S.Braese,Esq. ACHUS
Town Clerk Time S"
Legal Notice
North Andover,Board of Appeals
Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public
hearing in the Senior Center, 120R Main Street,North Andover,MA on Tuesday the 2&
of May 2008 at 7:30 PM to all parties interested in the application of James P. & Peter J.
Marino, 51 Marblehead Street(Map 8,Parcel 18),North Andover,MA requesting a
Special Permit from Section 4,Paragraph 4.122.14.0&D, Section 9, Paragraph 9.2, and
Section 10,Paragraph 10.31 of the Zoning Bylaw in order to extend the use of a pre-
existing,non-conforming structure by renovating the attic into a proposed 3`d dwelling unit
on a pre-existing, non-conforming lot.
Said premise affected is property with frontage on the West side of Marblehead Street
within the R-4 zoning district.
Plans are available for review at the office of the Board of Appeals office, 1600 Osgood
Street, Building 20, Suite 2-36,North Andover, MA 01845 Monday through Friday during
the hours of 8:30AM to 4:30PM.
By order of the Board of Appeals
Albert P. Manzi, Hl, Chairman
Published in the Eagle-Tribune on April 28 &May 5,2008.
Legalnotice 2008-005.
M8Pl8.
1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com
o, n
i 11rt"'
TOWN OF NORTH ANDOVER SPECIAL
ZONING BOARD OF APPEALS PERNWPR 23 `
NAME r � arsra c> .
ADDRESS OF APPEAL 1.5-1 -
Procedure & Requirements for
an Application for a Special
f Permit -
Ten (10)copies of the following information must be STEP 6:SCHEDULING OF HEARING AND
submitted thirty W days prior to the first public hearing. PREPARATION OF LEGAL NOTICE:
Failure to submit the required information within the
timeThe Office of the Zoning Board of Appeals schedules
periods prem may n>sr,rlt in a dismissal by the.
Zoningthe applicant for a hearing date and prepares the legal
Board of an kation 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
f 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 attorney. 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 INTEREST: 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
a certified list of Parties in Interest(abutters). General Law ch.40A sec. 17,within twenty(20)days
after the decision is filed with the Town Clerk.
STEPS: SUBMIT APPLICATION:
Petitioner submits one(1)original and 10 Xerox copies STEP 10: RECORDING THE DECISION AND PLANS
of all the required information to the Town Cleric'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 Cleric's Essex County North Registry of Deeds, 384 Merrimack
Office, and the 10 Xerox copies will be left with the St., Lawrence MA 01843,and shall complete the
E Zoning Board of Appeals secretary. Certification of Recording form and forward it to the
Zoning Board of Appeals and the Building Department.
f
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. &Services Town Hall
1600 Osgood Street 120 Main Street
Building 20, Suite 2-36 North Andover, Massachusetts 01845
978-688-9542 fax for Community Development offices 978-688-9501 Town Clerk's Office
K 978-688-9545 Building Department 978-688-9566 Assessor's Office
978-688-9541 Zoning Board of Appeals Office
PAGE 1 of 4
PAGE 2 OF 4 Date&Time
Stamp
North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT {
a
PI®ase complete alt:itern41=10tiefannr.
1. Petitioner: *Name, *Address and telephone number:
_ -5-e-153 / 6 ,,6 e e� Lf/
ae2Hf- dam, MA e2iEX
*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: Imes I n a r,n 6
S
Years Owned Land: Yeea'-j
3. Location of Property:
a. Street: / 3 �rbfeh� �T Zoning District: R
b. Assessors: Map Number cod- Lot Number: /8 -
c. Registry of Deeds: Book Number Page.Number. a
4. Zoning Bylaw Section(s) under which the petition for the Special Permit is made.
/ate• %`f� �./�� /y- �/ ,�
*Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner.
5. Describe the Tecial Permit request:Gt C, - CL!'J 741 1Zt17Jrl�^ G�1,l1P�G/rr 7ZJ GL
un
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, section 9 of this application.
Page 3 of 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT
6A. Existing Lot(s): Minimum Lot setback
Lot Area Open Space Percent Lot Frontage Parking
Si A
Sq,Ft. Sq. Ft. , Covera a F Front Spades Side B Rear
6B. Proposed Lot(s): ,S arvff a-S cXbc
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
6C. Required Lot: (As required by Zoning Bylaws&Table 2))
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spies Front Side A Side B Rear
%
7A. Existing Building(s):
E Ground Floor Number of Total Use of Number
' Square feet Floors Sq.feet Building* of Units**
4�3
*Reference Uses from the Zoning Bylaws&Table 1.
**State number of units in building.
I 7B. Proposed Building(s):
Ground Floor Number of Total Use of
Number
Square feet Floors Sq.feet Building* of Units*"
C
*Reference Uses from the Zoning Bylaws&Table 1.
**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
ponsibility of the petitioner to furnish all supporting
application shall be filled with the Town Clerk's Office. It shall be the res
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. Failur to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may
result in a dismis al y the Zoning Bo i a plication as'ncomplete:
Signature
Type abov ame(s) hereYYi�s "/��
i
PAGE 4 OF 4 SPECIAL PERMIT
9. WRITTEN DOCUMENTATION 11t) One(1)Mylar,with one block for Registry Use
Application for a Special Permit must be supported by a Only, and one block for five(5)ZBA signatures and
legibly written or typed memorandum setting forth in date.
detail all facts retied upon. When requesting a Special IIn Plan shall be prepared,stamped and certified by
Permit from the requirements of MGLA ch. 40A, and the a Registered Professional Land Surveyor. Please
North Andover Zoning By-laws, all dimensional note that plans by a Registered Professional Engineer,
requirements shall be clearty identified and factually Registered Architect, and/or a Registered Landscape
supported. All points, 1-6, are required to be Architect may be required for Major Projects.
addressed with this application. *10 C. *Required Features On Pian:
1) Site Orientation shall include:
1.The particular use proposed for the land or structure. 1. north point
2.The specific site is an appropriate location for such 2. zoning district(s)
use, structure or condition. 3. names of streets
3.There will be no nuisance or serious hazard to 4. wetlands(if applicable)
vehicles or pedestrians. 5. abutters of property,within 3DOradius
4.Adequate and appropriate facilities will be provided 6. locations of buildings on adjacent properties
for the proper operation of the proposed use. within 50'from applicants proposed structure
S.The use is in harmony with the purpose and intent of t 7. deed restrictions, easements.
Zoning Bylaw. n Legend&Graphic Aids shall include:
6.Specific ref
erence and
response to the criteria 1. Proposed features in solid fines&outlined in red
required by the particular Special Permit for which 2. Existing features to be removed in dashed fines
this application is made(i.e.the Earth Removal 3. Graphic Scales
Special Permit has unique criteria and submittal 4. Date of Plan
requirements.). 5. Title of Plan
6. Names addresses and phone numbers of the
10. PLAN OF LAND applicant, owner of record,and land surveyor.
Each application to the Zoning Board of Appeals shall
7. Locus.
be accompanied by the following described plan. Plans 10 D. Minor Projects
must be submitted with this application to the Town
Clerk's Office and ZBA secretary at least thirty(30)days Minor projects,such as dada,sheds,and garages,
shall require on hthe plan i
nformation as r
ndicat
�with to the public hearing before the Zoning Board of
appeals. an. asterisks(1). In some cases further information may
y
be required
A set of building elevation plans by a Registered
Architect may be required when the application 11. APPLICATION FILING FEES
involves new construction/a conversion/and/or a A. Notification fees:Applicant shall provide a
proposed change in use. check or money order to:'Town of North Andover for
the cost of first class, certified,return receipt($5.21 as
10 A. Major Projects of May 2007)x#of all parties in interest identified in
MGLA ch.40A§11 on the abutter's list for the legal
Major projects_are those,which involve one of the notice check. Also,the appy shall supply first class
following whether existing or proposed; postage stamps(currently 41¢)x the#of parties of
1)five or more parking spaces,
interest on the abutter's list for the decision mailing.
n)three (3)or more dwelling units, B. Mailing labels:A shall vide four 4
PPI�t pro
HQ 2000 square feet of buildingarea. " ( )
sets of mailing labels no larger than 1x2-5/8 (3 copies
for the Legal mailing and one copy for the Decision
Major Projects shall require that in addition to the above mailing).
features, plans must show detailed utilities,soils, and C. See 2005 Revised Fee Schedule.
topographic information.
®® A Special Permit once granted by the ZBA will
*
10. B. Plan Specifications: lapse in 2(two)years if not exercised and a new
1) Size of plan: Ten (10) paper copies of a plan not petition must be submitted. ®®
to exceed 11"x1 T, preferred scale of 1"=40'
i
Zoning Bylaw Review Form
t �iORTy q
3?°t,;�•�;•.b�ooL Town Of North Andover
o Building Department
* 1600 Osgood Street, Building 20, Suite 2-36
�q North Andover, MA. 01845
�1°"^*•°'''��
SE Phone 978-688-9545 Fax 978-688-9542
SSACHU
Street: 51-53 Marblehead Street
Ma /Lot: 8/18
Applicant: James P. &Peter J. Marino
Request: Renovate attic to 3d dwelling unit
Date: 4/16/08
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning District: R-4
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient X 1 Frontage Insufficient X
2 Lot Area Preexisting X 2 Frontage Complies
3 1 Lot Area Complies 3 Preexisting frontage X
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 Permit Required X 3 Preexisting CBA X
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply 1 Height Exceeds Maximum
2 Front Insufficient X 2 Complies
3 Left Side Insufficient X 3 Preexisting Height X
4 Right Side Insufficient X 4 Insufficient Information
5 Rear Insufficient I Building Coverage
6 Preexisting setback(s) X 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting X
1 Not in Watershed X 4 Insufficient Information
2 In Watershed j Sign NA
3 Lot prior to 10/24/94 1 Sign not allowed
4 Zone to be Determined 2 Sign Complies
5 Insufficient Information 3 Insufficient Information
E Historic District K Parking
1 In District review required 1 More Parking Required
2 Not in district I X 1 2 1 Parking Complies X
3 1 Insufficient Information
Remedyfor the above is checked below.
Item# Special Permits Planning Board Item# Variance
Site Plan Review Special Permit Setback Variance
Access other than Frontage Special Permit Parking Variance
Frontage Exception Lot Special Permit Lot Area Variance
Common Driveway Special Permit Height Variance
Congregate Housing Special Permit Variance for Sign
Continuing Care Retirement Special Permit Special Permits Zoning Board
Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA
Large Estate Condo Special Permit Earth Removal Special Permit ZBA
Planned Development District Special Special Permit Use not Listed but Similar
Permit
Planned Residential Special Permit B-4 Special Permit for 3 J. Unit
R-6 Density Special Permit B-4 Special Permit Pre-existing, Non-
Conforming
Watershed Special Permit Supply Additional Information
The above review and attached explanation of such is based on the plans and information submitted. No definitive
review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the
applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading
information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to
be voided at the discretion of the Building Department.The attached document titled`Plan Review Narrative"shall be
attached hereto and incorporated herein by reference. The building department will retain all plans and documentation
for the above f .You must file a n b ildin emit application form and begin the permitting process.
Building Department OfficiallSignature Application Received Application Denied
Denial Sent: If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the building permit
for the property indicated on the reverse side:
ME
` ! RE
_
B-4 A Special Permit from the Zoning Board of Appeals is required for the
conversion of an existing 2-family dwelling unit structure to a proposed 3-
family dwelling unit structure per 4.122.14.0 of the Zoning Bylaw: "The
conversion of an existing dwelling to accommodate not more than five(5)
residential units,by special permit from the Zoning Board of Appeals in
accordance with Sections 10.31 and 4.122.14.1) of this Bylaw."
B-4 A Special Permit from 9.2 of the Zoning Bylaw is required for the change,
extension, or enlargement of a pre-existing, non-conforming structure is
required from the Zoning Board of Appeals in order to construct the proposed
addition.
I
i
Referred To:
Fire Health
Police X Zoning Board of Appeals
Conservation De artment of Public Works
Planning Historical Commission
Other BUILDING DEPT
ZoningBylawDenia12000
Town of North Andover
North Andover, MA 01845
To Whom It May Concern:
RE: Special Permit Written Documentation:
1. The particular use proposed for the land or structure:
We are requesting a special permit to add an additional living unit to a 2 family,using the
existing structure. The house was originally constructed as a two family with an
unfinished third level and the possibility of a conversion to a three family. The third level
was built with four dormers and windows and access to both front and rear staircases. No
additional structure will be extended to the existing building.
2. The specific site is an appropriate location for such use, structure or condition.
The house is located in an established multifamily neighborhood consisting of 2, 3, and
4+ family houses. We will not be creating any changes to the existing neighborhood.
3. There will be no nuisance or serious hazard to vehicles or pedestrians.
The land is set back from the street, away from vehicles and pedestrians. Proper care and
clean up of the site will take place daily. Any debris will be put into a dumpster in the
rear of the property, away from vehicles and pedestrians. Also, there is parking for 8
vehicles.
4. Adequate facilities will be provided for the proper operation of the proposed use.
Additional bathroom and kitchen facilities will be installed for the proposed use. Property
has all utilities in place.
5. The use is in harmony with the purpose and intent of the zoning by-law.
We are not changing or adding to the exterior of the house.Nothing will affect the
existing lot lines with our abutting neighbors. There is adequate parking in the rear of the
house to accommodate an additional living unit without having to use the street for
parking.
6. Specific reference and response to the criteria required by the particular special
permit for which this application is made.
The criteria for this special permit being requested for the completion of an additional
living unit in the existing structure is based upon our appeal of hardship caused by living
space/conditions. We purchased this house with the intention that the third floor could be
converted to another apartment for my sister. She is currently sharing the first floor with
me and needs her own apartment. This modification with her moving into the new unit
will not bring about any strain to the existing house or neighborhood. The monthly
expenses are such that we can not afford to lose the rent from the second floor apartment
to accommodate this. We like the neighborhood and would prefer to remain here. We
can not afford to sell and buy another house in this current market.
F
We originally began this project with a town permit for additional living space. After
consulting with an architect firm, using their drawings we reinforced the roof, studded the
structure, had rough plumbing and electrical wiring installed and intended to complete
the project but was told by the building inspector upon his inspection that we should
apply for a variance to make this into a separate apartment and change the dwelling from
a 2 to a 3 family house.
Sincerely,
James P. Marino
Peter J. Marino
i
Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( )
REQUIREMENT: MGL 40A,Section 11 states in part Tardes in Interest as used in this ch9pter snaa mean the petitioner,
abutters,owners of land directly oppositeon any public or private way,and abutters to abutters witiml
three hundred(300)feet or the property line of the petitioner as they appear on the most recent applicable _
tax list,not withstanding that(tie land of any such ower 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
8 18 James Marino 51 Marblehead Street North Andover,MA 01845
Abutters Properties
Map Parc t Name Address
8 7 Joseph Medolo 24 Marblehead Street North Andover,MA 01845
8 8 David Zappala 30 Marblehead Street North Andover,MA 01845
8 9 Mary Inzerilli 215 Salem Street Andover,MA 01810
8 10 Richard Melillo 38 Marblehead Street North Andover,MA 01845
8 11 Denise Culbert 42 Marblehead Street North Andover,MA 01845
8 12 Barbara King 46 Marblehead Street North Andover,MA 01845
8 13-0050 Harry Webster 50 Marblehead Street North Andover,MA 01845
8 13-0052 Bruce Siemering 52 Marblehead Street North Andover,MA 01845
8 14 Romaine Giarrusso 60 Marblehead Street North Andover,MA 01845
8 15 Robin Howard 59 Marblehead Street North Andover,MA 01845
8 16 D L Restivo 61 Standish Road HaverhiA,MA 01832
8 17 Paul Murphy 55 Marblehead Street North Andover,MA 01845
8 19 Janet Lees 47 Marblehead Street North Andover,MA 01845
8 20 Stephen Smith 43 Marblehead Street North Andover,MA 01845
8 21 James Gary 41 Marblehead Street North Andover,MA 01845
8 22 John Mcaloon 37 Marblehead Street North Andover,MA 01845
8 23 Thomas Lachance 31 Marblehead Street North Andover,MA 01845
8 24 Elliot Willard 27 Marblehead Street North Andover,MA 01845
8 25 Paul Medolo 25 Marblehead Street North Andover,MA 01845
8 37 Janet Lees 47 Marblehead Street North Andover,MA 01845
8 38 John Mattheson 50 Beverly Street North Andover,MA 01845
8 40 Nancy Melillo 38 Marblehead Street North Andover,MA 01845
8 41 Christopher Melillo 179A Lakewood Road Boxford,MA 01921
9 1 Arthur McCue 70 Marblehead Street North Andover,MA 01845
9 7 Janet Bandle 69 Union Street North Andover,MA 01845
9 27 Alexander Moody 65 Marblehead Street North Andover,MA 01845
9 28 John Mattheson 79 Marblehead Street North Andover,MA 01845
9 29 Warren Crossfield 93 Union Street North Andover,MA 01845
9 30 Frances Hayes 101 Union Street North Andover,MA 01845
9 32 Robert Huard 58 Beverly Street North Andover,MA 01845
9 33 Steven Derocher 56 Beverly Street North Andover,MA 01845
9 71 Daniel Bergstrom 71 Marblehead Street North Andover,MA 01845
9 74 Laurie Burzlaff 24 Baldwin Street North Andover,MA 01845
9 75 Russell Manning 68 Marblehead Street North Andover,MA 01845
9 78 Phaedra Caoette 87-89 Union Street North Andover,MA 01845
This certifies that the names appearing on the Date 4/18/2008
records of the Assessors Office as of Rige 1 of 1
�4rtuA,�,� /r d-orJ1?
Certified b : Date r d •o
ZONING DISTRICT: RESIDENTIAL-4
REQUIRED EXISTING NOTES :
R��TF
LOT AREA 12,000 S.F. 9 310 S.F. 1 . FOR PROPERTY LINES SEE BOOK #9969, PAGE 309 AND PLAN BEVERLY 49S
MAXIMUM HEIGHT 35 FT. 32 FT # #375 E LY ST.
STREET FRONTAGE 100 FT. RECORDED IN ESSEX NORTH DISTRICT REGISTRY OF DEEDS.
50 FT. FOR SITE REFERENCE SEE TOWN OF NORTH ANDOVER MAP #8 PARCEL #18
FRONT SETBACK 30 FT. 15.2 FT.
SIDE SETBACK 15 FT. SIDE A: 7.1 FT. 2. ZONE DISTRICT: R4 �' SITE
REAR SETBACK 30 FT.
SIDE 3: 14.8 FT. MARBLEHEAD ST.
114.2 FT.
PARKING 2 SP./DWELLING UNIT 3 SP. (GARAGE) o u
=3 UNITS X 2 SP.= 5 SP. (PROPOSED)
6 SP. o
8 SP. TOTAL z
00
N/F
JOHN MATTHESON JR.
AND N/F LOCUS FOR REGISTRY USE
WENDY FARRELLI JANET LEES N.T.S.
1 .3' 48,
t APPROVED BY THE TOWN OF NORTH
1 .2' ICONIC. BILK. ANDOVER ZONING BOARD OF APPEALS
GARAGE
13 SPACES
18.5'
N/F PROPOSED 9'X18' DATE
L—i �-
PAUL AND RUTH ;n I PARKING SPACE
MURPHY °' I z o z N
U w U
_ �
w m a LLr)
nDATE OF APPLICATION
2 STORY DATE
DATE OF HEARING
W.F.D. DATE
#57 1 DATE OF DECISION
DATE
3.7 #
I LOT #18
>
AREA=9,310 S.F.
-- =0.2137 AC. N/F
2' JANET LE--S "I HEREBY CERTIFY THAT THE PROPERTY LINES
SHOWN ON THIS PLAN ARE THE LINES DIVIDING
i N EXISTING OWNERSHIPS, AND THE LINES OF THE
DECK STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC
OR PRIVATE STREETS OR WAYS ALREADY
PORCH ESTABLISHED, AND THAT NO NEW LINES FOR
16.3' ABOVE 7.1 DIVISION OF EXISTING OWNERSHIP OR FOR NEW
WAYS ARE SHOWN AND THIS PLAN CONFORMS TO THE
RULES AND REGULATIONS OF THE REGISTRY OF DEEDS."
*} W co
2 1 /2 STORY .
14.8'
#51 -#53
4
2 STORY /22/08
W.F.D. 2 0.71 1 /2 STORY STEPHEN E. STAPINSKI, R. S. DATE
#57 I W.F.D.
16.3' 7.1 ' #49
13.9'
PORCH PLAN OF LAND
o NORTH ANDOVER, MA.
00 50' PREPARED FOR OWNER/APPLICANT
0
JAMES P. MARINO
51-53 MARBLEHEAD STREET
MARBLEHEAD STREET NORTH ANDOVER, MA
to
TEL. (978) 470-1008
m
co SCALE: 1 "=20' DATE: APRIL 22, 2008
1-1
Lo
20 0 20 40
3 SITE PLAN
1
MERRIMACK ENGINEERING SERVICES
} "=20' 66 PARK STREET
IIANDOVER, MASSACHUSETTS 01810