Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Miscellaneous - 80 UNION STREET
Town of North Andover ZONING BOARD OF APPEALS - 1lbert P_�I.mzt III,I_+d :Fifn;<71, Filen 1'. A1(-l11ri're. 1!4 r,u;rv,rr Itich.xr<1 �. I�vt rs,Iisq.<:rrh, f IAORT►f (t tch a d 1J, Vatllnncorn t o t oa 1'eniberr l'll orui. l), Ippolito v tkanul S. Braese,Vsq. CNU`� Town Glen.I'nne 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 Pro at: 78-80 Union Street NAME: Paul Dubois,75 Meadow Lane HEARING(S): August 12,2008 ADDRESS: for premises at: 78-80 Union Street PETITION: 2008-009 North Andover,MA 01845 TYPING DATE: August 15,2007 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, August 12,2008 at 7:30 PM upon the application of Paul Dubois,75 Meadow Lane,for premises at: 78-80 Union Street(Map 9,Parcel 39),North Andover,MA requesting a Special Permit from Section 4,Paragraphs 4.122.14.0&4.122.14.1), 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 South side of Union 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 July 28&August 4,2008. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P. Manzi,III,and Thomas D. Ippolito, Upon a motion by Ellen P.McIntyre and 2'd by Richard J.Byers,the Board voted to GRANT a Special Permit from Section 4,Paragraphs 4.122.14.0&4.122.14.1),Section 9,Paragraph 9.2,and Section 10,Paragraph 10.31of 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. Special Permit from Section 4,Paragraphs 4.122.14.0&4.122.14.1), 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 per: Site: 78-80 Union Street(Map 9,Parcel 39),North Andover,MA 10845 Site Plan Title: Board of Appeals Plan,78180 Union Street,North Andover,Massachusetts, Assessors Map 9 Parcel 39,prepared for Paul and Robin Dubois, 57 Second Street,North Andover,Massachusetts Date(&Revised Dates): Aril 5,2007,Revised Aril 9,2007,April 11,2007 Registered Professional David Alves,#45454,New England Engineering Services, Inc., 1600 Osgood Land Surveyor: Street,Building 20, Suite 2-64,North Andover,MA 01845 Sheet/Drawing: Sheet 1 of 1 Building Plan Title: Project/owner: Paul Dubois, 79-80 Union Street,North Andover, MA By: Gregory P. Smith,#8688,Registered Architect,GSD Associates,LLC, 148 Main St.Bldg. A,North Andover,MA 01845 Date: 05-06-2008 Sheet/Drawing: Floor Plans A 1.1&Elevations A 1.2 Page 1 of 2 This is to certify that twenty(20)days have elapsed from dilate ofd ' ion,filed L 1� )0 Osgood St,BIdg 20-Suite 2-36,North AIMK h!t 9t4� a peal.! I'hc:zh, y I,_rR�-954I Fax-978-688-9s42 Web-www.to»noaw Town Clerk Town of North Andover ZONING BOARD OF APPEALS \1bert R Nlall7i 111,I%sq. C'hW%r,t;,W 1,11en P Mcffityre, f 'i,,e(,Ywmwpi Richard 1, Byers,Esq. ORTft ti josepti 1). LaGrasse 0 Rich lrd M. Vailbilcourt 0 I u",ya!,,.l fE,ml)ers 111ollias 1). Ippolito 4VL s. 41 1111liel S. Braese,F'sq, 4 '"Atfv- S CHU Town Clerk Time Stamp Voting in favor: Ellen P. McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert F Manzi,III,and Thomas D. Ippolito. The Board finds that the applicant has satisfied the provisions of Section 4,Paragraph 4,122.14.0&D,Section 9, Paragraph 9.2,and Section 10,Paragraph 10.31 of the zoning bylaw and that the granting of this Special Permit for a third dwelling unit in the third floor attic of 78-80 Union Street(Map 9,Parcel 39)may be granted. The Board finds that 78-80 Union Street is an appropriate location for the conversion of an attic to a third dwelling unit. The Residential 4(R4)zoning district allows second,third,fourth and fifth units with a Special Permit and Union Street has other three-family dwelling units and this use,as developed,will not adversely affect the neighborhood. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians because there is provision for six (6)off-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 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 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 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. NoAndover byrng T9&d of—Appeis— AYArt P.Manzi,III,Esq,Chairman Eften P.McIntyre, Vice Chairman Richard J.Byers,Esq.,Clerk Joseph D. LaGrasse Associate Member Thomas D.Ippolito Decision 2008-009. M9P39, I t-")0 Osgood St-Bldg 20-Suite 2-36, North Andover,MA 01845 1 11one- 97N,-688-9541 Fax-979-688-9542 Web-xNnvAk,.toxNnofnorthandover.conI Town of North Andover ZONING BOARD OF APPEALS F"I'-C'VED Albert P.Manzi 111,Esq. Cbaiirian Ellen P.McIntyre,Via-06dm)an NORTH0 Richard J.Byers,Esq,Gerk- J G 8 SEP 12 PN 2: J -t - %. li joseph D.LaGrasse o Richard M.Vaillancourt 0 I- 'A Assxiate Members "I 111 `Thomas D.Ippolito T 1C Daniel S.Braese,Esq. T*D V& .a, CHU 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. 0AJ17 Property at: 7840 Union Street NAME: Paul Dubois,75 Meadow Lane HEARING(S): August 12,2008 ADDRESS: for premises at: 79-80 Union Street PETITION: 2008-009 North Andover,MA 01845 TYPING DATE: August 15,2007 The North Andover Board of Appeals held a public heating at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,August 12,2008 at 7:30 PM upon the application of Paul Dubois,75 Meadow Lane,for premises at: 78-80 Union Street(Map 9,Parcel 39),North Andover,MA requesting a Special Permit from Section 4,Paragraphs 4.122.14.0&4.122.14.1),Section 9,Paragraph 9.2,and Section 10, Paragraph 10.31 of the Zoning Bylaw in order to extend the use of a pm-cjdsft non-wnforming structure by renovating the attic into a proposed 3d dwelling unit on a pre-existing,non-conforming lot. Said premise affected is property with frontage on the South side of Union Street within the R-4 zoning district. Legal notices were sew 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 July 28&August 4,2008. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P. Manzi,III,and Thomas D.Ippolito. Upon a motion by Ellen P.McIntyre and 2 'by Richard J.Byers,the Board voted to GRANT a Special Permit from Section 4,Paragraphs 4.122.14.0&4.122.14.D,Section 9,Paragraph 9.2,and Section 10,Paragraph 10-31of the Zoning Bylaw in order to extend the use of a pn>-existing,non-conforming structure by renovating the attic into a proposed 3d dwelling unit on a pre-existing,non-conforming lot.Special Permit from Section 4,Paragraphs 4.122.14.0&4.122.14.1),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 Yd dwelling unit on a pre-existing,non-conforming lot per Site: 78-80 Union Street VAap 9,Parcel 39),North Andover,MA 10845 Site Plan Title: Board of Appeals Plan,78/80 Union Street,North Andover,Massachusetts, Assessors Map 9 Parcel 39,prepared for Paul and Robin Dubois,57 Second Street,North Andover,Massachusetts Date(&Revised Dates): April 5,2007,Revised April 9,2007,April 11,2007 Registered Professional David Alves,#45454,New England Engineering Services,Inc.,1600 Osgood Land Surveyor: Street,Building 20,Suite 2-64,North Andover,MA 01945 Sheet/Drawing: Sheet 1 of I Building Plan Title: Projectlowner.Paul Dubois,79-80 Union Street,North Andover, MA By: Gregory P. Smith,#8688,Registered Architect,G91)Associates,LLC, 148 Main St Bldg A,North Andover,MA 01845 Date: 05-06-2008 Sheet/DEnj!%: I Floor Plans A 1.1&Elevations A 1.2 Page I of 2 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-wwwtownoffiorthandover-com Town of North Andover ZONING BOARD OF APPEALS Albert R Manzi UI,Esq, (11)aimlan Ellen R Mclutyre,Ilice-Chainvan %40RTN Richard J.Byexs,Esq.Gerk. Joseph D.LaGrasse Richard M.Vaillancourt Associate,Wembers 41 Thomas D.Ippolitc, q. Daniel S.Braese,Esq. rap �ss�ICHUS Town Clerk Time Stamp Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and Thomas D. ippolito. The Board finds that the applicant has Satisfied the Provisions of Section 4,Paragraph 4.122.14.C&A Section 9, Paragraph 9.2,and Section 10,Paragraph 10.31 of the zoning bylaw and that the granting of this Special Permit for a third dwelling unit in the third floor attic of 78-80 Union Street(Map 9,Parcel 39)may be granted The Board finds that 78-80 Union Street is an appropriate location for the conversion of an attic to a third dwelling unit The Residential 4(R-4)zoning district allows second,third,fourth and fifth units with a Special Permit and Union Street has other three-family dwelling units and this use,as developed,will not adversely affect the neighborhood. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrian because there is provision for six (6)off-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 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 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 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. No Andover ZbAg T�&d of Appeds Ajb6ft P.Manzi,K ,h Esc(, .airman Lqlen P.McIntyre, Vice Chairman Richard J.Byers,Esq.,Clerk Joseph D.LaGrasse Associate Member Thomas D.Ippolito Decision 2008-W9. M9P39. 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Plimie-978-688-9541 Fax-978-688-9542 Web-www.to)4mofuorflmdover.com Town of North Andover ZONING BOARD OF APPEAL b�l-W E ,A Bert:P.Manzi IN,Esq Cbairviasz > f Ellen P.McIntyre,Vire-Chairman Richard 1,Byers,Esq,Clerk � NORTM� o Joseph D.LaGrasse3r;• eo SOL G3JUL 4 l : 0 David R,Webster F p Assrociite tlfembers Thomas D,IPP olito ,.';� .•" �` t t Richard M.Vallancourt Daniel S.Braese Esq. 9ss/1CHUgfawn Clerk Time Stam > 9 P 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 Meeting Room of Town Hall, 120 Main Street,North Andover, MA on Tuesday the 12th of August, 2008 at 7:30 PM to all parties interested in the application of Paul Dubois 75 Meadow Lane for premises at: 78-80 Union Street(Map 9,Parcel 39), North Andover, MA requesting a Special Permit from Section 4, Paragraphs 4.122.14.0& 4.122.14.1), 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 South side of Union 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, III, Chairman Published in the Eagle-Tribune on July 28 & August 4, 2008. Legalnotice 2008-009. M9P39. 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnordmdover.com r l jt.0 r �..i_C..ili s .,r v: • . , � Ct MO�iN 2608 JUL 24 F11 TOWN OF NORTH ANDOVER p aAG1Us f {-'^Ss ZONING BOARD OF APPEALS PERNUr, NAME AL' / 6arS , ADDRESS OF APPEAL '? �' �� � d ..s'i� ��Town �rw*Stam Procedure & Requirements for an Application for a Special Permit - Ten(10) copies of the fiollowing information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty(3 days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning time periods prescribed may result in a dismissal by the Board of Appeals schedules ZoningBoard of an application as incomplete. the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest(abutters) and I 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 delWers.the legal Building Commissioner. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petitionthe 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 fist of Parties in Interest(abutters). General Law ch.40A see. 17,within twenty (20)days after the decision is filed with the Town Cleric. STEP 5: 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 Clerk's Office The petitioner is responsible for recording certification of to be certified by the Town Cleric with the time and date the decision, Mylar,and any accompanying plants at the of filing. The original will be left at the Town Clerk'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 Zoning Board of Appeals secretary. Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. 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 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 i Please complete aif'itemsl-1;�1a below.': 1. Petitioner: *Name, *Address and telephone number. Petitioner: Z1,20 8 � 7s Le, a o � *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: Years Owned Land: 3. Location of Property: a. Street: 90 O -5tree Zoning District: ho b. Assessors: ap Number Lot Number: c. Registry of Deeds: Book Number D Page.Number: 4. Zoning Bylaw Sections under which the petitio for the Special Permit is made. C�Cr�O�l (� 1 ,�► y i� N l D ' 3 *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit req est: e C e-� tc G' /S L o t 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. N t Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PER MITi 6A. Existing Lot(s): Minimum Lot Setback Lot Area Open Space Percent Lot Frontage Parking Ft.� Sq. F . Cov FSpaces Fr Side A Sid/f;B Rear E { 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback S ..�Ft..-7 S C vfr e �Feet �p Spa� Fr S� Si,e B ear S-A 5 rL °k 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback I F S . Ft. Sq. F C v r D4o (� Spaces Front Side A Side B Rear �Z © e 4 % to �CJ.0 0 � • 0 C'1 E i 7A. Existing Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units*" a r —33 �"`J *Reference Uses from the Zoning Bylaws&Table 1. "State number of units in building. 7B. Proposed Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units �2 _ 3 33._3.1. 0 �- *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 application shall be filled 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 alica*0wrjequirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning o f his ppl' tiion as incomplete. Signature Type above name(s) here PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION II) 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 relied upon. When requesting a Special M Plan shall be prepares, 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 clearly 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 Plan: 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 300'radius 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. In Legend&Graphic Aids shall include: S.Specific reference and response to the criteria 1. Proposed features in solid lines&outlined in red required by the particular Special Permit for which 2. Existing features to be removed in dashed lines 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 A 7. Locus. be accompanied Appeals shah must be submitted with thisapplication to the Towllowing described plan. PlansTown10 D. Mirror Projects Cler'k's Office and ZBA secretary at(east thirty(30)days Minor Projects,such as decks,sheds,and garages, prior to the public hearing before the Zoning Board of shatl require only the plan information as indicated with appeals. an. asterisks("). In some cases further information may 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 Ma' MGLA ch.40A§11 on the abutter's fist for the legal I Jm ProJ are those,which involve one of the notice check- Also,the applicant shall supply first class a following whether existing or proposed: postage stamps(currently 41¢)x the#of parties of 1j five more parking spaces, interest on the abutter's list for the decision mailing. i1I)threea(3)or more dwelling units, B. Mailing labels:Applicant shall provide four(4) HQ 2000 square feet of building area. sets of mailing labels no larger than 1"x2-5/8'(3 copies for the Legal mailing and one copy for the Decision ' Major Projects shall require that in addition to the above mailing). features, pians must show detailed utilities, soils, and C. See 2005 Revised Fee Schedule. topographic information. ®[D A Special Permit once granted by the ZBA will =10. B.*Plan Specifications: lapse in 2(two)years if not exercised and a new I) Size of plan: Ten (10)paper copies of a plan not petition must be submitted. ®® to exceed 11"x1 T, preferred scale of 1 11=40' N°R7N Zoning Bylaw Review Form Town Of North Andover p Building Department 1600 Osgood Street, Building 20, Suite 2-36 71 t° North Andover MA. 01845 1SS1CHus Phone 978-688-9545 Fax 978-688-9542 Street: 78-80 Union Street Map/Lot: 9139 Applicant: Paul and Robin Dubois Request: Add 3d-welling unit to existing 2-family, 3 story building Date: 6-2-08 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 2 Lot Area Preexisting X 2 Frontage Complies X 3 1 Lot Area Complies 3 1 Preexisting frontage X 4 1 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 1 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 X 2 Front Insufficient X 2 Complies 3 1 Left Side Insufficient 3 Preexisting Height X 4 Right Side Insufficient X 4 Insufficient Information 5 Rear Insufficient X I Building Coverage 6 Preexisting setback(s) X 1 I Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D 1 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 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 1 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 1 2 Parking Complies X 3 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 3NL'Unit R-f Density Special Permit B-4 Special Permit Pre-existing, Non- 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: a WMAMW _ k s e; t 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 allow the proposed conversion of an attic in a 2-family dwelling to a 3rd dwelling unit.. Note: The proposed 3rd dwelling unit shall require all 3 units to be sprinkled per North Andover Fire Department&Massachusetts building code. :aleQ/jagwnN guo4d Paxe=l if :lugs leluad palu a uo!i ollddy panlgoa uorleo lddy am�eut3l ,� _� S I.eloi ;uauUVedaa Bulptln8 •ssaooid 6ug11uuad ay; 169q p e uLol uo11eo1ldde 11uuad 6ulppngAmu a=isnwn �QAOqB81fl Jo; uopewawnoop pue sueld pe ule)aj II!M)uawjjed9p 6uipllnq 941 •eouejejej Aq upua4 pe)ejodiooui pue je4 p94oe11e 9q 11eys„anl;e MN"I�a Mid.PaBI;;uawnoop p94oe4e a41 wew4jedaa Bulpllne 841 Jo uopaJoslP ay;1e peplon aq o1 memej sm joi spunw6 eq IWOjueo1ldde 941 Aq p9111wgns uol;eLwolul 94;o;se6uego;uenbesgns ja4;o jo`uogeuuo;ul 6ulpealsiw`saloeinooeui�(uy •-IVIN3a Jo;suoseaj anoge,9410;sJ"SUe anglugap apinoid o;anies;ueoildde' 941 Aq suoi;eueldxe legjan 4ons lle4s Jou 1ueo1ldde a41 Aq suogeueldxa legian uo paseq aq 11e4s aolnpe Jo pue nnainaJ ani31u ap ON pa;;lwgns uo1lewjo;ul pue sueld a41 uo paseq s1 4ons;o uopeueldx9 pe4oege pue memej anoge 941 uolleuuo}ul leuolI!PpV Alddns 1tuJ*d lerJadS pe4sjej uiuuoluo�-) a Town of North Andover North Andover, Ma. 41845 To Whom it May Concern RE: Special Permit Written Documentation; 1. The particular use for the land of structure. We are requesting a variance on the right side, front and rear set-back dimensional requirement for the purpose of converting an existing 2-family dwelling unit structure to a proposed 3-family dwelling family unit structure. We have provided photos of the front setback of the structure showing that mostly all the structures in the area have very similar front setbacks. 2. The specific site is an appropriate location for such use, structure or condition. We are desirous of the conversion of an attic in a 2-family dwelling to a 3rd dwelling unit. Ample parking exists and there will be no earth removal and the exterior of the structure will not be altered. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. There will be no changes made to the exterior of the structure or to the site. All work will exist on the interior of the structure. Proper care and cleanup of site will take place daily. 4. Adequate facilities will be provided for the proper operation of the proposed use. All utilities will be updated to building code. 5. The use is in harmony with the proposed and intent of the zoning by-law. It is our desire to be consistent with the North Andover Master Plan. We are trying to achieve compatibility with the established pattern of uses in the district, increase the supply of affordable housing and preserve existing structures. To show compatibility with the established pattern of uses in the district we are providing an attached district map showing all the neighboring 2-family dwellings circled in blue and all 3 • M1 or more family dwellings in circled in green. We also own another 2 family dwelling in town and try to provide the most affordable housing with every modern convenience and updates. Every unit is famished with its own washer and dryer hookups in the unit, dish washer and garbage disposal. All the kitchens and bathrooms have been remodeled. We currently rent to the families of two employees of the Town of North Andover highway department, one of who has been a tenant for 10+ years. We believe we provide the nicest most affordable housing in North Andover and if asked we are sure all our tenants will agree. We are preserving a part of history even though the structure is not registered on the National Register of Historic Places or the State Register. The structure is more than 100 years old at the time of this application and displays a part of North Andover History. 6. Specific reference and response to criteria required by the particular special permit for which this application is made. The specific criteria for this special permit being requested for the conversion of a pre- existing non-conforming structure from a 2 family dwelling to a 3 family dwelling is based on our appeal on hardship caused by the rising cost of living and the ability to provide affordable housing. With the income from a Yd unit we will be able to keep our rental cost affordable for long time residents of North Andover. The structure was originally built to comply with 1900 zoning requirements and is compatible with the established pattern of uses in the district and achieves design compatibility with architectural features and exterior materials of surrounding structures. We are providing attached photos of another property we have restored as an example of what we hope to achieve with the conversion of the proposed structure. The issues we are trying to address are keeping affordable housing in town and preserving the beauty of North Andover. Sincerely Paul Dubois N N b m fz stia�e 2 'off ^ 49q. 39 A � 1 r 26 a �q�� 52 69 . R<Y 53 °*,> 37 54 m 20 27 '' 4 5 Buy s „ 19 tz7ao 7S° " 55 rn 3 S AryO�VEF 44 a 28 21 77,3 15 0 pLAY�R0U to 4 4 7 36 iy,�I5 3 x 13 62 s,3. 45 z 29—A v } 38 W 8 v 29 57 d RpgQ t31 •46 N4 Z 31. ' 63 9 36 16 30 an• } ° 73 11 67 a 46 47 2 13 1 683 1 Km • 7 4 47 ` ` 47 t 0 1 31 e.I5 5F 39 S 40 45 44 �°" 025,060 -, SF 65 } ' i 1 1 32 75 sF 40 g "4' 71 i 49 `,tD 14w 7,600 SF 4,2405.+50 SF 4. 3,870 6,265 SF � ar+ a.e 3 66 — ,a 91 ,555 1},700 34 46 45 44 43 42 41 0 a 5& _ STREET BALDWIN ST. 5r 72 43 68 ANN4S 5,Gml P.LS. ONLY SUR*Y SF — FEET f 91CH SEE RAT 12 13 1 4 13 -- ,txM 23 ams 14 r SEE PLAN Oil 59 fit. 1 1 8. tt,x00 }5M ss acla s. a1w s.r. ur 3 11 tam 24 t 10 30615 7 21 20 19 18 17 ; 57 58 28 5 22 4 1s aLtpar, r4Kp p t",t66 X n]'A ar Tr.Tm y 4000 SF. t6XN s.(. t1.5N SF. }Jb0 6266 .6.030 .A00 ZF. i x,OM 430!a }.600 6.1 ta400 tafp0 SP. STREET MARBLEHEAD STREET eo 62 23 22 21 20 199197 15 °� " Z71 28 s O 39 72 w aM4 as. wn aF. O 27 j aeM 6. 4142<° SA66 6. 43 4 38 ,1 65 47 tam aF 48 4 37 a6t6 6a10 c 6A66 ar 6,00• 6.606 s 6.06146.i66 9< OW f2JIM 004 1 F. 4116 9Ajm tame 6,600 ♦,}M KN 34 35 36 + 37 38 ! 36 77 53 50x3m 70 49 Us so 320 57 � 0 r taffi I3,66Y } w 3D 52 51 k y4 6.6 Amb asn 4 64 73 � 31 atffi "Am M � • BEVERLY - SEE PLAT ND..9 BY S. S. #ffi BESIEALY 51RfFf WN ED BNL T FOR PUR 2 • 2 10 1 36 37 7 6 9 22 2E �!G KIM, 13 41 39 6 8600 y34aha 4 15 ite loo 2bIi� 24 u� N 'pr � } 43 46 0.1�6D m 44 wus oil. O p w� 1g 5 i 4 • i �i 00 p Pi40 0 0-0 D O (3 0 Q CO CPO 00 0000 $ 0 0oa0 � C �c ° $ a a 0 a 0 g � 4 l 1 � 3 ® �. i e s _ I• z Ow kA r � s : tit' ' sia •� ' r — r- FRONT SETBACKS SAME AS NEIGHBORS t Sff ~k �a T R PROPOSED =3 aSTRUCTURE r �a it ; 1 t r w,k r� a t ` ryPROPOSED - -. ._ :xres�.. "�_.—.�-,..— _—•— ��` `. I.J . ! �T U R --- rt_ OTHER RESTORED PROPERTY i■ � f r _ � y ,t cis t , •# r I „ i s u j, i `r 4 �. . , ME, r A loft IT ° k. a= , 1 msµ, �h$ 4p 3 � gg � tf t I•.� � 3 > Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A,Section l l states in part"Parries in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppcskeon any pubfic 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 9 39 Paul Dubois 57 Second Street North Andover,MA 01845 Abutters Properties Map Parcel Name Address 9 1 Arthur McCue 70 Marblehead Street Rear North Andover,MA 01845 9 6 Robert Gesing 61 Union Street North Andover,MA 01845 9 7 Janet Bandle 69 Union Street North Andover,MA 01845 9 21 Frank Stewart 115 Blue Ridge Road North Andover,MA 01845 9 23 Frank Stewart 56 Union Street North Andover,MA 01845 9 24 Dennis Dufresne 66 Union Street North Andover,MA 01845 9 25 Frank Stewart 98-100 Marblehead Street North Andover,MA 01845 9 26 Judith Gilligan 68 Union 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 Francis Hayes 101 Union Street North Andover,MA 01845 9 34 Kizzella Hernandez 100 Union Street North Andover,MA 01845 9 35 Kalens Herold 84 Beverly Street North Andover,MA 01845 9 36 Concetta Mikols 92 Union Street North Andover,MA 01845 9 37 Edward Snell 86 Union Street North Andover,MA 01845 9 38 William Callahan 84 Union Street North Andover,MA 01845 9 40 Aaron Greene 91 Marblehead Street North Andover,MA 01845 9 41 Frank Stewart 101 Marblehead Street North Andover,MA 01845 9 42 Stewart Realty Trust 115 Blue Ridge Road North Andover,MA 01845 9 43 Raymond Stewart 71 Silvermine Road Boxford,MA 01921 9 54-0090.0 Wayne Cush 90 Beverly Street North Andover,MA 01845 9 54-0092.0 John Eisenhood 92 Beverly Street North Andover,MA 01845 9 71 Daniel Bergstrom 71 Marblehead Street North Andover,MA 01845 9 77-0001.0 Chuong Hoang 98 Beverly Street North Andover,MA 01845 9 77-0002.0 Charlene Bobek 98B Beverly Street North Andover,MA 01845 9 78 Phaedra Caoette 87-89 Union Street North Andover,MA 01845 8 27 Richard McCubbin 17 Marblehead Street North Andover,MA 01845 9 75 Russell Manning 68 Marblehead Street North Andover,MA 01845 Date 7/11/2008 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of d Certified by: Date �'` r10RTh Zoning Bylaw Review Form °.�" °quo Town Of North Andover p Building Department 1600 Osgood Street, Building 20, Suite 2-36 <5 North Andover, MA. 01845 SSACHUSE - Phone 978-688-9545 Fax 978-688-9542 Street: 78-80 Union Street Map/Lot: 9/39 Applicant: Paul and Robin Dubois Request: Add Y'ff-d-welling unit to existing 2-family, 3 story buildin Date: 6-2-08 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 2 Lot Area Preexisting X 2 Frontage Complies X 3 Lot Area Complies 3 1 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 1 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 X 2 Front Insufficient X 2 Complies 3 Left Side Insufficient 3 Preexisting Height X 4 Right Side Insufficient X 4 Insufficient Information 5 Rear Insufficient X 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 1 Insufficient Information 3 Insufficient Information E I Historic District K Parking 1 In District review required I 1 More Parking Required 2 Not in district X 2 Parking Complies X 3 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 P 9 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 g-4 Special Permit for 3NL'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 heretp and incorporated herein by reference. The building department will retain all plans and documentation for the above ile.You must file a new building permit application form a d begithe eppermitting process. Building Department Official Signature Appl cation eceived Applic tion D nied 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: P a' + _ 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.D 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 allow the proposed conversion of an attic in a 2-family dwelling to a 3rd dwelling unit.. Note: The proposed 3rd dwelling unit shall require all 3 units to be sprinkled per North Andover Fire Department&Massachusetts building code. Referred To: Fire Health Police X Zoning Board of Appeals Conservation De artment of Public Works Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12000 w M'DDsEk S � o r. w SITE _ w /r Go !Y < J N/F Of TIM & BEVERLY DONOVAN > BOOK 1384 PAGE 62 UNION ST. mASSESSORS MAP 9 STONE EXISTING BOUND EX S�REEl PARCEL 40 GARAGE S \ M�ppLE LOCUS MAP NOT TO SCALE FOUND �j FOR REGISTRY USE ONLY , • 1 �. CONCRETE 8g� 37„W PLAN) BLLOCK WALL_ W � PAVED 585.p0 ( � DRIVEWAY $� 92'(CALC) 9.6' WALL 1.3 N/F IERIC & KIM BALDWIN 21.6 Boo9023 PAGE 153 NORTH ANDOVER ZONING BOARD OF APPEALS r� ASSESSORS MAP 9 v , 21'6 I O5 DECK PARCEL 38 9' m O 4 9' 4.8' o � z � o � o SIDEWALK WALT- o EXISTING �► 6'- �000��0 3 STORY N o, Q o00000o ASSESSORS MAP 9 W.F.D. PARCEL 39 LEGEND AREA=5783.7 S.F. ' 9, ® PARKING SPACES-2 PER UNIT 9I -- Wt U 0 J o, � CoQ N. GRAVEL DRIVEWAY #78 #80 i� i' 11.0' N N NOTES PORCH 1.) THIS PLAN IS THE RESULT OF AN IRON IRON ON GROUND SURVEY PERFORMED PIPE PIPE BY NEW ENGLAND ENGINEERING 5.60' 5.3' 5.3' -1 FOUND45.67' FOUND SERVICES INC. ON MARCH 20, 2007 S78'29'10"E 2.) RECORD OWNER: PAUL AND ROBIN DUBOIS `- DEED OF RECORD: BOOK 7163 PAGE 284 GRAPHIC SCALE 3.) THE PURPOSE OF THIS PLAN IS 10 o s 10 20 IS TO ADD A THIRD APARTMENT IN THE EXISTING BUILDING UNION ) STREET (50 WIDE-PUBLIC ( IN FEET ) CERTIFICATION ZONING TABLE 1 inch = 10 ft.R4 REQUIRED EXISTING BOARD OF APPEALS PLAN I CERTIFY THAT THIS PLAN WAS PREPARED IN78/80 UNION STREET CONFORMANCE WITH THE RULES AND REGULATIONS MIN. LOT AREA 12,500 S.F. 5783.7 S.F. OF THE REGISTER OF DEEDS. MIN. FRONTAGE 100' 145.02' NORTH ANDOVER, MASSACHUSETTS MIN. FRONT YARD 30' 3.3' lk ASSESSORS MAP 9 PARCEL 39 MIN. SIDE YARD 15' 1.3' PREPARED FOR I ALSO CERTIFY THAT THE PROPERTY LINES SHOWN MIN. REAR YARD 30' 9.6' PAUL AND ROBIN DUBOIS ARE THE LINES DIVIDING EXISTING OWNERSHIPS, AND MIN. PARKING 6 6 57 SECOND STREET THE LINES OF STREETS AND WAYS SHOWN ARE THOSE NORTH ANDOVER, MASSACHUSETTS OF PUBLIC AND PRIVATE STREETS AND WAYS ALREADY ESTABLISHED, AND NO NEW LINES FOR DIVISION OF REFERENCES SCALE: 1" = 10' APRIL 5, 2007 EXISTING OWNERSHIP W STREETS AND WAYS ARE SHOWN. ��N°FM4S 1.) N.E.R.D. PLAN #2756 REVISED NEW ENGLAND ENGINEERING SERVICES INC. DAVID yG� APRIL 9, 2007 1600 OSGOOD STREET, BUILDING 20 2.) N.E.R.D. PLAN #4164 ALVES y APRIL 11, 2007 SUITE 2-64, NORTH ANDOVER, MA 01845 464 (978) 686-1768 �oF aL�7 DRAWN BY; SHEET #; CHECKED BY, PROFESSIONAL LAN DATE: D.A. 1 of 1 D.A. & B.C.0. JR. FILE #; DESIGN BY, 1349 1-04-05-07 D.A.