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Home My WebLink AboutMiscellaneous - 88 MAIN STREET Town of North Andover NOR Tot Office of the Zoning l � eals CommunityDevelo nT 1 'Division po � . Raymond Santini, 400e ; ,is845� 6 cs�ry Interim Community North Andover' Development Director Telephone(978)688-9541 TO - Vt° .1 Fax(978)688-9542 KORTH MASS HUE T-T�`�', August 18,2005 Albert P. Manzi,Jr.,Trustee Pacific Main Realty Trust P.O.Box 486 North Andover,Massachusetts 01845 RE: Pacific Main Realty Trust For premises at: 82-88 Main Street, North Andover,Massachusetts 01845 Regarding your request for a six(6)month extension of,your Variance: Please be advised that the Zoning Board of Appeals approved a six(6)month extension relative to the premises affected at 82-88 Main Street,North Andover,Massachusetts. The Zoning Board of Appeals voted to extend for a period of six-months the Variances granted by decision 2004- 014 on September 21,2004 to and including March 22,2006 during the regular August 9,2005 meeting upon a motion by Richard J.Byers and 2nd by Thomas D.Ippolito. Mass. Gen.L.,ch.40A, §10 allows the Variance permit granting authority to"extend the time for exercise of such rights for a period not to exceed six months'. Voting in favor: Ellen P. McIntyre,Joseph D.LaGrasse,Richard J.Byers,David W.Webster,and Thomas D.Ippolito. El P.McIntyre,Chair Zoning Board of Appeals cc: Town Clerk Domenic J. Scalise,Esq. ZBA file 2004-014. M29P25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 t Town of North Andover NOR11/, Office of the Zoning Board of Appeals F? •�" °°} Community Development and Services Division • 27 Charles Street "� "0 D. North Andover, Massachusetts 01845 su,R,s� D. Robert Nicem Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Property at.- 82-88 Main Street NAME: Pacific Main Realty Trust,Albert P. HEARING(S): dune 8&September 21, Manzi,III,Trustee,P.O.Box 486,North 2004 Andover ADDRESS: 82-M Main Street PETITION: 2004-014 North Andover,MA 01845 TYPING DATE: September 24,2004 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street,North Andover,MA on Tuesday,September 21,2004 at 7:30 PM upon the application of Pacific Main Realty Trust,Albert P.Manzi,III,Trustee,P.O.Box 486,North Andover for premises at: 82-M Main Street,North Andover requesting dimensional Variance from Section 7,Paragraphs 7.2 for Street Frontage,7.3 for relief of front and side setbacks,and Section 8.1 for relief from the required number of parking spaces,and Paragraph 8.1.7 for size of parldng spaces and width of driveways in order to construct two(2)additional apartment units;and for a Special Permit from Section 9 and Paragraph 9.2 in order to extend pre-existing,non-conforming lot and structure by two(2)additional apartment units. Said premises affected is property with frontage on the North side of Main Street within the GB zoning district. The legal notice was published in the Eagle Th me on May 24&31,2004. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaCnasse,and Richard J.Byers. The following non-voting members were present: Thomas D.Ippolito,Richard M. Vaillancourt,and David R Webster. Upon a motion by Joseph D.LaGrasse and 2"d by John M.Pallone,the Board voted to GRANT a Variance from Section 8.1,Paragraph 8.1.2 for relief of four(4)parking spaces from the required 16 off-street parking spaces,and GRANT a Special Permit from Section 9,Paragraph 9.2 in order to extend a pre- existing,non-conforming structure on a non-conforming lot by two(2)additional apartment units per Variance Plan,82-88 Main Street,North Andover,MA Assessors Map 29,Parol 25,prepared for Pacific Realty Trust,Date:May 18,2004,Rev.July 1,2004 by James E.Franklin,P.L.S.#37045,New England Engineering Services,60 Beechwood Drive,North Andover,MA. The above Variance Plan carries the following note:"Snow shall be removed from site when quantity becomes larger than capacity of Snow Storage Area". Also,per Elevations sheet A2.1 &Proposed Third Floor Plan AU Pacific Main ltea� Trust,82,84,86,88 Main St.,North Andover,MA date:05-13-04 by Gregory P. Smith,Registered r Architect#8688,GSD Associates, 148 Main St.Bldg.A,North Andover,MA 01845. Cr' Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. -� c . Page 1 oft 4�1 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover �tORTh Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street " °� •- =-• `'� North Andover, Massachusetts 01845 'ss�c►ius D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 The Board finds that the applicant does not need dimensional relief from 7.2 and 7.3 because the footprint of the existing building will not change. The Board finds that the revised July 1,2004 parking plan showing 9'x18'spaces,and 25'access width satisfies 8.1.7. The Board finds that the 11 off-street parking spaces will satisfy the requirements of 8.1.2 because the office tenants and the residential tenants of 82-88 Main Street need parking spaces at different times of the day. Therefore,the Board fords that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this Variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw,and satisfied the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw that such change, extension,or alteration shall not be substantially more detrimental than the existing structure to the neighborhood Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, i. Ellen P.McIntyre, air Decision2004-014. M25P25. Page 2 of 2 a Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals •:' $� Community Development and Services Division ' 27 Charles Street '► +;,,� North Andover, Massachusetts 01845sc�'i D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 This is to C90y that twantq have elapsed from data of duce'filed without filing of an appeal,aao Date Joyce A.Smdahaw Any appeal shall be filed Notice of Decision Town Clerk within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. E=rty at: 82418 Main Street NAME: Pacific Main Realty Trust,Albert P. HEARING(S): Jane 8&September 21, Manzi,III,Trustee,P.O.Box 486,North 2004 Andover ADDRESS: 82-88 Main Street PETITION: 2004-014 North Andover,MA 01845 TYPING DATE: September 24,2004 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street,North Andover,MA on Tuesday,September 21,2004 at 7:30 PM upon the application of Pacific Main Realty Trust,Albert P.Manzi,III,Trustee,P.O.Box 486,North Andover for premises at: 82-M Main Street,North Andover requesting dimensional Variance from Section 7,Paragraphs 7.2 for Street Frontage,7.3 for relief of front and side setbacks,and Section 8.1 for relief from the required number of parking spaces,and Paragraph S.1.7 for size of parking spaces and width of driveways in order to constrict two(2)additional apartment units;and for a Special Permit from Section 9 and Paragraph 9.2 in order to extend pre-existing,non-conforming lot and structure by two(2)additional apartment units. Said premises affected is property with frontage on the North side of Main Street within the GB zorring district. The legal notice was published in the Eagle Tribune on May 24&31,2004. The following members were present: John M.Pallmre,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. The following non-voting members were present: Thomas D.Ippolito,Richard M. Vaillancoi it,and David IL Webster. Upon a motion by Joseph D.LaGrasse and 2°d by John M Pallone,the Board voted to GRANT a Variance from Section 8.1,Paragraph 8.1.2 for relief of four(4)parking spaces from the required 16 off-street parking spaces;and GRANT a Special Permit from Section 9,Paragraph 9.2 in order to extend a pre- existing,non-conforming structure on a non-conforming lot by two(2)additional apartment units per Variance Plan,82-M Main Street,North Andover,MA Assessors Map 29,Parcel 25,prepared for Pacific Realty Tnist,Dame:May 18,2004,Rev.July 1,2004 by James E.Franklin,P.L.S.#37045,New England Engineering Services,60 Beechwood Drive,North Andover,MA. The above Variance Plan carries the following note:"Snow shall be removed from site when quantity becomes larger than capacity of Snow Storage Area". Also,per Elevations sheet A2.1&Proposed Third Floor Plan A1.3 Pacific Main Read Trust, 82,84,86,88 Main St,North Andover,MA date:05-13-04 by Gregory P. Smith,Registered Architect#8688,GSD Associates, 148 Main St.Bldg.A,North Andover,MA 01845. Votingm favor: John M.Pallone,Ellen P.McIntyre, � Irayre .Joseph D.LaGnllsse,and Richard J.Byers. � ATTEST:True Copy Page l oft A GO Town Clerk Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover �oR Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street ' '► . •°, North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 The Board finds that the applicant does not need dimensional relief from 7.2 and 7.3 because the footprint of the existing building will not change. The Board finds that the revised July 1,2004 parking plan showing 91x 18'spaces,and 25'access width satisfies 8.1.7. The Board finds that the 11 off-street parking spaces will satisfy the requirements of 8.1.2 because the office tenants and the residential tenants of 82-88 Main Street need parking spaces at different times of the day. Therefore,the Board finds that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this Variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw,and satisfied the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw that such change, extension,or alteration shall not be substantially more detrimental than the existing structure to the neighborhood 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&on the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, V- Ellen P.McIntyre, air Decisio n2004-014. M25P25. Page 2 of 2 a Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-488-9530 Health 978-688-9540 Planning 978-688-9535 Town of North AndoverNORTN Office of the Zoning Board of Appeals Community Development and Services Division • 27 Charles Street North Andover,Massachusetts 01845 'ss,TCHU op D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: 82-88 Main Street NAME: Pacific Main Realty Trust,Albert P. HEARING(S): June 8&September 21, Manzi,III,Trustee,P.O.Box 486,North 2004 Andover ADDRESS: 82-88 Main Street PETITION: 2004-014 North Andover,MA 01845 TYPING DATE: September 24,2004 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street,North Andover,MA on Tuesday, September 21,2004 at 7:30 PM upon the application of Pacific Main Realty Trust,Albert P.Manzi,III,Trustee,P.O.Box 486,North Andover for premises at: 82-88 Main Street,North Andover requesting dimensional Variance from Section 7,Paragraphs 7.2 for Street Frontage,7.3 for relief of front and side setbacks,and Section 8.1 for relief from the required number of parking spaces,and Paragraph 8.1.7 for size of parking spaces and width of driveways in order to construct two(2)additional apartment units;and for a Special Permit from Section 9 and Paragraph 9.2 in order to extend pre-existing,non-conforming lot and structure by two(2)additional apartment units. Said premises affected is property with frontage on the North side of Main Street within the GB zoning district. The legal notice was published in the Eagle Tribune on May 24&31,2004. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. The following non-voting members were present: Thomas D.Ippolito,Richard M. Vaillancourt,and David R Webster. Upon a motion by Joseph D.LaGrasse and 2°d by John M.Pallone,the Board voted to GRANT a Variance from Section 8.1,Paragraph 8.1.2 for relief of four(4)parking spaces from the required 16 off-street parking spaces;and GRANT a Special Permit from Section 9,Paragraph 9.2 in order to extend a pre- existing,non-conforming structure on a non-conforming lot by two(2)additional apartment units per Variance Plan,82-88 Main Street,North Andover,MA Assessors Map 29,Parctl 25,prepared for Pacific Realty Trust,Date:May 18,2004,Rev. July 1,2004 by James E.Franklin,P.L.S.#37045,New England Engineering Services,60 Beechwood Drive,North Andover,MA. The above Variance Plan carries the following note:"Snow shall be removed from site when quantity becomes larger than capacity of Snow Storage Area". Also,per Elevations sheet A2.1 &Proposed Third Floor Plan Al.3 Pacific Main Rea% Trust, 82,84, 86,88 Main St.,North Andover,MA date: 05-13-04 by Gregory P. Smith,Registered Architect#8688,GSD Associates, 148 Main St.Bldg.A,North Andover,MA 01845. 4.1 Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. Pagel of 2 l:J Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North AndoverN°RTM of "S o ,. �a Office of the Zoning Board of Appeals �? �' Community Development and Services Division 27 Charles Street o�A no North Andover,Massachusetts 01845 'ssACMusEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 The Board finds that the applicant does not need dimensional relief from 7.2 and 7.3 because the footprint of the existing building will not change. The Board finds that the revised July 1,2004 parking plan showing 9'x18'spaces,and 25'access width satisfies 8.1.7. The Board finds that the 11 off-street parking spaces will satisfy the requirements of 8.1.2 because the office tenants and the residential tenants of 82-88 Main Street need parking spaces at different times of the day. Therefore,the Board finds that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this Variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw,and satisfied the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw that such change, extension,or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre,Nitir Decision2004-014. M25P25. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 NORTH Town of North Andover o� Office of the Zoning Board of Appeals 0� Community Development and Services Division x -54 : . 27 Charles Street ~''y# 9ORRnn� 'S North Andover, Massachusetts 01845 'Ss�cHUSEs D. Robert Nicetta Telephone(978)688-9541 Building Fax Commissioner 978 688-9542 ( ) DateQ O TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a A, Variance S ecial Pe Comprehensive Permit (40B) Finding for property located at: STREET:— MAP: PARCEL: 15 TOWN: TO MEETING DATE(S): - ' ke NAME OF PETITIONE ct CA `J Signed: r=; 1-7 P titioner (or petiti s representative) AIVER u AUG 1n QQ�64t L.. "als 978-688-9541 Building 978-688-9545 C rno ervation 978-688-9530 llealth978-688-9540 Planning978-688-953? � 1C gQAW OF APPEALS NORTH Town of North Andover of s, „ Office of the Zoning Board of Appeals �� Community Development and Services Division 27 Charles Street gPA�TO PPP`'(y North Andover, Massachusetts 01845 �SSACr+us�`s D. Robert Nicetta Telephone (978) 688-9541 1311101ng Coinnaissioner Fax (978)688-9542 Datevt TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 y Please be advised that I have agreed to waive the time constraints for the North , Andover Zoning Board of Appeals to make a decision regarding the granting of a q� DO Variance S ecial Permit Compre enslve Permit (40B) Finding for property located at: STREET: dN-IN -Lff V747_ oRfti %1, O/Pj' MAP: PARCEL: 02 TOWN: 46'y AqY' 041Le,� TO MEETING DATE(S): 1 40,Pt�ZQ bc)Y NAME OF PETITIONER: �/►C'� G �9/u�� ` 7t Signed: ` etitioner(o ttioner's represdntative) JUL. _ 3 2004 �p WAIVER BOARD OF A PEAL+,peals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 1ealth 978-688-9540 planning 978-688-9535 M E TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS NAME �9: Ss wno �� ADDRESS OF APPEAL Procedure & Requirements for an Application for a Special Permit E Ten (10)copies of the following information resist be STEP 6:SCHEDULING OF HEARING AND submitted thirty (30)clays prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information witNrr the The Office of the Zoning Board of Appeals time periods prescribed may result in a dismthe applican issal by the Zonin Board of an lication as incom tete. t fora hearing date and.preppaares the legal schedules notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in 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 therm. The cost of the Party in Interest fee. petitioner will complete items that are underlies. 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 complelled by the of the Zoning Board of Appeals and delivers the.legal Building Commissiorw. 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 peMion the BOARD OF APPEALS: Board of Appeals for a Special Permit. Alk,information The petitioner shauki appear in his/her behalf, or be as required in items 1 through and incidding 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 f STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan inimmation 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 b compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General taw ch.40A sec. 17,within twenty(20)days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one(1)original and 10 XemK 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 Clerk with the time and date the decision, Mylar,and any accompanying plans at the of filing. The original vAll be left at the Town Clerk's Essex County North Registry of Deeds, 381 Common i Office, and the 10 Xerox copies will be left with the St. Lawrence MA,and shall complete the Certification Zoning Board of Appeals secretary. of Recording form and forward it to the Zoning Board of Appeals and the Building Department_-, IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services 27 Charles Street , North Andover, MA 01845 978-688-9501 Town Clerk'�Qffic:e - 978-688-9566 Assessor's Tice`,` 978-688-9542 fax for Community Development offices 978-688-9545 Building Department. 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 F. Utz 1. Petitioner: *Name, *Address and telephone number: Pacific Main Realty Trust , Albert P. Manzi III , Trustee PI) Box 486 North Andover, MA 01845 *The petitioner shall be entered on the legal notice and ft decision as entered above. 2. Owners of Land: Name, Address, telephone number and number of years under this ownership: Albert P. Manzi Jr. Trustee Pacific Main Realty Trust, Albert P. Manzi III , Trustee PO- Bnx 496 Nnrrh Andover, MA 01945 Years Owned Land: y' 3. Location of Property: i a. Street: 82-88 Main Street Zoning District: General Business b. Assessors: Map Number 210-029 Lot Number: 0025 c. Registry of Deeds: Book Number 9 g 12 Page Number: 12 2 4. Zoning Bylaw Section(s) under which the petition for the Special Permit is made. Including not limited to: Section 9. 1 , 9 . 2 , General Business Zone Table 2 including but not limited to: -.Lot area, height, frontage, all set backs,,,,lot Covera e, section 7; Section . 1 arking. CiL .r *Refer tithe Piermit Denial and Zoning Ordinance Plan Review ripe Co=Wssior�er ' suppbed by Budding 5. Describe the Special Permit request Relief from including but not limited to: Non-Conforming use alteration & extensio Int- arpn , haii ght� frnntava n11 cPt barbs , lot an pragp,, narking n i i i The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Page 3 of 4 { NORTH ANDOVER ZONING BOARD OFAPPEALS application for a SPECIAL PERMIT ii g`- , 6A. Existing Lot(s): Lot Area Open Space Percent Lot Mage Parking Mirrm Lot Setback oFront 8 7 3 Ft. Sq. Ft. Coverage % 6 0 — 1�ac ro Syg A 2 'de B r o� C 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Fkwdage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Fee# Spaces Front Side A Side B Rear % f 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent:Lot F>antage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Fest Spaces Front Side A Side B Rear % a 7A. Existing Building(s): Ground Floor Number of Total Woof Number Square feet Floors Sq.feetBuilding* of nits*" Residential = 4 2 ,200 3 6,600 MixedResidential/office Office = 2 *Rderence Uses from the Zoning Bylaws&Table 1. **fie number of units in building. 7B. Proposed Building(s): Ground Floor Number of Total Useof Number Square feet Floors Sq.feet aaldng* of:Units** *Ferre Uses from the Zoning Bylaws&Table 1. e *"Slate number of units in building. 8. Petitioner and Landowner signatur*s): r Every application for a Special Permit shall be made an this form, which is the official form of the Zoning Board ofAppeals. Every application shall be filled with the Town Clerk's Offroe It shall be the responsibility of go 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 responsibly 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 dismis'sa"by theBoard this applicalion as incomplete. Si nature Tope above name(s) here Albert P. Manzi III , Trustee Pacific Main Realty Trust Albert P. Manzi Jr. Trustee t E i PAGE 4OF4 SPECIAL PERMIT 4 9. WRITTEN DOCUMENTATION ° Application for a Special Permit must be supported by a *10. B. *Plan Specifications: legibly written or typed memorandum setting forth in 1) Size of plan: Ten(10)paper copies of a plan not detail all facts relied upon. When requesting a Special to exceed 11"x17", preferred scale of 1"-40' Permit from the requirements of MGLA ch. 40A, and the II) One(1)Mylar. North Andover Zoning By-laws, all dimensional III) Plan prepared by a Registered Professional requirements shall be clearly identified and factually Engineer and/or Land Surveyor,with a block for supported. AU points,1-6,are required to be five(5)ZBA signatures and date indicated on the addressed with this application. Mylar. j *10 C. *Features To Be Included On Plan: 1.The particular use proposed for the land or structure. 1) Site Orientation shall include: 2.The specific site is an appropriate location for such 1. north point use, structure or condition. 2. zoning district(s) 3.There will be no nuisance or serious hazard to 3. names of streets vehicles or pedestrians. 4. wetlands(if applicable) 4.Adequate and appropriate facilities will be provided 5. abutters of property, within 300' radius for the proper operation of the proposed use. 6. locations of buildings on adjacent properties 5. The use is in harmony with the purpose and intent of t within 50'from applicants proposed structure Zoning Bylaw. 7. deed restrictions, easements. 6. Specific reference and response to the criteria In Legend&Graphic Aids: required by the particular Special Permit for which 1. Proposed features in solid lines&outlined in red this application is made(i.e. the Earth Removal 2. Existing features to be removed in dashed lines Special Permit has unique criteria and submittal 3. Graphic Scales requirements.). 4. trate of Plan 5. Title of Plan 10. PLAN OF LAND 6. Names address and phone numbers of the Each application to the Zoning Board of Appeals shall applicant, owner or record, and designer or be accompanied by the following described plan. Plans surveyor. must be submitted with this application to the.Town 10 D. Minor Projects Clerk's Office and ZBA secretary at least thirty(30)days prior to the public hearing before the Zoning Board of Minor projects,such as decks,sheds,and garages, appeals. shall require only the plan information as indicated with an. asterisks(*). In some cases further information may A set of buikling elevation plans by a Registered be required Architect may be required when the application involves new constructiorda conversion/and/or a 11. APPLICATION FILING FEES proposed change in use. A. Notification fees: Applicant shall gide a check or money order to: "Town of North Andover- 10 A. Major Projects #022-1760-4841"for the cost of first class,certified, Major projects are those which involve one of the return receipt($4.42 as of November 2003)x#of all following whether existing or proposed: parties in interest identified in MGLA ch. 40A§11 on the I)five or more parking spaces, abutter's list for the legal native check. Also, the II)three(3)or more dwelling units, applicant shalt supply first class postage stamps III)2000 square feet of building area. (currently 37¢)x the#of parties of interest on the abutter's list for the decision mailing. Major Projects shall require that in addition to the above B. Mailing labels: Applicant shall provide four(4) fsets of mailing labels no larger than 1"x2-5/8"(3 copies features, plans must show detailed utilities, soils, and topographic information. for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of$50.00 per application. No.► A Special Pennit once granted by the ZEkA will lapse in 2(two)years if not exercised and a new petition must be submitted. A A 1 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGb.40A,Section T 1 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly opoositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 29 25 Pacific Main Realty Trust PO Box 486 North Andover, MA 01845 A P Manzi Jr. Abutters Properties Map Address Mat) 8 Parcel Name , 29 9 29 10 29 11 29 12 29 16 29 17 29 18 29 19 29 20 29 23 29 24 29 26 _ 29 27 et - 29 28 29 29 29 30 5 29 39 29 40 0 mom 29 41 29 42 29 43 ; 29 44 29 45 29 46 4 z rias 6 No_ 29 48 Date 4/20/2004 Page 1 of 2 This certifies that the names appearing on the records of the ss ssors Office as of daA. / or Date 24 Certifie by: _ Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning { ) i Town of North Andover Abutters Listing REQUIREMENT: MGI.4on,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subiect Property: MAP PARCEL Name Address 29 25 Pacific Main Realty Trust PO Box 486 North Andover, MA 01845 A P Manzi Jr. Abutters Properties Map Parcel Name ddress 29 52 K MW 29 54 maw' 29 55 29 56 29 60 Peter 31 Date 4/20/2004 Page 2 of 2 I his certifies that the names appearing on the records\\ of the As ors Office as of. Ja t }v03 Certified RT„ O Town of North Andover F µ°tTtio e qNp Office of the Zoning Board of Appeals ? A Community Development and Services Division ; 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta9` }�hCm< 98)Cti9541 13urlding Commissioner Fax (978)688-9542 Date a 7� TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special Pe Comprehensive Permit (40B) Finding for property located at: STREET: �6 `� drv) ► v1 S+,-e-e MAP: PARCEL: t, TOWN: ��ov �H Ao),), er m TO MEETING DATE(S): Ta CT 1 D D NAME OF PETITIONER: 6� � Signed: P rtioner(or petiti er's re resentative) JUN 8 - 2004 IVER BOARD OF APPPAfS�.ils 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Plamniiig 978-688-9535 �idRTi{ TOWN OF FORTH ANDOVER VARIANCEr ZONING BOARD OF APPEALS CHU NAME: ADDRESS OF APPEAL: Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty(30) days prior to the first public hearing. STEP 6:SCHEDULING OF HEARING AND Failure to submit the regdred information within the PREPARATION OF LEGAL NOTICE: time periods prescribed may result in a dismissal by the The Office of the Zoning Board of Appeals schedules Zoning Board of an application as incomplete. the applicant for a hearing date and prepares the legal The information herein is an abstract of more notice for mailing to the parties in interest(abutters)and specific requirements lamed in the Zoning Board for publication in the newspaper_ The petitioner is Rules and Regulations and is not meant to notified that the legal notice has been prepared and the supersede them. The petitioner will complete items cost of the Party in Interest fee. that are underlined I STEP 7:DELIVERY OF LEGAL NOTICE TO NEWSPAPER STEP 1: ADMINISTRATOR PERMIT DENIAL:: The petitioner picks up the legal Mice from the Office The petitioner applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal receivers a Zoning Bylaw Denial form completed by the notice to the local newspaper publication. Building Commissioner. ' STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 2: VARIANCE APP>I.ICATION FORM: BOARD OF APPEALS: Petitioner completes an application form to petition the The petitioner should appear in hWher behalf, or be Board of Appeals for a Vaffence. All information as represented by an agent or atk niey. In the absence of required in items 1 through and includr'>r►g 11 shall be any appearance without due cause on behalf of the completed. petitioner,the Board shall decide on the matter by using the information it has otherwise receive. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's STEP 4: LIST OF PARTIES IN INTEREST: decision may be made pursuant ID Massachusetts The petitioner requests theAssessors Office to compile General Law ch. 40A sec. 17,wil in twenty (20)days a certified list of all Parties it Interest(abutters). after the decision is filed with the Town'Clerk. STEP 5: SUBMIT APPLICATION: STEP 10: RECORDING THE DECISION AND PLANS. Petitioner submits one(1)original and 10 Xerox copies The pefitioner is responsible for recording certification of f of all the required informabon to the Town Clerk's Office the decision and any accamparOv plans at the Essex to be certified by the Towrt Clerk with the time and date County, North Registry of Deeds,381 Common St., of filing. The original will be left at the Town Clerk's Lawrence MA, and shall complete the Certification of Office, and the 10 Xerox curies will be left with the Recording form and forward it to the Zoning Board of Zoning Board of Appeals secretary. Appeals and the Building Deparbuent. w.: G: IMPORTANT PHONE NUMBERS: C=' 978-688-9533 Office of Community Dev &Services 97&688-9501 Town Clerk's Office 27 Charles Street, North Andover, MA 978-688-9566 Assessor's Office 01845 .. . Mr 978-688-9542 fax for Community Development offices 978-688-9545 Building Department i7. - r' z 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 -0 PAGE 2OF4 Application for a VARIAN C E NORTH ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: *Name, *address and telephone number: Pacific Main Realty Trust, Albert P. Manzi III , Trustee PO Box 496 North Andnver_ MA 01945 *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: Albert P. Manzi , Jr. Trustee Pacific Main Realty Trust , Albert P. Manzi , III , Trustee PO Box 486 North Andover. MA 01845 Years Owned Land: Since July 2000. 3. Location of Property: a. Street: 92-99 Main StYAet Zoning District: General Rnsi Hess b. Assessors: Map number. 210-029 Lot Number. 0025 c. Registry of Deeds: Book Number. Page Number: 122 eiinZoeIn oBylaw Section(sr under which the petition forthe Variance is made. nt l � Including but _ Section 9. 1, 9.2.6eneral Business Zone Table 2 in 1 ,ding hut7 not limited n• . 1 *Refer to the Zoning Bylaw Denial and Pian Review Narrative form as suppNed by the Building Commissioner. parking . c- 5. 5. Describe the Variance request: Rel i pf frnm i nol Udi ng hut: not limited tn: Non-conforming use alteration & a The above description shah be used for the purpose of the legal notice and decision. Amore data "descdpftn Isis requires pursuant loom Zoning Board Rules and Regulations as cited on page 4,Section 9 of this application.Fane by the applicant to describe the request dearly may result in a decision drat does not address the intent of the applicant. The decision wil be united to the request by the appricant and No rot involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: lndiaft the dornension(s)that will not meet current Zoning Bylaw Requirements. (Two lines, A and B are in rase of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. 8730 % 60+/- 5 B. % Page 3 of 4 Applicn for aVARANCE � NORTH:ANDOVER ZONING BOARD t9F APPEAL; 6 B. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B near 8730 5_ 6 C. Proposed Lot (s): Lot Area Open Space Percent Lot Frontage Parking illinimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Iter 6D. Required Lot: (As required byZoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7A. Existing Building(s): Ground Floor Number of Heigh-" Total Use of /fiber Square feet Floors Sq.feet sidential Resident 1=4 2 ,200 3 6,600 MixedOff, ce Office *Reference Uses from the Zoning Bylaw&Table 1.. "State number of units in building. 7B. Proposed Building(s): Ground Floor Number of Height Total Use of !lMrnber Square feet Floors Sq.feet Buikkng"` ot}nits** *Reference Uses from the Zoning Bylaw&Tabie 1. "State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Variance shag be made on this form,wtich is the official form of thrZorrng Board of Appeals. Every application shall be filed with the Town ClWs Office. It shall be the responsibility of the-pdhioner to furnish all suppwting documentation with this application. The dated copy of this application-received by the Town Clerk or the Zoning Boad of Appeals does not absolve the applicant from this responsibility. The petitioner shag be reqwwk4e for all expenses iwnft and legal notification. Failure to comply with app ion requirements, as cited herein and inllheZoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature Type above names) ere:Albert P. Manzi III , Trustee Pacific Main Realty Trust Albert P. Manzi Jr. Trustee PAGE 4OF4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a variance must be supported by a I) Size of plan: Ten(10) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a variance H)One(1)Mylar. from the requirements of MGLA ch. 40A, Sec. 10.4 and III) Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for five(5) requirements shall be clearly identified and factually ZBA signatures and date indicated on the Mylar. supported. All points,A-F,are required to be addressed with this application. *10 C*Features To Be Indicated On Plan: 1) Site Orientation shall include: A. The particular use proposed for the land or 1. north point structure. 2. zoning district(s) B. The circumstances relating to soil condi, shape 3. names of streets or topography of such land or structures especially 4. wetlands(if applicable) affecting the property for which the variance is 5. abutters of property,within 300' radius sought which do not affect generally the zoning 6. locations of buildings on adjacent properties district in which the property is located. within 50'from applicants proposed structure C. Facts which make up the substantial hardship, 7. deed restrictions, easements. financial or otherwise, which results from fileral H)Legend&Graphic Aids: enforcement of the applicable zoning restrictions 1. Proposed features in solid tines&outlined in red. with respect to the land or building for which the 2. Existing features to be removed in dashed lines. variance is sought. 3. Graphic Scales D. Facts relied upon to support a finding that relief 4. Date of Plan sought will be desirable and without substantial 5. Title of Plan detriment to the public good. 6. Names addresses and phone numbers of the E. Facts relied upon to support a finding that relief applicant owner of record, and designer or sought may be given without nullifybxt or surveyor. substantially derogating from the infant or purpose of the Ordiriance. 10 D. Minor Projects F. Submit RDA from Conservation Commission when - Minor projects,such as desks,sheds,and garages, Continuous Buildable Area is applied for in ZBA shall require only the plan information as indicated with application. an. asterisks(*). In some cases further information may be required 10: PLAN OF LAND 11.APPLICATION FILING FEES Each application to the Zoning Board of Appeals shall Notification fees icarrt shall itis a described Plans 11 A l� be accompanied by the following desc plan must be submitted with this application b the Town check or money order to: "Town of North Anda m- Clerk's Office and ZBA secretary at least thirty(30)days #022-1760-4841'for the cost of first class, cerh ied, prior to the public hearing before the Zoning Board of return receipt($4.42 as of November 2003)x#of all appeals. parties in interest identified in MGLA ch. 40A§11 on the abutter's list for the legal notice check. Also,the A set of building elevation plans may be required applicant shall supply first class postage stamps when the application involves new (currently 370)x the#of parties of interest on Ore construction/conversion/and/or a proposed change abutter's list for the decision mailing. in use. 11 B. Mailing labels.Applicant shall provide four(4) 10 A. Major Projects sets of mailing bels no larger than 1'x2-5/8"(3 copies Major projects are those which involve one of the for the Legal mailing and one copy for the Decision following whether existing or proposed: mailing). I)five or more parking spaces, II)three(3) or more dwelling units, 11 C. Administrative fee of$50.00 per application. M)2000 square feet of building area. Major Projects shall require in addition to showing the ► A Variance once granted by the ZBA will lapse in above features, plans must show detailed utilities, soils, 1 (one)year if not exercised and a new petition and topographic information. must be submitted.A 1 9 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT. MGI.40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly opoositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property, MNP PARCEL Name Address 29 25 Pacific Main Realty Trust PO Box 486 North Andover, MA 01845 A P Manzi Jr. Abutters Properties Map Parcel Name Address 29 8 29 9 29 10 f 29 11 29 12 4 29 16 29 17 29 18 29 19 29 20 29 23 29 24 29 26 s j 29 27 et 29 28 29 29 29 30 .. 5 29 39 29 40 29 41 ' 29 42 w 29 43 29 44 29 45 29 46 fy" riffs ::ri 6 No 29 48 Date 4/20/2004 Page 1 of 2 This certifies that the names appearing on the records of the ss ssors Office as of Certifie by: Date ` Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Ii Town of North Andover Abutters Listing REQUIREMENT: Mcl_40A,section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 29 25 Pacific Main Realty Trust PO Box 486 North Andover, MA 01845 A P Manzi Jr. Abutters Properties Map Parcel Name Ad cess 29 52 K 29 54 29 55 29 56 29 60 Peter 31 Unml Date 4/20/2004 Page 2 of 2 i his certifies that the names appearing on the records of the As ors Office as of. Certified o s:j ;,rtl, it t,€ APPLICATION FOR A SPECIAL PERMIT E} n;_r- ; NORTH ANDOVER ZONING BOARD OF APPEALS` ` -c A SUPPLEMENTAL ADDENDUM PACIFIC MAIN REALTY TRUST PAGE 1 of 2 PAGE 2 & 3 5. DESCRIBE THE SPECIAL PERMIT REQUEST: Include: "Non-Conforming use alteration and extension in a pre-existing non conforming structure." 6A. EXISTING LOT(S): Lot Open Percentage Frontage Parking Front Side A Side B Rear Area Space lot feet spaces set set set set SF SF coverage back back back back 8730 N/A N/A 60+/- 16 6.55 4.50 6.55 75 6B. PROPOSED LOT (S): Lot Open Percentage Frontage Parking Front Side A Side B Rear Area Space lot feet spaces set set set set SF SF coverage back back back back 8730 N/A 34% 60+/- 14 6.55 4.50 6.55 75 6C. REQUIRED LOT (AS REQUIRED BY ZONGING BYLAW& TABLE 2) Lot Open Percentage Frontage Parking Front Side A Side B Rear Area Space lot feet spaces set set set set SF SF coverage back back back back 25000 N/A 35% 125 15 25 25 25 35 �f4 f-,4 APPLICATION FOR A SPECIAL PERMIT NORTH ANDOVER ZONING BOARD OF APPEALS SUPPLEMENTAL ADDENDUM PACIFIC MAIN REALTY TRUST PAGE 2 of 2 7A. EXISTING BUILDING(S) Ground Number Height Total Use of Number of Floor of Square Building Units SF floors feet 2200 3 35+/- 4400 Mixed Use Residential =4 Residential Office =2 & Office 7B. PROPOSED BUILDING Ground Number Height Total Use of Number of Floor of Square Building Units SF floors feet 2200 3 35+/- 6600 Mixed Use Residential =6 Residential Office=2 & Office APPLICATION FOR A VARIANCE :4 NORTH ANDOVER ZONING BOARD OF APPEALS ' SUPPLEMENTAL ADDENDUM PACIFIC MAIN REALTY TRUST PAGE 1 of 2 PAGE 2 & 3 5. DESCRIBE THE VARIANCE REQUEST: Include: "Reduction in the number of parking spaces,parking space width, and driveway width per submitted plan." 6A. DIFFERENCE FROM ZONGING BYLAW REQUIREMENTS: Lot Open Percentage Frontage Parking Front Side A Side B Rear Area Space lot feet spaces set set set set SF SF coverage back back back back 8730 N/A N/A 60+/- 1 18.45 20.50 18.45 N/A 6B. EXISTING LOT(S): Lot Open Percentage Frontage Parking Front Side A Side B Rear Area Space lot feet spaces set set set set SF SF coverage back back back back 8730 N/A 34% 60+/- 16 6.55 4.50 6.55 75 6C. PROPOSED LOT(S) Lot Open Percentage Frontage Parking Front Side A Side B Rear Area Space lot feet spaces set set set set SF SF coverage back back back back 8730 N/A 34% 60+/- 14 6.55 4.50 6.55 75 6D. REQUIRED LOT (AS REQUIRED BY ZONGING BYLAW TABLE 2) Lot Open Percentage Frontage Parking Front Side A Side B Rear Area Space lot feet spaces set set set set SF SF coverage back back back back 25000 N/A 35% 125 15 25 25 25 35 w � APPLICATION FOR A VARIANCE NORTH ANDOVER ZONING BOARD OF APPEALS SUPPLEMENTAL ADDENDUM PACIFIC MAIN REALTY TRUST PAGE 2 of 2 7A. EXISTING BUILDING(S) Ground Number Height Total Use of Number of Floor of Square Building Units SF floors feet 2200 3 35+/- 4400 Mixed Use Residential=4 Residential Office=2 & Office 7B. PROPOSED BUILDING Ground Number Height Total Use of Number of Floor of Square Building Units SF floors feet 2200 3 35+/- 6600 Mixed Use Residential= 6 Residential Office= 2 & Office TOWN OF NORTH ANDOVER VARIANCE , °5 t4oR7'11 a. ZONING BOARD OF APPEALS NAME: •�� ADDRESS OF APPEAL: Procedure & Requirements for an Application for a Variance Ten(10)copies of the€ollowing information must be i submitted thirty 30 days prior to the first public hearing. STEP 6:SCHEDULMG OF HEARING AND . Failure to submit the requd information within the PREPARATION OF LEGAL NOTICE: time periods prescribed may result in a dismissal by the The Office of the Zoning Board of Appeals schedules Zoning Board of an application as incomplete. the applicant for a hearing date and prepares the legal c The information►herein is:an abstract of more notice for mailing to the parties in interest(abutters)and Icost specific requirements f" d in the Zoning Board for publication in the newspaper_ The petitioner is Rules and Regulations and is not meant to notified that the legal notice has been prepared and the supersede them. The petitioner will complete items of the Party in Interest fee. that are undefted STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER STEP 1: ADUNSTRATOR PEROT DENIAL: The petitioner picks up the legal notice from the Office The petitioner applies for a Building Permit and of the Zoning Board of Appeals acrd delivers the legal receivers a Zoning Bylaw Denial form completed by the notice to the local newspaper publication. Building Commissioner. STEP 8: PUBLICHEARING BEFORE THE ZONING STEP 2: VARIANCE APPICtCATION FORM., BOARD OF APPEALS: Petitioner completes an application form to petition the The petitioner should appear in his/her behalf, or be Board of Appeals for a Variiance. All infer-mation as represented by an agent or attorney. In the absence of required in items 1 througb and including 11 shall be any appearance without due cause on behalf of the completed. petitioner;the Board shall decide on the matter by using the information it has otherwise receive. STEP 3: PLAN PREPARKTION: Petitioner subnils all of therequired plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a coPy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's STEP 4: LIST OF PARTES IN INTEREST: decision may be made pursuar>t to Massachusetts The petitioner requests theAssessors Office to compile General Law ch.40A sec. 17,within twenty(20)days a certified listof all Partiesar Interest(abutters). after the decision is fried with theTown Clerk. STEP 5: St1B1W APPL TION: STEP 1t1: RECORDWG THE DECIMN AND PLANS. Petitioner submits one(1)original and 10 Xerox copies The petitmw is responsible for mcordrng certification of of all the required in€ormak a to the Town Clerk`s Office the decision and any accompanying plans at the Essex to be certified by the Town Clerk with the time and date County, North Registry of Creeds,381 Common St., of filing. The original will be left at the Town Clerk's fence MA, and shag ��Certification of Office, and the 10 Xerox will be left with the Recording form and-forward it to the Zoning Board of Zoning Board of Appeals secretary. Appeals and the Building Department. E IMPORTANT PHONE LIMBERS: 978-688-9533 Office of(immunity Dev &Services 978-688-9501 Town Clerk's Office 27 Charles Street, North Andover, MAS 978-688-9566 Assessor's Office 01845 m: 978-688-9542 fax for Community Development offices c .: 978-688-9545 Building Department � r D� E978-688-9541 Zoning Board of Appeals Office PAGE l of 4 CD PAGE 2OF4 Application for a VARIANCE NORTH ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: *Name, *address and telephone number: Pacific Main RPa1_ tv T^ r,_ ,tet-, Albert P_ Manzi III , Trustee PO BOX 486 North Andover, MA 01845 'The petitioner shall be entered on the legal notice and the decision as entered abow- 2. Owners of Land: Name, Address, Telephone number, and number of years under this ownership: Pacific Main Realty Trust, Albert P. Manzi III , Trustee Albert P. Manzi Jr. Trustee PO Box 486 North Andover MA 01845 Years Owned Land: July 2000 3. Location of Property: a. Street: 82-88 Main Street Zoning District: General Business b. Assessors: Map number. 21C_0a9 Lot Number: 0025 c. Registry of Deeds: Book Number: 5 812 Page Number: 12 2 4. Zoning Bylaw Section(s)*under which the petition for the Variance is made. Including but not limited to Sections 7 , all set backs , frontage, lot area, as found in Section and table 2; Parking as per sections 8.0 & 8.1 'Refer to the Zoning Bylaw Denial and Plan Review Narrative Conn as supplied by.the BwMft Commissioner. S. Describe the Variance request: I _Relief from including but not limited to: all set backs, frontage,lot area; Reduction in the number of parking spaces and parking space width,and drive way width per submitted plan. The above description shall be used for the purpose of'dw legal notice and decision. A mowdriailed description is required pursuant bae Zoning.Board Rubs and Regulations as cited on page 4,Section 9 of this applicatiom Faihae b the applicant to describe the request cbm* may result in a decision brat does not address#w indent of the applicant. The decision will lieimiled to the request by the applicant and"M not involve additional items not kuft ed above, 6A. Difference from Zoning Bylaw requirements: indicaw the tiliattar skwgs)that will not meet cuffent Zoning Bylaw Requirements. (Two lines,A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % ro0/ l 18.ys �O. t 8. y - ru/q B. % i i Page 3 of 4 AppkaWn for a VARANCE ry NORTH ANDO1tERZONING BOARD OFAPPEAL 6 B. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B near 6 C. ProposedLot(s): Lot Area Open Space Percent Lot Frontage Parking Mfnimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B alar F 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Cow Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7A. Existing Building(s): Ground Floor Number of ` HetgM .. Total Use of t�rn6�er Square feet Floors Sq-feet Bur�d�` ofUnits .2�aG -3 *Reference uses from the Zoning Bylaw&Table 1. **State number of units in building t 7B. Proposed Building(s): Ground Floor Number of Height Total Use of fiber p Square feet Floors Sq.feet Buikting* affunits** *Reference thes from the Zoning Bylaw&Table?. "*State number of units in bung pv 8. Petitioner and Land+owrwr signature(s): Every appikabon for a Variance shall be made on this farm,which is the official form 0f1WZWM Board of Appeals. Every application shall be filed with the Town Clerk's Office. it shall be the-responsibiMy of thopitti loner to furnish all suppoe ing documentakin with this application. The dated copy of this appric a ion-received by the Trm Clerk or the Zoning Boal of Appeals does not absolve the applicant from this responsibility- The petitioner shad be ale for all expenses fwfd g and legal notification. Failure to comply with application requirements,as cited herein and ie ftZoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature Type above name(s) here: Albert P. Manzi III , JD, Trustee Pacific Main Realty Trust PAGE 4 OF 4 VARIANCE 9: WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a variance must be supported by a I) Size of plan: Ten(10) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a variance II)One(1)Mylar from the requirements of MGLA ch. 40A, Ser- 10.4 and III) Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for five(5) requirements shall be clearly identified and factually ZBA signatures and date indicated on the Mylar. supported. All points,A-F,are required to be addressed with this application. *10 C*Features To Be Indicated On Plan: 1) Site Orientation shall include: A. The particular use proposed for the land or 1. north point structure. 2. zoning district(s) B. The cir+c:urnstances relating to soil conditioris, shape 3. names of streets or topography of such land or structures especially 4. wetlands(if applicable) affecting the property for which the variance is 5. abutters of property, within 300' radius sought which do not affect generally the zoning 6. locations of buildings on adjacent properties district in which the property is located. within 50'from applicants proposed structure C. Facts which make up the substantial hardship, 7. deed restrictions, easements. financial or otherwise, which results from literal In Legend&Graphic Aids: enforcement of the applicable zoning restrictions 1. Proposed features in solid lines&outlined in red. with respect to the land or building for which the 2. Existing features to be removed in dashed lines. variance is sought. 3. Graphic Scales D. Facts relied upon to support a finding that relief 4. Date of Plan sought wdl be desirable and without substantial 5. Title of Plan detriment to the public good. 6. Names addresses and phone numbers of the E. Facts relied upon to support a finding that relief applicant,owner of record, and designer or sought may be given without nullifying or surveyor. substantially derogating from the intent or purpose of the Ordinance. 10 D. Minor Projects F. Submit RDA from Conservation Commission when - Minor projects,such as decks,sheds,and garages, Continuous Buildable Area is applied for in ZBA shall require only the plan information as indicated with application. an. asterisks("). In some cases further information may be required 10. PLAN OF LAND 11.APPLICATION FILING FEES Each application to the Zoning Board of Appeals shall . Notification fees`Applicant shall provide a the following described Plans 11A. Appl prow be accompanied by n9 � must be submitted with this application to the Town deck or money order to:'Town of North Andover- ClerWs Office and ZBA secretary at least thirty(30}days #022-1760-4&t1'for the cost of first class, certified, prior to the public hearing before the Zoning Board of return receipt($4.42 as of November 2003)x#of all appeals. parties in interest identified in MGLA ch.40A§11 on the abutter's list for the legal notice check. Also,the A set of building elevation plans may be required applicant shall supply first class postage stamps when the application involves new (currently 370)x the#of parties of interest on the constrvctionkonversion/and/or a proposed change abutter's list for the decision mailing. in use. 111B. Mailing labels.Applicant shall provide four(4) 10 A. Major Projects sets of mailing labels no larger than 1"x2-51W(3 copies Major projects are those which involve one of the for the Legal mailing and one copy for the Decision following whether existing or proposed: mailing). I)five or more parking spaces, II)three(3)or more dwelling units, 11C. Administrative fee of$50.00 per application. III)2000 square feet of building area. Major Projects shall require in addition to showing the ► A Variance once granted by the ZBA will lapse in above features, pians must show detailed utilities, soils, 1 (one)year if not exercised and a new petition and topographic information. must be submitted./ TOWN OF NORTH ANDOVER SPECIAL. PERMIT � 64�20ATB ss `jtLEO,6 A.Y 2 L ZONING BOARD OF APPEALS C NAME;'ono ADDRESS OF APPEAL Procedure & Requirements for an Application for a Special Permit Ten(10)copies of the following information nmst be STEP 6• SCHEDULING OF HEARING AND submitted thirty (30)days prior to the first publ a hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information writleisr the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a disrrdssal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rulesand notified that the legal notice has been prepared and the jRegulations and is not meant to supersede therm. 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 pidis 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 Petitioner completes an application form to petition the. BOARD OF APPEALS: Board of Appeals for a Special Permit. Nljrftmation The petitioner dwuld appear in hisJher behalf,or be as required in items 1 through and inciting 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 shalt 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 vAlt be STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's k( The petitioner requests the Assessors Office th 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. STEP 5: SUBMIT APPLICATION: Petitioner submits one(1) original and 10 Xeroor copies STEP 10 RECORDING THE DECISION AND PLANS. of all the required information to the Town CleWs Office The petitioner is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision, Mylar,and any accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 381 Common Office, and the 10 Xerox copies will be left with the St, Lawrence MA,and shall complete the Certification Zoning Board of Appeals secretary. of Recording form and forward it to the Zoning Board of Appeals and the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services 27 Charles Street North Andover, MA 01845 978-688-9501 Town Clerk'saUOffice 978-688-9566 Assessor's Office 978-688-9542 fax for Community Developmerit offices - ti 978-688-9545 Building Department rt7 978-688-9541 Zoning Board of Appeals Office -0 ` ' PAGE 1 of 4 PAGE 2 OF 4 Date &Time Stamp North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 1. Petitioner: *Name, *Address and telephone number: Pacific Main Realty Trust, Albert P. ManziIII , Trustee PO Box 486 North Andover, MA 01845 *The petitioner shall be entered on the legal notice and the decision as entered above: 2. Owners of Land: Nam, Address, telephone number and number of years under this ownership: Pacific Main RealtyTrust Albert P. Manzi III Trustee , Albert P. Manzi Jr. , Trustee POBOX 486 North Andover, MA 01845 Years Owned Land: July 2000 3. Location of Property: a. Street: 82-88 Main Street Zoning District: General Business b. Assessors: Map Number 210-029 Lot Number: 0025 c. Registry of Deeds: Book Number 5812 Page Number: 122 4. Zoning Bylaw Section(s) under which the petition for the Special Permit is made. Relief from including but not limited to Sections 9.1 & 9.2,alteration and extention of a pre-existing non-conforming structure *Refer to the Permit Denial and Zoning Ordinance Plan RrAew as supplied by the Bud ft commissioner. 5. Describe the Special Permit request Relief from including but not limited to an alteration or extension of a pre-existing non-conforming structure.,pursuant to 9. 1 &9. 2 . i i The above description shall be used for the u p purpose of the legal notice and decision. Amore 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 - '-�a�0.,� yrs-'€' €?. a 0- OR-0 ,-•-3s `�, �. s�� a-.. ''s„'>..� a..:§ "a" s.,.'� ' ., ` 3 2' 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Mir mwr m Lot Setback S Ft Sq. Ft Coverage o Feet / Spaces �FrorA Side A Side B Rear % 6B. Proposed Lot(s): t Lot Area Open Space Percent Lot Frontage Parking Minimerm Lot Setback 2Ft. Sq. Ft. Coverage Feet Spaces From Side AA Side B Rte/ 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) I Lot Area Open Space Percent.Lot Frontage Parking Mininnim Lot Setback Sq. Sq. F. Cr— -,ae Feet Spaces Front Side A Side B Rear 7A. Existing Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building' of Units** c 3 � int r Ye- s 'Reference Uses from Bylaws S Table 1. State number of units in bull ft. 7B. Proposed Building(s): Ground Floor Number of Total Use of Number i Square feet Floors Sq.feet Building* of.Units*' �d. 3) /lit i x2cQ U&Iz— G(Q..$1'6QjQ.AAi' 4,Sj0Q&L94 'Reference Uses froniAh6 Zoning Bylaws 8 Table 1. "State number of units in bWkft 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form,which is the officiall form of the Zoning Board of Appeals. Every application shall be filled with the Town Clerk's Office. It shall be the responsillility of**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 dism!0r#by the Zoning Board of this application as incomplete. Signature Type above name(s) here Albert P. Manzi III , JD Trustee Pacific Main Realty Trust PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a *10. B. *Plan Specifications: legibly written or typed memorandum setting forth in 1) Size of plan: Ten (10) paper copies of.a plan not detail all facts relied upon. When requesting a Special to exceed 11"x17", preferred scale of 1"`-40' Permit from the requirements of MGLA ch. 40A, and the M One(1) Mylar. North Andover Zoning By-laws, all cknensional III) Plan prepared by a Registered Professional requirements shall be clearly identified and factually Engineer and/or Land Surveyor, wish a block for g supported. All points, 1-6,are required to be five(5)ZBA signatures and date k0cated on the addressed with this application. Mylar. j *10 C. *Features To Be Included On Plan: 1.The particular use proposed for the land or structure. 1) Site Orientation shall include: 2.The specific site is an appropriate location for such 1. north point use, structure or condition. 2. zoning district(s) 3.There will be no nuisance or senoras hazard to 3. names of streets vehicles or pedestrians. 4. wetlands(if applicable) 4.Adequate and appropriate facilities will be provided 5. abutters of property, within 300' radius for the proper operation of the proposed use. 6. locations of buildings on adjacent properties 5.The use is in harmony with the purpose and intent of t within 50'from applicants proposed structure Zoning Bylaw. 7. deed restrictions, easements. 6. Specific reference and response to the criteria In Legend&Graphic Aids: required by the particular Special Permit for which 1. Proposed features in solid lines&outlined in red this application is made(i.e. the Earth Removal 2. Existing features to be removed in dashed lines Special Permit has unique criteria and submittal 3. Graphic Scales requirements.). 4. Date of Plan 5. Title of Plan 10. PLAN OF LAND 6. Names addresses and phone numbers of the Each application to the Zoning Board of Appeals shall applicant, owner or record, and de*w or be accompanied by the following described plan. Plans surveyor' must be submitted with this application to the.Town Clerk's Office and ZBA secretary at least thirty(30)days 10 D. Mirror Projects prior to the public hearing before the Zoning Board of Minor projects,such as decks,sheds,and garages, appeals shall require only the plan information as indicated with an. asterisks(*). In some cases further irkwaatiau may A set of building elevation plans by a Registered be recµared Architect may be required when Itis application involves new constroction/a corrvenion/and/or a 11. APPLICATION FILING FEES proposed change in use. A. Notation fees: Applicant shall provide a check or money order to: "Town of North Ani- 10 A. Major Projects #022-1760.4841'for the cost of first class,certified, Major projects ro ects are those which involve one of the return receipt($4.42 as of November 2003)x#of all parties in interest identified in MGLA ch.40A§11 on the following whether existing or proposed abutter's list for the legal notice check. Also,the I)five or more parking spaces, II)three(3)or more dwelling units, applicant shall supply first class postage stamps III}2000 square feet of building ane. (currently 37¢)x the#of parties of interest on the abutter's list for the decision mailing. Major Projects shall require that in addition to the above B. Mailing labels: Applicant shallprovidefour(4) features, plans must show detailed ulties, soils, and sets of mailing labels no larger than 1 x2-W(3 copies topographic information. for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of$50.00 per application. ►No. A Special Permit once granted by Ura ZBA will lapse in 2(two)years If not exercised and a new petition aids/be submitted. A- Town of North Andovero< No p*ol,a Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 'ss^C D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 8t'of June, 2004 at 7:30 PM to all parties interested in the appeal of Pacific Main Realty Trust, Albert P. Manzi, III, Trustee, P. O. Box 486, North Andover for premises at: 82-88 Main Street,North Andover requesting dimensional Variance from Section 7, Paragraphs 7.2 for Street Frontage, 7.3 for relief of front and side setbacks, and Section 8.1 for relief from the required number of parking spaces, and Paragraph 8.1.7 for size of parking spaces and width of driveways in order to construct two(2)additional apartment units; and for a Special Permit from Section 9 and Paragraph 9.2 in order to extend pre-existing, non- conforming lot and structure by two(2) additional apartment units. Said premises affected is property with frontage on the North side of Main Street within the GB zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on May 24 & 31, 2004. is ifs 7 rTI Legalnotice 2004-014. M25P25. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535