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HomeMy WebLinkAboutMiscellaneous - 1030 FOREST STREET Town of North Andover ,10RTh OE4,�to yt'�4. Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street �1 oo�reo►A'r.�J North Andover,Massachusetts 01845 'ss�c�+uSEt 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 2003 date of filing of this notice in the office of the Town Clerk. Property at: 1030 Forest Street NAME: John J.,Jr.&Jodi B.Inangelo HEARING(S): July 8,2003 ADDRESS: 1030 Forest Street PETITION: 2003-024 North Andover,MA 01845 TYPING DATE: 7-14-03 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,the 8d'of July,2003 at 7:30 PM in the Senior Center, 120R Main Street,North Andover upon the application of John J.Jr.&Jodi B.Inangelo,1030 Forest Street,North Andover requesting a Special Permit from Section 4,Paragraph 4.121(7)in order to allow the construction of a swimming pool nearer the front property line than the building line of the dwelling. The said premise affected is property with frontage on the Northwest side of Forest Street within the R-1 zoning district. The following members were present: William J. Sullivan,Waiter F. Soule,Ellen P.McIntyre, and Joseph D.LaGrasse. Upon a motion by Walter F.Soule and 2nd by Ellen P.McIntyre,the Board voted to GRANT a Special Permit from Section 4,Paragraph 4.121(7)to allow for the construction of a swimming pool nearer the street than the front building line of the dwelling(66'from the west side abutter,N/F Ming,and 64' from Forest Street)according to the Special Permit Plan, 1030 Forest Street,North Andover,MA,prepared for John Inangelo,Date:June 11,2003 by James S.Franklin,P.L.S.#37046,New England Engineering Services, 60 Beechwood Drive,North Andover,MA,on condition that: 1. The Board requests the applicant to install a landscaped 6' stockade fence on the street and west sides of the pool. 2. The above fencing is in addition to the requirements for North Andover Building Department pool permits. 3. The entire perimeter of the pool will be landscaped. Voting in favor: William J.Sullivan,Walter F.Soule,Ellen P.McIntyre,and Joseph D. LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 4,Paragraph 4.121(7),of the Zoning Bylaw,and that by granting this Special Permit such change,extension,or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. 273 W C 3 iV C-) Pagel of 2 Fri C3 �L C cn 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 Andover * NORTN Office of the Zoning Board of Appeals Community Development and Services Division t 27 Charles Street An° North Andover,Massachusetts 01845 'ss,c,,,,s�` D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 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, tjjL- iL William J.Su ivan,Chairman Decision 2003-024. Page 2 of 2 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 SPECIAL PERMIT ZONING BOARD OF APPEALS PROCEDURE and REQUIREMENTS STEP 6: SCHEDULING OF HEARING AND for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules a SPECIAL PERMIT the applicant fora hearing date and prepares the legal Ten (10) copies of the following information must notice for mailing to the parties in interest(abutters) and be submitted thirty (30) days not later than noon for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the prior to the first public hearing. Failure to submit cost of the Party in Interest fee. the required information within the time periods prescribed may result in a dismissal by the Zoning STEP 7: DELIVERY OF LEGAL NOTICE TO Board of an application as incomplete. NEWSPAPER/PARTY IN INTEREST FEE: The information herein is an abstract of more specific The petitioner picks up the legal notice from the Office requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication. are underlined will be completed by the Town. STEP 1:ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING The petitioner applies for a Building Permit and BOARD OF APPEALS: receivers a Permit Denial form completed by the The petitioner should appear in his/her behalf, or be Building Commissioner. represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner,the Board shall decide on the matter by using Petitioner completes an application form to petition the the information it has otherwise received. Board of Appeals for a Special Permit. All information STEP 9: DECISION: as required in items 1 through and including 11 shall be completed. After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's Step 3: PLAN PREPARATION: decision may be made pursuant to Massachusetts Petitioner submits all of the required plan information as General Laws ch. 40A sec. 17,within twenty(20)days cited in item 10 page 4 of this form. after the decision is filed with the Town Clerk. STEP 4: SUBMIT APPLICATION: Step 10: RECORDING CERTIFICATE OF DECISION Petitioner submits one (1) original of all the required PLANS. information and 10 xerox copies to the ZBA Secretary. The petitioner is responsible for recording certification of The original will be stamped by the Town Clerk the decision and any accompanying plans at the Essex certifying the time and date of filing. The remaining ten County North Registry of Deeds, Lawrence copies will remain at the office of the Zoning Board of Massachusetts, and shall complete the Certification of Appeals secretary. Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest(abutters). r �i S3rri ( f c?-,0 7 rr .. .......... ., IMPORTANT PHONE NUMBERS: r 978-688-9501 Town Clerk's Office ra 978-688-9 15�4 il�in$ l 41 nt 978-688-9 Zoning Board o ppeals Office JUN 1 2 2003 I BOARD OrF APPEALS PAGE 2 OF 4 Date &Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: John J.Inangelo, Jr and Jodi B. Inangelo 1030 Forest Street, North Andover, MA 01845 978-557-9202 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: John J. Inangelo, Jr. and Jodi B. Inangelo 1030 Forest Street, NorthAndover, MA 01845 978-557-9202 Years Owned Land: 5.5 years 3. Location of Property: a. Street: 1030 Forest Street Zoning District R-1 b. Assessors: Map number105n Lot Number: 177 c. Registry of Deeds: Book Number 4937 Page Number: 158 4. By-Law Sections under which the petition for the Special Permit is made. Section 4.121(7) *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: Allow construction of a swimming pool nearer the front/ property line than the building line of the 'dwelling. *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. i i Page3of4 i Application for a SPECIAL PERMIT NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 89,733 — — % 319.76 — 98' 172' 51' 110` House b. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 89,733 — — % 319.76 - 98' 172' 51' 110' house % 64' 66' 182' 102' pool c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back ` Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 87,120 — — % 175.00 — 30' 30' 30' 30' 7. a. Existing Buildings: 105' 10' 10' 10' Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units 1512 2 2500 Residential Dwelling 1 *Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units 1512 2 2500 Residential Dwelling 1 *Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. i 8. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Si nature Type above name (s) here John J, Inangelo, Jr. rpE 4 OF 4 Application for a SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN: detail all facts relied upon. This is required in the case A. Site Orientation shall include: of a Special Permit when the following points, based on 1. North point MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law 2. zoning district(s) and P 9.2 Special Permit Granting Authority shall be clearly 3. names of streets identified and factually supported: Addressing each of the 4. wetlands to be shown on plan (if applicable) below points individually is required with this 5. abutters of property,within 300 foot radius application. 6. location of buildings on adjacent properties within 50'from applicants proposed structure 1. The particular use proposed for the land or structure. 7. deed restrictions, easements 2. The specific she is an appropriate location for such B. Legend&Graphic Aids: use, structure or condition. 1. Proposed features in solid lines&outlined in red 3. There will be no nuisance or serious hazard to 2. Existing features to be removed in dashed lines vehicles or pedestrians. 3. Graphic Scales 4. Adequate and appropriate facilities will be provided for 4. Date of Plan the proper operation of the proposed use. 5. Title of Plan 5. The use is in harmony with the purpose and intent of 6. Names addresses and phone numbers of the the zoning by-law. applicant, owner of record, and designer or 6. Specific reference and response to the criteria surveyor, required by the particular special permit for which this application is made (i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS: Permit respond to criteria and submittal requirements). Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and 10. Plan of Land topographic inforrnation. A set of building elevation and Each a interior of building plans will be required when the application to the Zoning Board of Appeals shall be application involves new construction/conversion and/or a accompanied by the following described plan. Plans must proposed change in use. Elevation plans for minor be submitted with this application to the Town Clerk's projects including decks, sheds,&garages shall be Office and ZBA secretary at least thirty(30)days prior to included with a side view depicted on the plot plan, the public hearing before the Zoning Board of Appeals. which include a ground level elevation 10 A. Major Projects 11. APPLICATION FIUNG FEES Major projects are those which involve one of the following A. Notification Fees:Applicant is to send by certified whether existing or proposed: a)five or more parking mail all legal notices to all abutters, and then spaces, b)three or more dwelling units,and c) 2000 square feet of building area. supply proof of mailing to ZBA secretary. Applicant is Minor projects that are less than the above limits shall to supply stamps(appropriate current postage)for require only the plan information as indicated with mailing of decisions to all parties of interest as identified in MGLA ch.40A in sec. 11 as listed on the asterisks (*) In some cases further information may be application. ZBA Secretary will compute number of required. stamps. B. Applicant is to supply one (1)set of addressed 10 B. Plan Specifications: labels of abutters to ZBA Secretary who will mail a) Size of plan: Ten (10)copies of a plan not to exceed decisions to abutters and parties in interest. 11"x17", preferred scale of 1"=40' C. Administrative fee of$50.00 per aplication. b) Plan prepared by a Registered Professional Engineer I an and or Land surveyor, with a block for five (5)ZBA A Special Permit once granted by the ZBA will lapse signatures and date on mylar. in two (2)years if not exercised and a new petition must be submitted. u Zoning Bylaw Review Form Town Of North Andover Building Department 27 Charles S#,North Andover, MA. 01845 Phone 978-688-9545 Fait;Sfi - $8=9x42 Re aiest: X-133 /�bc�ve �.Povn�,rD moo itis, �9R' Date: a . Please be advised that after review gfyQ#tppii:Ill lion and Pians that your Application'is D NII_D for the following zoningFBYlah M'Asons: n 9 i�,—/ IternNotes A Lot Area item Notes _ F Frontage 1 Lot area insufficient 1 Fronts a insufficient 2 Lot Area Preexisting 2 Fro rifage Complies 3 Lot Area Complies 3 Preexi4ing.frontage q 5 4 Insufficient Information 4 Insufficient Information g lJse 5 No access over Frontage 1 Allowed G Contiguous Building area 2 Not Allowed 1 insufficient Area 3 Use Preexistin _ 2 Com Pies 4 Special`Permit Re aired a4, Preexist]n CBA tie 5 ` 5 insufficient Infgrmation Insufficient Information C Setback Building Height 1 All setbacks complyHei hts Maximum Front Insufficlent Complie3 left Side InsufficientPreexisting Height yc S 4 Right Side insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbaek(s) f _C70verage exceeds maximum 7 Insufficient information 2 Gone a Com les. p Watershed 3 Coverage Preexisting 1 Not in Watershed ,o,$ 4 -insufficient information 2 In Watershed d Sign 3 Lot prior Io 10/24/84 9 4 Zone to be Determined 1 Si n not allowed 2 Si n Com ies 5 Insufficient Information 3 Insufficient Information Historic©istrict (( Parking 1 in jictview re uired N A 1 More Parkin Required 2 Notdistrict3 inscient Information 3 Insufficient Information _. 4 Pre-existin Parki Retrledy for the above is checked Wow. item#_ SlimilliPeirril PFa'lltlni '8041114~.. .__ item Variance Site Plan Review S eclat PermitSetback Variance Access otherttian t~ronta _ Parkin Variance. Fron a Exce tion Lots 0041 Permit Common Drivlot A< Variance ewa eclel PefHift"` Nei r Variance Con r ate Housrn S. `al Permit Variancefor.Sign Continuing careRetirement' pedal' ermlt — Inde erndent Elder Housin See l S iai Permits Zonin Board special Permit Non-Cor►formi Use ZBA Lar a Estate Cando 81--W—mi ePer Earth Removal S eclat_Permit ZBA Planned Deveio meet District it eclat Perrr►it Use Hort Listed ktit Similar Planned Residential S" I Permit Special Permit fqr Si n R-6 Density Special Permit Special permitforpre�tistlng Watershed S ecial Permit nonconformin The above review and attached explanation of such is ba yrn the Plana and information wbmftd No definithae review aril or advice shall be based on verbai'expiahaWe the by Har steal)such verbal explenabons by the applicant serve to provide definitive answers to the above reasons for Any maoanaol misleading lnfcrmation or other si ehk changes to the informal submitteat b the � W be voided atgne the Y PPileant stratfbe rai+nde for this Building Department.The attached documehi tacit Pidn Nam", bo atlachsd by reference. The building department wilt retam it p lsptq,albcurr ptarnixt for'_ f b drM.inGorporated Ft reih application form and begin the pernn prey ess• the above fli You mint file a P p rnk uiiding Department Official Sign Application Received Application Denied Plan Review Narrative The following narrative is provided to further explein;t r sons for DENIAL for the APPLICATION for the property indicated on the reverse side: s -e c.,.> f ADYr ryi' ls, .?� uli+rrd Y,4 OP Referred To: Fire Police Health' Conservation Csni Bt�ertl Plannin Ds rtment d Public Works Other sion Buikiin De { NEW ENGLAND ENGINEERING SERVICES INC June 11,2003 North Andover Board of Appeals 27 Charles Street North Andover,MA 01845 Re: 1030 Forest Street,North Andover Special permit application Dear Mr. Chairman: Please accept this letter as memorandum in support of the application by John Inangelo for a special permit in order to construct a swimming pool nearer to the street than the front property line of the dwelling. The lot as developed is very large and wide with the house set back over 100 feet from the road. The reason for the large setback is the location of the septic system which is located between the house and the roadway.Directly behind the house the land slopes precipitously to a wetland area that is located approximately 75 feet from the rear of the dwelling. This slope is approximately the same distance back from the street from one side of the lot to the other. This slope makes it impossible to construct a pool behind the front line of the existing dwelling. The only suitable location for the pool is on the West side of the driveway. This location provides plenty of room, flat topography, and is shielded from the street and adjacent neighbors by existing vegetation. In addition to the shielding provided by the existing vegetation the applicant is willing to install a 6' stockade fence on the street side of the pool and the west side of the pool to further shield the view of the pool by the neighbors. I will be at your July meeting to discuss this matter. Sincerely, C Benjamin C. Osgo Jr.,EIT 60 BEECHWOOD DRIVE-NORTH ANDOVER,MA 01845-(978)686-1768-(888)359-7645-FAX(978)685-1099 NEW ENGLAND ENGINEERING SERVICES INC 300 FOOT ABUTTERS LIST SUBJECT PROPERTY 1030 FOREST STREET,NORTH ANDOVER MA. ASSESSORS MAP#105D LOT#177 MAP LOT NAME ADDRESS. 105 2 STEPHEN&MAUREEN DALY 990 FOREST STREET NORTH ANDOVER,MA 01845 3 DAVID&CHERYL BARBATO 740 SHARPNERS POND ROAD NORTH ANDOVER,MA 01845 41 MICHAEL&JENIFER AGOSTI 995 FOREST STREET NORTH ANDOVER,MA 01845 55 TODD STEWART 1025 FOREST STREET NORTH ANDOVER,MA 01845 56 HERBERT CUNHA 1015 FOREST STREET NORTH ANDOVER,MA 01845 57 DAVID&SUSAN DONATO 1025 FOREST STREET NORTH ANDOVER,MA 01845 59 FRANK&LISA MING 1000 FOREST STREET NORTH ANDOVER,MA 01845 79 DERRICK DAVIES 980 FOREST STREET NORTH ANDOVER,MA 01845 178 EDWARD&NANCY KROVITZ,III 1050 FOREST STREET NORTH ANDOVER,MA 01845 179 COMMONWEALTH OF MASSACHUSETTS DEPT OF ENVIRONMENTAL MGNT 100 CAMBRIDGE STREET BOSTON,MA 02202 180 DAVID PEASE 1041 FOREST STREET NORTH ANDOVER,MA 01845 181 DAVID SMART 1055 FOREST STREET NORTH ANDOVER,MA 01845 182 14ANS&ELISE RUEKER 725 SHARPNERS POND ROAD NORTH ANDOVER,MA 01845 THIS CERTIFIES THAT ON 6/11/2003, THE APPLICANT PREPARED THIS LIST OF NAMES AND ADDRESSES OF PARTIES OF INTEREST FROM THE RECORDS OF THE ASSESSORS OFFICE Certifie -Date Boar f r orth Andover 60 BEECHWOOD DRIVE-NORTH ANDOVER,MA 01845-(978)686-1768-(888)359-7645-FAX(978)685-1099