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Home My WebLink AboutMiscellaneous - 1187 SALEM STREET ....a. Town of North Andover Town Clerk Time stamp Office of the ZoningBoard of Appeals RECEIVED Community Development and Services DivisionTC1�°�C' '~ � ' j '} 400 Osgood Street North Andover,Massachusetts 01845 2096 JAN 18 P N 10: 5 1 Gerald A. Brown Telephone (978)688-9541Y , Inspector of Buildings Fax (978)688-9542 °* "" spe ��ORT111 A a , d d VASS Av} . Legal Notice North Andover,Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street,North Andover,MA on Tuesday the 14''of February,2006 at 7:30 PM to all parties interested in the appeal of Harry& Bridget Webster,and Donna Huriburt, 1187 Salem Street(Map 106.A Parcel 43),North Andover requesting a Special Permit from Section 4,Paragraph 4.121.17 of the Zoning Bylaw for a Family Suite. Said premise affected is property with frontage on the West side of Salem Street within the R-1 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street,North Andover, MA Monday through Friday from the hours of 8:30 to 4:34PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on January 23 &30, 2006. Legalnotice 2006-002. M106.AP43. 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 Town.Clerk Time Stamp Office of the Zoning Board of AppealsRECEI, ED }• Community Development and Services Division TOWN C' K'Sr �T 400 Osgood Street 1., ��ssACNUStt 9 North Andover,Massachusetts 01845 2006 FEB 28 PM 4, 23 Gerald A. Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 T 0 NORTH ANDOV:-111 MASSrAC .j jC T-re,s Any appeal shall be filed withal! Notice of Decision (20)days atter the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A, §17 Property at: 1187 Salem Street NAME: Harry&Bridget Webster,and HFARING(S): February 14,2006 Donna Huriburt ADDRESS: 1187 Salem Street PETITION: 2006-0002 North Ammer,MA 01845 TYPING DATE: February 17,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,February 14,2006 at 7:30 PM upon the application of Harry&Bridget Webster,and Donna Hurlburt,1187 Salem Street(Map 106.A Parcel 43),North Andover requesting a Special Permit from Section 4,Paragraph 4.121.17 of the Zoning Bylaw for a Family Suite. Said premise affected is property with frontage on the West side of Salem Street within the R-1 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on January 23& 30,2006. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P.Manzi,III,and David R.Webster. The following non-voting members were present: Thomas D. Ippolito,Richard M.Vaillancourt,and Daniel S.Brame. Upon a motion by Joseph D.LaGrasse and 2d by Albert P.Manzi,III,the Board voted to GRANT a Special Permit from Section 4,Paragraph 4.121.17 of the Zoning Bylaw for a Family Suite per: Site: 1187 Salem Stream,North Andover,MA 10845 Site Plan Title: Proposed Site Plan of Land at 1187 Salem St.,N.Andover, Massachusetts,Owner/ cant Harry Webster Date(&Revised Dates): December 23,2005 Registered Professional: Jeffrey S.Hofmann,Professional Land Surveyor#36381 Civil Engineer/Architect/ Robert A.Masys,Registered Professional Engineer#29174 Landscape Architectfland Surveyor With the following conditions: 1. The Family Suite shall not be occupied by anyone except Donna Hurlburt,a parent of the residing owners of the dwelling unit; 2. The Special Permit shall expire at the time that Donna Hurlburt ceases to occupy the family suite; 3. The Special Permit shall expire at the time the premises are conveyed to any person, partnership,trust,corporation or other entity; 4. The applicant by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit,granas the Building Inspector,or his lawful designee,the right to inspect the premises annually. Page 1 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 r r: o Town of North Andover Town Clerk Time Stamp o �ry Office of the Zoning Board of Appeals RECEIVED Community Development and Services Divisi , CLERK'SFFICE 400 Osgood Street ss4cNus� North Andover,Massachusetts 01845 2006 FEB 28 PM 4: 23 Gerald A.Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 f NN iw ORT NOWE p tH e Voting in favor: Ellen P.McIntyre,Joseph D.L.aGrasse,Richard J.Byers,Albert P.Manzi,UL and David R Webster. The Board finds that the applicant has satisfied the provisions of Section 4,Paragraph 4.121.17 of the zoning bylaw in that Donna Hurlburt is the mother of Bridget Webster and that the granting of this Special Permit for a Family Suite shall not be substantially more detrimental than the existing use and structure to the neighborhood.. The Board finds that 1187 Salem Street is an appropriate location for use as a Family Suite for Donna Hurlburt and that this use,as developed,will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians. Adequate and appropriate facilities will be provided for the proper operation of the proposed use and there is adequate off-street parking. The Board finds that this Family Suite is in harmony with the general purpose and intent of 4.121.17. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. 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 nonce,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, IL4— P fn hyv-- Ellen P.McIntyre,Chair Decision 2006-002. M106.AP43 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 TOWN OF NORTH ANDOVER SPECIAL PER I ,7r. 1,YE ZONING BOARD OF APPEALS NAME ADDRESS OF APP L It$�l Sal-CM a Town Clerk Time gaimp t4 if ' Procedure & Requirements for FtA - an Application for a Special Permit Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal 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 Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them.The cost of the Party in Interest fee. petitioner will complete items that are underlined. STEP T• DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf, or be as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petition,the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Boards decision will be STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters),_ General Law ch. 40A sec. 17, within twenty(20)days after the decision is filed with the Town Cleric. STEP 5: SUBMIT APPLICATION: Petitioner submits one (1)original and 10 Xerox copies STEP 10• RECORDING THE DECISION AND PLANS. of all the required information to the Town Clerk's Office The petitioner is responsible for recording certification of to be certified by the Town 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 North Andover Town Hall 400 Osgood Street 120 Main Street North Andover, MA 01845 North Andover, MA 01845 978-688-9542 fax for all Community Development offices 978-688-9545 Building Department 978-688-9501 Town Clerk's Office 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office PAGE 1 of 4 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: M OI 4S G`t�_314"8� l l Y L M N• over Y *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: i Years Owned Land: 14 i 3. Location of Property: a. Street: 1197 Sal" S-3 Zoning District R I b. Assessors: Map number l o6•A Lot Number: 0000. v c. Registry of Deeds: Book Number Page Number. o3--23 4. By-Law Sections under which the petition for the Special Permit is made. "Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: E•u-c r - �-i i,�c E'er�-- � le L/P~ �.c�,Ul7 Q rxa./`�JY►e/� 1 n-L f.�.� �'1c,�s �n �!1 P� L o �;�.,c t� ��P In Or u l f 4- �� -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 of this application. I i Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. 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 Rear 6B. Proposed Lot(s): ^'« c(S Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear o� 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear o� 7A. Existing Building(s): )4, Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units** &^!A Let -C�\ *Reference Uses from the Zoning Bylaws&Table 1. *"State number of units in building. 7B. Proposed Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units** *Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature �-- Type above name(s) here pn�; weL�4'►r� -- r PAGE 4OF4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Special Permit must be supported by a I) Size of plan: Ten (10 ) paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Special II) One(1)Mylar. Permit from the requirements of MGLA ch. 40A, and the IIn Plan prepared by a Registered Professional North Andover Zoning By-taws, all dimensional Engineer and/or Land Surveyor,with a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. All points, 1-6,are required to be Mylar. addressed with this application. *10 C. *Features To Be Included On Plan: f) Site Orientation shall include: 1. The particular use proposed for the land or structure. 1. north point 2. The specific site is an appropriate location for such 2. zoning district (s) use, structure or condition. 3. names of streets 3. There will be no nuisance or serious hazard to 4. wetlands(if applicable) vehicles or pedestrians. 5. abutters of property, within 300' radius 4.Adequate and appropriate facilities will be provided 6. locations of buildings on adjacent properties for the proper operation of the proposed use. within 50'from applicants proposed structure 5.The use is in harmony with the purpose and intent of t 7. deed restrictions, easements. Zoning Bylaw. In Legend&Graphic Aids: 6. Specific reference and response to the criteria 1. Proposed features in solid lines &outlined in red required by the particular Special Permit for which 2. Existing features to be removed in dashed lines this application is made (i.e.the Earth Removal 3. Graphic Scales Special Permit has unique criteria and submittal 4. Date of Plan requirements.). 5. Title of Plan 6. Names addresses and phone numbers of the 10. PLAN OF LAND applicant, owner or record, and designer or Each application to the Zoning Board of Appeals shall surveyor. be accompanied by the following described plan. Plans 10 D. Minor Projects must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days Minor projects, such as decks, sheds, and garages, prior to the public hearing before the Zoning Board of shall require only the plan information as indicated with appeals. an. asterisks(*). In some cases further information may be required A set of building elevation plans by a Registered Architect may be required when the application 11. APPLICATION FILING FEES involves new construction/a conversion/and/or a A. Notification fees: Applicant shall provide a proposed change in use. check or money order to: "Town of North Andover- #022-1760-4841"for the cost of first class, certified, 10 A. Major Projects return receipt ($4.42 as of November 2003)x#of all identified ' . 4 1 n the parties in interest identr in MGLA ch OA 1 a Major projects are those which involve one of the abutter's list for the legal notice check. Also, the following whether existing or proposed: applicant shall supply first class postage stamps 1 five more parking spaces, (currently 37¢) x the#of parties of interest on the I)threea (3) or more dwelling units, abutter's list for the decision mailing. 11402000 square feet of building area. B, Mailing labels: Applicant shall provide four(4) sets of mailing labels no larger than 1"x2-5/8" (3 copies Major Projects shall require that in addition to the above for the Legal mailing and one copy for the Decision features, plans must show detailed utilities, soils, and mailing). !opographic information. C. See 2005 Revised Fee Schedule. 4-444 A Special Permit once granted by the ZBA will lapse in 2(two) years if not exercised and a new petition must be submitted. E-E-FF WRITTEN DOCUMENTATION TO: North Andover Zoning Board of Appeals FROM: Harry and Bridget Webster/Donna Hurlburt 1187 Salem St,North Andover MA 01845 DATE: January 4,2006 SUBJECT: Section 9- Special Permit Application,Point 1-6 L We are requesting a special permit for an in-law apartment at our home located at 1187 Salem Street in the town of North Andover. Living at this residence are Harry and Bridget Webster,their two children, and Donna Hurlburt(mother of Bridget Webster). The in-law apartment we are currently seeking a special permit for had been present prior the purchase of the residence in 1991. Due to fire damage that occurred to the in-law apartment on September, 16,2005 we had commenced interior rehabilitation. At this time we were alerted by the North Andover Building Department that a special permit would be needed to complete the rehabilitation. The actual request for the in-law apartment requires no actual structural changes to the building or land. 2. The specific site is appropriate for the special permit which we are seeking. There will not be any actual changes to the property that would deem site inappropriate. 3. There will be no nuisance or serious hazard to vehicles or pedestrians because we are not making any exterior changes to the home. The exterior(and interior)will remain unchanged and has been free from nuisance and serious hazard since purchase 14 years ago. 4. Adequate and appropriate facilities have been in place for the proposed special permit request of an in-law apartment. This in-law apartment has physically been present with adequate and appropriate facilities since home purchase back in 1991. 5. The use is in harmony with the purpose and intent of the zoning bylaw because our request is for a single family residence with an in-law apartment. We currently live together as a family and have no intentions of using this in-law as a source of rental income. 6. This special permit request does not contain unique criteria such as earth removal, erosion control, or dust control. No special written documentation is required for the aforementioned criteria. Abutter to Abutter( x ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT. IvlGt_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." Subiect Property: MAP PARCEL Name Address 106.A 43 Donna Hurlburt 1187 Salem Street North Andover, MA 0 Abutters Properties MAP PARCEL Name Address 106.A 42 Andrea Hennessy 1160 Salem Street North Andover, MA 0 106.A 50 Susan D'Antonio 1155 Salem Street North Andover, MA 0 106.A 88 Edward Hajjar 1200 Salem Street North Andover, MA 0 106.A 118 Richard Anderson 1225 Salem Street North Andover, MA 0 106.A 119 Willis Larson 1213 Salem Street North Andover, MA 0 106.A 121 Kathleen Rohde 1190 Salem Street North Andover, MA 0 106.A 133 Edith Nitzsche Trustee 1253 Salem Street North Andover, MA 0 106.A 181 Edward Hanley 1212 Salem Street North Andover, MA 0 106.A 182 Carl Gustenhoven 1216 Salem Street North Andover, MA 0 106.A 183 Peter Gabriel 1220 Salem Street North Andover, MA 0 106.0 3 Commonwealth of Massachusetts 100 Cambridge Street North Andover, MA 0 106.0 4 Commonwealth of Massachusetts 100 Cambridge Street North Andover, MA 0 106.0 5 Commonwealth of Massachusetts 100 Cambridge Street North Andover, MA 0 page 1 of 1 This certifies that the names appearing on the records of the A72C5C;jz1-- essors Office as of Certified by: '.Date/z i3 2azs MASSACHUSETTS QUITCLAIM DEEDBK 6522 PG 323 1,Donna Huriburt,of North Andover,Essex County,Massachusetts,for consideration of less than one hundred dollars,grant to Donna Hurlburt,a one-half interest,and Harry Webster and Bridget Webster, husband and wife,a one-half interest,both halves being held as joint tenants with the right of survivorship of 1187 Salem Street,North Andover,Essex County,Muawgiuse#ts, with quitclaim covenants the following property in Essex,Massachusetts. A certain tract of lana,with all the buildings thereon, situated m North Andover,Essex County,Massachusetts,being shown as lot#2 on a plan of land entitled: "Plan of a Portion of Salem Forest,North Andover,Mass.,scale 1"equals MY,January 27, 1969,drawn by Raymond C.Pressey,Inc.,Reg.Land Surveyors,Lynn,Mass.Owned by George C.Farr" and recorded with Essex North District Registry of Deeds as Plan#5982,to which reference is hereby made for a more complete description of said Lot#2. Containing 46,000 square fit,more or less,according to said plan. Subject to an easement to the New England Power Co. as recorded in said Registry of Deeds and to a right of way as shown on said plane For Grantor's title, see deed recorded at the Essex North District Registry of Deeds at Book 3291, Page 120. Witness my/our hand(s)and seal{s}this 7 DL day of Idoy F zoo t _ &7wAAA DEC 5 VI PH12:54 Commonwealth of Mssachneetts ss: — ov 30 .2001 Then personally appeared the above-named Donn Hudburt and ac foregoing instrument to be her free act and deed before me. Notary Public: thto My Commission Expires: i n_ ni 1200.5%-_ PROPERTY ADDRESS 1187 Salem Street North Andover,Massachusetts 01845 I lest��t�cnrai�+t Ong��Sgcaanl MA ataur IQL b