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Miscellaneous - 1264 SALEM STREET
Town of North Andover cf NORT#j Office of the Zoning Board of Appeals �:'` ��"�'` Community Development and Services Division 1*0 27 Charles Street �R1 North Andover,Massachusetts 01845 'ss„VTTo ag 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 July,2003 at 7:30 PM to all parties interested in the appeal of Christopher I Brown, 1264 Salem Street,North Andover requesting a Variance from Section 7,Paragraph 7.3 and Table 2 for relief of the rear setback on an existing deck;and a Special Permit from Section 9,Paragraph 9.2 for a pre-existing,non-conforming lot for an existing deck built without registering Variance 116-90 for an open deck at the Registry of Deeds. The said premise affected is property with frontage on the Northeast side of Salem Street within the R 1 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 June 23&30,2003. Legalnotice 2003-026 C C_— .� CD _ COC7 ``... lJ D QD'- ` J~ M"C — <J U1 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 AndoverNORTN of t,..° Office of the Zoning Board of Appeals F? °` ' Community Development and Services Division 27 Charles StreetAna North Andover,Massachusetts 01845 sscC,wst 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. Pro at: 1264 Salem Street NAME: Christopher J.Brown HEARING(S): July 8,2003 ADDRESS: 1264 Salem Street PETITION: 2003-026 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 a of July,2003 at 7:30 PM in the Senior Center, 120R Main Street,North Andover upon the application of Christopher J.Brown,1264 Salem Street,North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the rear setback on an existing deck;and a Special Permit from Section 9,Paragraph 9.2 for a pre-existing,non-conforming lot for an existing deck built without registering Variance 116-90 for an open deck at the Registry of Deeds. The said premise affected is property with frontage on the Northeast side of Salem Street within the R-1 zoning district. The following members were present: William L Sullivan,Walter F.Soule,Ellen P.McIntyre, and Joseph D.LaGrasse. Upon a motion by Joseph D.LaGrasse and 2 d by Walter F.Soule,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of 15'from the rear setback of a pre- existing deck;and a Special Permit from Section 9,Paragraph 9.2 for an existing 30'x18'deck built without recording Variance 116-90 at the North Essex Registry of Deeds on a pre-existing,non-conforming lot per Plan of Land Located in No.Andover,MA.,prepared for Christopher&Prisca Brown, 1264 Salem Street,No.Andover,MA.Date:6/10/-3,6/11/03 by Michael J. Sergi,P.L.S.#33191,Christiansen&Sergi, 160 Summer Street,Haverhill,MA.01830. 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 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. Paget of 2 CD �J r_1 T v 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 NORTH Office of the Zoning Board of Appeals Community Development and Services Division t 27 Charles Street ` *;����p';,���' North Andover,Massachusetts 01845 1ss1cMusEt 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, Witham J. ban,Chairman Attached: 116-90(2 pages). Decision 2003-026. Page 2 of 2 Pte,, c -s` c� :4r Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 97888-9530 Health 978-688-9540 Planning 978-688-9535 NorcrN'� RECD 1V`� G �0*'� 0�"pfl`lER al s')all be filed: ,►..��r. :�,� NOR�t� pN appn� i•, leas �• 0 ter the 35 p�• ,ti,in (70) c:',� 2# Notice �•:' Ac'Hug�, '6 date of fii n ; 01 this '•.+..••' NG in the Office of the Town TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Christopher Brown 1264 Salem Street Date . -August. -15, •1990• • • • • • . N. Andover, MA 01845 116 90 Petition No.. . . . . .- . . . . . . . . . . . . . Date of Hearing. . August 14, 1990 Petition of . . Christopher .Brown Premises affected . . . 1264 Salem, Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of 4h# .Section .4.12,. Paragraph 4.121 and Table 2 of the Zoning Bylaw . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . so as to permit .relief. .of.setback.variance.for. open.de-ck of .appXo:4irpatply. .f.t?'. . . . . . on .the.premises. located.at. 1264 .Salem .Stree;t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .GRANT. . . . . the .variance as requested and hereby authorize the Building Inspector to issue a permit Christopher.Brown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, i Signed rank Chairman . . . . . .Walter. Soule Clerk . . . . . .Raymond Vivenzio. . . . . . . . . . . . . . Anna O'Connor Loin S. R�s� u. . . . . . . . . . . . . . . . . . . . . Board of Appeals 13 T ORT#, 1413R JN ; be {taavER i filed M ��' ' O° ,` �t O � pp Y a0peal „�a.l }} r the 16 �� 35 a �, � Noticef ii o, - LI i1.;C'v t ctt: W 0 ssacHug� the Office of the To Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * Christopher Brown 1 * Petition: #116-90 264 Salem Street * North Andover, MA 01845 * DECISION The Board of Appeals held a public hearing on Tuesday evening, August 14, 1990 upon the application of Christopher Brown requesting a variance from the requirements of Section 4.12, Paragraph 4.121 and Table 2 of the Zoning Bylaw so as to permit relief of setback variance for open deck of approximately 16' on the premises located at 1264 Salem Street. The following members were present and voting: Frank Serio, Jr. , Chairman, Walter Soule, Clerk, Raymond Vivenzio, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on June 20, 1990 and June 27, 1990 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted, unanimously, to GRANT the variance as requested. The Board finds that the granting of this varience will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Dated this 15th day of August, 1990. BOARD OF APPEALS rank erio &r. Chairman /awt � �0 Town of North Andover -,,.' a pORTf/ . Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 1ss�cHusE� 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. Pro a at: 1264 Salem Street NAME: Christopher J.Brown HEARING(S): July 8,2003 ADDRESS: 1264 Salem Street PETITION: 2003-026 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 8`l of July,2003 at 7:30 PM in the Senior Center, 120R MainStreet,North Andover upon the application of Christopher J.Brown,1264 Salem Street,North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the rear setback on an existing deck;and a Special Permit from Section 9,Paragraph 9.2 for a pre-existing,non-conforming lot for an existing deck built without registering Variance 116-90 for an open deck at the Registry of Deeds. The said premise affected is property with frontage on the Northeast side of Salem Street within the R-1 zoning district. The following members were present: William J. Sullivan,Walter F. Soule,Ellen P.McIntyre, and Joseph D.LaGrasse. Upon a motion by Joseph D.LaGrasse and 2nd by Walter F. Soule,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of 151rom the rear setback of a pre- existing deck;and a Special Permit from Section 9,Paragraph 9.2 for an existing 30'x18'deck built without recording Variance 116-90 at the North Essex Registry of Deeds on a pre-existing,non-conforming lot per Plan of Land Located in No.Andover,MA.,prepared for Christopher&Prisca Brown, 1264 Salem Street,No.Andover,MA.Date:6/10%3,6/11/03 by Michael J. Sergi,P.L.S.#33191,Christiansen&Sergi, 160 Summer Street,Haverhill, MA.01830. 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 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. ti a c_ Page 1 of 2 cr 1> cc-; -0 yj r 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 f N°RTH Office of the Zoning Board of Appeals a? •`:' ='' A Community Development and Services Division # i 27 Charles Street *�•;,�,, ,��* North Andover,Massachusetts 01845 Top,�o 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 anew hearing. Town of North Andover Board of Appeals, William I SiAlivan,Chairman Attached: 116-90(2 pages). Decision 2003-026. Page 2 of 2 r� r _{C;<,- c_n c .; lrJ ?- .C' Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 RECD 1�Lp G i o..Noa;y pN a�RjEL L o;��cA" rq ERK apI�eal s'lall be filed I— ,,,,,,L,r, :� NpRW} AZ p0�ER =; ,tl i�� ��p; c^;s «fuer the 1., t ,T of this Notice �'':'4SgcNug�',�` tQ 35 G a+ , G I t i: Cl in the Office of the Town TOWN OF NORTH ANDOVER AU6 Clerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Christopher Brown 1264 Salem Street Date .August -1.5,. .1990. . • • . • . . . . N. Andover, MA 01845 Petition No.. . 116-90 Date of Hearing. . .August 14, 1990 Petition of . . Christopher Brown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . Premises affected . . . 1264 ,Salem Street Referring to the above petition for a variation from the requirements of�tlf .Section_ 4.12,. Paragraph 4.121 and Table 2 of the Zoning Bylaw so as to permit .relief—of.setback.variance.for. .open.deck, .Qt.aPPx.Nilp4t?-Xy. .7.6'. . . . . . on the'.premises. located.at. 1264.Salem .Street. . . . . . . . . . . . . . . . . After a public hearing given on the above date,the Board of Appeals voted to GRANT. . . . . the variance as requested , and hereby authorize the Building Inspector to issue a permit to . . .Christopher Brown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, . Signed rank S io, Jar Chairman . . . . . .Walter. Soule, Clerk. . Ra and Vivenzi.o Ym. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Anna. Q,'Connor. . . . . . . . . Loin;;. :RisSi . . . . . . . . . . . . . . . . . . . . . Board of Appeals �NopTH,� =p ki 00%4Eft eta appeal 35,+pati be filed o m 1� � Atiy i r the 16 c : to vi'st�in ( l�lotice �,� ' n G� ti 1� at.-- cf ;i'::r� Town ,ss tits . � the 0f tic e Of the acHus I t� Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * Christopher Brown 1 * Petition: #116-90 264 Salem Street North Andover, MA 01845 * DECISION The Board of Appeals held a public hearing on Tuesday evening, August 14, 1990 upon the application of Christopher Brown requesting a variance from the requirements of Section 4.12, Paragraph 4.121 and Table 2 of the Zoning Bylaw so as to permit relief of setback variance for open deck of approximately 16' on the premises located at 1264 Salem Street. The following members were present and voting: Frank Serio, Jr. , Chairman, Walter Soule, Clerk, Raymond Vivenzio, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on June 20, 1990 and June 27, 1990 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted, unanimously, to GRANT the variance as requested. The Board finds that the granting of this varience will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Dated this 15th day of August, 1990. BOARD OF APPEALS rank&riol ifr.' Chairman A�� /awt � � 7 TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS a a w 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 for a 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 incom fete. 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 co of the Board's decision will be PY 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 Cleric the decision and any accompanying pians 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). M.�'&�,-..,. ,.,r ,.':5.,-mre .,rr.a,.s,,,.rr:&c�:.;: � .'.,w�:�, ua�-...._x.� 'f`�, �v'�#,�'' °'...mv'S�.-�'�.i .:''� 'au�:r� ",.'.-..a. .,.rii.�•,: IMPORTANT PHONE NUMBERS: 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 2 OF 4 Date&Time Stamp Application for a SPECIAL PERMIT m i 37 North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: z� k Z �:+ 17 ?,uj *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: Years Owned Land: (j+ 3. Location of Property: a. Street: cpC c44v`, Zoning District �` I b. Assessors: Map number O of Number: 187 c. Registry of Deeds: Book Number O5a5'V Page Number: Dl to 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: no tv� *The above description shall be used for theur se of the legal notice and decision. A more detailed description is P Po eg pt required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 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 ide A Side B Rear % 6_2 Me 16 oa 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 �c_t� a00 t 52 9$ 15 oo 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 8 Rear PSS �� Ar A % 1 3 0 3a 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building' of Units RESIDII( TIPCL HOUSE L 5 54() c)pEn DEC15 '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 lay 0 g Pes i Dc'_f m PrL Vb y 0 -p *Reference Use Code numbers and Uses from the Zoning Ordinance. 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 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 R s and ulations may result in a dismissal by the Zoning Board of this application as incomplete. ITILL— Type Si nature above name (s) here CHKiSj-02HEK PyoWbZ III - NOHi{{ °1141 Zoning Bylaw Denial t Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 4S'rACHUS�K Phone 978=688-9545 Fax 978-688-9542 Street: _ ti Ma /Lot: e /o A plicant: s V r + n Request: t tC� foga A0. twwobs 'Zb& C V e.N-5 a Date: _ p Please be advised that after review of your Application and Plans that your Application is DENIED for the following.Zoning Bylaw reasons: Zoning - Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting S 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage , 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required t-(r 3 Preexisting CBA r.S 5 Insufficient Information 4 insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient +- _ l Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district 4 e__15 2 Pa king Complies 3 Insufficient Information 3 Insufficient Information 4 Pre=existing Parkin Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Pian Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit -Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Densitv Special Permit Special Permit preexisting nonconforming Watershed Special Permit The above review and attacheda ' t expl na ion of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. y/ff _ B ilding Department Official Signature Application Received Application nied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: eC),V C �' � � l .���. �cU�(J a-� ��•j`�� ���GDS, �� 14 C- c�>'ck G� / / / !tet-•:cL S c�c;�i� s`/{J-v rCi', i.v r Referred To: [] Fire Police He Ith Conservation onin Board Plannin De artment of Public Works Other Historical Commission BUILDING DEPT 1 i I� Town of North Andover North Andover, MA 01845 To Whom It May Concern, RE: Application for a Special Permit,for deck for 1264 Salem Street 1. The particular use proposed for the land or structure. We are looking to construct a rear open deck on an existing lot. 2. The specific site is an appropriate location for such use, structure or condition. Yes it is, it will be located on the back of the house, where it is very private. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. Our home is so set back and divided by a wooded area that it is not a hazard to vehicles or pedestrians. We are surrounded by wooded area; there are no streets or walkways. The deck would be located on the back of the existing home. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Yes. 5. The use is in harmony with the purpose and intent of the zoning by-law. Yes. 6. Specific reference and response to the criteria required by the particular special permit for which this application is made (i.e. Earth Removal Special permit respond to criteria and submittal requirements). When our house was originally built, zoning required a 1 acre lot. Since then zoning has changed R-1 to a 2 acre minimum. All lots have been built out and expanding a lot size to 2 acres would not be possible. oarH � be filed p N r 35 o,, f�lGtco ori (il tlll� ci o f the -Town 'sSACHUS�s� the Office Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOAR© OF APPEALS * Christopher Brown 1264 Salem Street Petition: #116-90 * North Andover, MA 01845 * DECISION The Board of Appeals held a public hearing on Tuesday evening, August 14, 1990 upon the application of Christopher Brown requesting a variance from the requirements of Section 4.12, Paragraph 4.121 and Table 2 of the Zoning Bylaw so as to permit relief of setback variance for open deck of approximately 16' on the premises located at 1264 Salem Street. The following members were present and voting: Frank Serio, Jr. , Chairman, Walter Soule, Clerk, Raymond Vivenzio, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on June 20, 1990 and June 27, 1990 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted, unanimously, to GRANT the variance as requested. The Board finds that the granting of this varience will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw, Dated this 15th day of August, 1990. BOARD OF APPEALS Al rank erio r.�' Chairman /awt ry1 i 1 3:,� C1-tRK y �oero�,�s `tl, ER ap��=gal -')all be filed ��; , „�,,, �0 �plp0y the �sss ,:,� NpRtEt , ` r .�t• � f0 or t'iis (�lotice ►�SgCNu9;,*" �Q 35 AM ►•►►rv�' ll� the office of the Town TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Christopher Brown 1264 Salem Street Date • -August. -1.5, •1990. . . . . . , . . . N. Andover, MA 01845 Petition No,. . ?16-90. . . . . Date of Hearing. . .�Yu ust 14, 1990 Petition of . . Christopher .Brown Premises affected . . . 126,4 ,Salem, ,Street, Referring to the above petition for a variation from the requirements of 4i6 .Section .4.12,. Paragraph 4.121 and Table 2 of the Zoning Bylaw so as to permit .relief, of .setb.ack .variance . for. open,deck ,o£ .aPPr :KiWt e�y. .7 6'. . . . . . on .the. premises. located, at. 1,264 .Sal:em .Street. . . . . , . . , After a public hearing given on the above date, the Board of Appeals voted to : .GRANT. . . . . the variance as requested . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to Christopher Brown for the construction of the above work, �li�}fS1�tfXOi}IMtr{ X Signed ra�n�k io, Jar!; Chairman Walter. Soule, Clerk Raymond. .Vivenzio . , .Anna. WConnor. . . . . . . . . . . . . . . . . . . . Loui:s. .Ris$in. . . . . Board of Appeals Town of North Andover, Zoning Board of Appeals Parties of Interest/Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or 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, notwithstanding 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." Applicant's property,list by map, parcel,name and address(please print clearly and use black ink.) MAP PARCEL NAME ADDRESS ?Ai5c_,A g Choi sfopher-Bawd —law 5frL6 M Sr. ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 106A ko-�i t x(-,o SALF--en Sr. $ � IN e 1 S Vaw rn w I11P(M A. SALr-m S T: Carr Pc�U I F. 1300 SA L-c- m S;. o Neilson _ ��A� 1312 SAc.Fm S; `b �cn reran r rt> (Yl. I Z� SFS+-�m Sfi- _Ias+�rn ss t v n A : SA M S . a Q19 Sr-,Ie . QQM (F.M.46.�&e.6i jr_r�- ,,Saq Sim ST P'iC.k ftzD, 3ohn H. t�9�t S torn Sl- SBR tZeAIfY S-r., RSB. Gol+tnorr 131 S1}lern Sr ta53 SCu.(-,-Y) T !C146IRn �Nhn is (%3 Forest ST. 13 LJdkins l-PC)IO rY1 _14 Forest Sfi IV t�+(o a( Ltlit K . 1-41 Forest IST, 153 N it2sc Te,- Edi+tq rn• %153 SNiem Sfi'. j THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIGNATURE PAGE I OF I Certified G It t 63 Board or Orth Andover P PAGE 4 OF 4 Application for a SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported b a setting forth in legibly written or typed memorandum se ' y detail all facts 10 C. FE relied upon. This is required in the case FEATURES TO BE INDICATED ON PLAN; Of a Special Permit when the following points, based on A. Site Orientation shall include; MGLA ch. 40A, sec. 9 of the North Andover Zoning By- North point and P 9.2 Special Permit Granting Authority shall be clearly 2• zoning district streets) 3• names of street identified and factually supported: Addressing each of the s below points individually is required with this 4• wetlands to be shown on plan (if applicable) application. 5. abutters of property, within 300 foot radius 6. location of buildings on adjacent properties within 1. The particular use proposed for the land or structure. 50'from applicants proposed structure 2. The specific site is an appropriate location for such 7. deed restrictions, easements use, structure or condition. B. Legend &Graphic Aids: 3. There will be no nuisance or serious hazard to 1• Proposed features in solid lines&outlined in red vehicles or pedestrians. 2. Existing features to be removed in dashed lines 4. Adequate and appropriate facilities will be provided for 3• Graphic Scales the proper operation of the proposed use. 4. Date of Plan 5. The use is in harmony with the purpose and intent of 5• Title of Plan the zoning by-law. 6. Names addresses and phone numbers of the 6. Specific reference and response to the criteria applicant, owner of record, and designer or required by the particular special permit for which this surveyor. application is made (i.e. Earth Removal Special Permit respond to criteria and submittal 10 D. FURTHER REQUIREMENTS: requirements). Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and 10. Plan of Land topographic information. A set of building elevation and Each application to the Zoning Board of Appeals shalt be interior of building plans will be required when the application involves new construction/conversion and/or a accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's proposed change in use. Elevation plans for minor Office and ZBA secretary at least thirty(30) days prior to projects including decks,sheds, garages shall be the public hearing before the Zoning Board of Appeals. included with a side view depicted on the plot plan, 10 A. Major Projects which include a ground level elevation Major projects are those which involve one of the following 11.APPLICATION FILING FEES whether existing or proposed: a)five or more parking A. Notification Fees:Applicant is to send by certified spaces, b)three or more dwelling units, and mail all legal notices to all abutters, and then 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 asterisks (*) In some cases further information may be identified in MGLA ch. 40A in sec. 11 as listed on the required. application. ZBA Secretary will compute number of stamps. B. Applicant is to supply one(1)set of addressed 10 B. Pian Specifications; labels of abutters to ZBA Secretary who will mail a) Size of plan: Ten 00) copies of a plan not to exceed decisions to abutters and parties in interest. 11"x17", preferred scale of 1"=40' C. Administrative fee of00. p 50 $ erapplication. b) Plan prepared by a Registered Professional Engineer MEEMMOMEM 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. ' P, TOWN OF NORTH ANDOVER VARIANCE 2 ZONING BOARD OF APPEALS 'a Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND be submitted thirty U days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest(abutters) at dismissal by the Zoning Board of an application as for publication in the newspaper. The petitioner is incomplete. notified that the legal notice has been prepared and th The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7: DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the OfficE STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence c Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by usi; completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will b cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch.40A sec. 17,within twenty(20)days Petitioner submits one (1)original of all the required after the decision is filed with the Town Cleric. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISlO' certifying the time and date of filing.The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification Appeals secretary. the decision and any accompanying plans at the Esse County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts,and shall complete the Certification o Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information, the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest(abutters). IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office 978-688-9545 Building Department � Jlj1 2003 ear ,- BOARD OF APPEALS Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. P i inner: Na e, address a d telephone number: t�CS 1 z &Lf 5�� 5-�- Cn *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 yearsnder—tis ownershi �112E. l o12 Years Owned Land: J+ -f- i r� 3. Location of Prorty• a. Street: _� IC41% Zoning District b. Assessors: Map numberLot Number: (?'-7c. Registry of Deeds: Book Number d,SyS- Page Number: O:f � 4. Zoning Sections under which the petition for the Variance is made. �� �? ?• ConcC 'TAIc Z 'Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Buiiding Commissioner 5. Describe the Variance request �� ( r s 7e Ctl- 'The above description shall be used for the purpose of thetic-and decision. Amore detailed "ption is required pursuant to the _ Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result In a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not Involve additional items not included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) 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 f A. % /�►_� B. % Page 3 of 4 Application for a VARIANCE Zoning Board of Appeals 6. b. 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 50 30 q} 150 f 5 q Z1�1 c. 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 5 ��o I�(� �. a00 c 2. ci Z 15 oo d. 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 � 1 2�- t113t. 3 � 3o 1 i 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building' r Imo_ RES I D£at I K t-- HOO S e� ` 0 0 540 UFt- tDec 'Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building" ago 40051E 5 40 i 590 off .peck `Reference Uses from the Zoning By-Law.State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance 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 shalt be responsible for all expenses for fill and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result� dis ' I by the Zoni rd of this application as incomplete. Signature Type above name (s) here Md"M Zoning Bylaw Denial Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 r�q3 asgCHUg$� Phone 978488-9545 Fax 978-688-9542 Street: "5A-EV2it ZtziAMa /Lot: A licant: artt � /v Re uest: 11'1e�d �.p�ta es � c e� -J-e` c,. Date: Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: ZoningF7T (Z Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting e-S 2 Frontage Complies 3 Lot Area Complies 3 1 Preexisting frontage L4 r Is 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required ip—'S 3 Preexisting CBA t-S 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies cj 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient +� _ 5 I Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum - 7 insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting `j" S 1 Not in Watershed 4 Insufficient Information 2 In Watershed j sign p 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Com lies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district 4 C-C-5 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parkin Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Fronta e Special Permit Parkina Variance Fronta a Exception Lot Sp ecial Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housin S ecial Permit Special Permit Non-Conforming Use ZBA Lar a Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Densi S ecial Permit Special Permit preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the pians and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. UA �� - LP/--5t, rlding Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application) permit for the property indicated on the reverse side: ,4"0 n r 1 CVeCGI4G Xr C �j j�l1,cL S c'ur�S vc rcQ w a P*7 -�A. - f Referred To: Fire H@01th Policeonin Board Conservation De artment of Public Works Plannin Historical Commission Other BUILDING DEPT Town of North Andover North Andover, MA 01845 To Whom It May Concern, RE: Request for Variance;for deck for 1264 Salem Street A. The particular use proposed for the land or structure. We are requesting a variance on the rear setback dimensional requirement for the purpose of constructing a deck. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the variance is sought which do not affect generally the zoning district in which the property is located. N/A C. Facts which mage up the substantial hardship, financial or otherwise,which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. Without relief a deck of less than 3 feet would only be possible, which does not provide safe egress from the back door. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. The rear side of our house is extremely private. The left side of our house is very wooded area. Our neighbor is located diagonally behind us on the right side of the house and we are separated by woods and would have relatively little impact. There would be no impact on any other family surrounded by us. We are set back from the road by approximately 200 feet. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the zoning bylaw. It is our understanding that the intent of the rear setback requirement is to provide sufficient distance between dwellings in the zoning district. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. N/A I NoRth'� REC�,vL RG , ��� ,�OW►y GL tea! shd all be file : �„„�,,, ;�, NORTH J ctk E a��. ,s a#ger the (20) , ; s AM 9 Notice '�•.`,HU �6 3 cat: Gf ii-:'ng of this No aU� in the Office of the Town TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Christopher Brown 1264 Salem Street Date - .August• •15; •1990• • • • • • • . N. Andover, MA 01845 116 90 Petition No.. . . . . .: . . . . . . . . . . . . . Date of Hearing. . .August 14, 1990 Petition of . . Christopher Brown Premises affected . . . 1264 .Salem, Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of 4bg .Section 4.12, Paragraph 4.121 and Table 2 of the Zoning Bylaw . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit .relief. of.setback.variance.£or. .opeu.dp-r-k of .apprAy, umo -ly. .16`. . . . . . on .the.premises. located.at. 1264 .Salem .Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . GRANT. . . . . the variance as requested and hereby authorize the Building Inspector to issue a permit to . . Christopher Brown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, . Signed , `Frank S io Jar. Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . Walter- Soule,. Clerk . . . . . . . . . . . . . . . . . . . .Raymond Vivenzi.q Anna O'Connor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Loci S. .R3 ssiz�. . . . . . . . . . . . . . . . . . . . . Board of Appeals �� RtiCc.1V��iG i �u 13 NORTH 10� RCS} �ha!I be filed Y appeal „ r the ,6 �� 35 A n .,r ger tice « o, cut, of of the Town t in the &tic e �ss�cr+us� Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS * Christopher Brown 1 * Petition: #116-90 264 Salem Street * North Andover, MA 01845 * DECISION The Board of Appeals held a public hearing on Tuesday evening, August 14, 1990 upon the application of Christopher Brown requesting a variance from the requirements of Section 4.12, Paragraph 4.121 and Table 2 of the Zoning Bylaw so as to permit relief of setback variance for open deck of approximately 16' on the premises located at 1264 Salem Street. The following members were present and voting: Frank Serio, Jr. , Chairman, Walter Soule, Clerk, Raymond Vivenzio, Anna O'Connor and Louis Rissin. The hearing was advertised in the North Andover Citizen on June 20, 1990 and June 27, 1990 and all abutters were notified by regular mail. Upon a motion made by Mr. Vivenzio and seconded by Ms. O'Connor, the Board voted, unanimously, to GRANT the variance as requested. The Board finds that the granting of this varience will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Dated this 15th day of August, 1990. BOARD OF APPEALS rank eriol ifir.° Chairman /awt ' M 4Q �J too" Town of North Andover, Zoning Board of Appeals Parties of Interest/Abutters Listing REQUIREMENT: MGL 40A Section11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly opposite on any public or private street or 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, notwithstanding 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." Applicant's property,list by map,parcel, name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS leis-A ft Chnstopher3rClWo Ia4(d-4 Sim Sr. ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 106A 11 J i _ _la-LQ SRAM Sr- 1-05 'U; 6 1/y"I - -It-sp-ph P 1JL47 :5P Lg m Sr cocLed)(, in warcj C. _12 to 58uc-r,n Sr. Carr . Pra01 F. _ X300 SQ,�m U Nei_ Ism (,A� 1312 SAc,F-m S; jsq G cn Te ao Q , Robe r rte D9. 123-4 SP,#-q-M ST �e�s, lags 5�rn ST ITZ, s Ven -A _12-W SA-LEW S as td 5 le t_., QR IEJ i .Q(�eu�TcST_la$� SIAM ST �►CkArzD inn H. lag 1;BR twAI N, Th RA 8. Ra}l nr,tr: 13l-+ Salem r-� NItzscm-rc, Edith M. PS3 ST Ilrtn> j)enn is rX3 Forest ST. 13 Uilklnc,'. Leta rn 1---+s (yre5f SrIV _ 1+(0 ?�aCre-jt t.,v,(1 Am V1 . _1--1 Fur:eai- Sr 153 N 1 5c TR. ;Edt+t, M• t-253 Sa1em St-- THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIGNATURE PAGE 1 OF Certified �D l Board or orth Andover 5�-- ��:� �0 � p i �- -- { 1 i JI 24* LO 3015T-5 A e o4.) F Jbfk 2* k.•�ct,a.+�.. kart � � f � - J _ i - PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch.40A,Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually supported and addressing 1. North point each of the following points individually is required with this 2. zoning district(s) application. 3. names of streets 4. wetlands to be shown on plan (if applicable) A. The particular use proposed for the land or structure. 5. abutters of property,within 300 foot radius B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within topography of such land or structures especially 50'from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend&Graphic Aids: which the property is located. 1. Proposed features in solid lines&outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise, which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. 6. Names/addresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities,soils, and bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed change in use. Elevation plans for minor projects including decks, sheds, &garages shall be 10. Plan of Land included with a side view depicted on the plot plan, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's 11. APPLICATION FILING FEES Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals. certified mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps(appropriate Major projects are those which involve one of the following current postage)for mailing of decisions to all whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch.40A, spaces, b)three or more dwelling units,and sec. 11 as listed on the application. ZBA Secretary c) 2000 square feet or more of building area. will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one(1)set of addressed require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail asterisks (*). In some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of$50.00 per application. 10 B. Plan Specifications: a) Size of plan: Ten (10) copies of a plan not to exceed 11"x17", preferred scale of 1"=40'. A variance once granted by the ZBA will lapse in b) Plan prepared by a Registered Professional Engineer one (1)year if not exercised and a new petition must and/or Land Surveyor,with a block for five (5)ZBA be submitted. signatures and date indicated on mylar.