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HomeMy WebLinkAboutMiscellaneous - 1514 SALEM STREET Town of North Andover of NaRTM , Office of the Zoning Board of Appeals Community Development and Services Division 11 • 271 •i r Char es Street North Andover,Massachusetts 01845 'ss,�„ustt j Telephone D. Robert Nicetta 978 p ( )688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Property at: 1514 Salem Street NAME: Jennifer and Geoffrey Neiley HEARING(S): July 13&August 10,2004 ADDRESS: 1514 Salem Street PETITION: 2004-018 Variance& 2004-023 S ial Permit North Andover,MA 01845 1 TYPING DATE: August 11,2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,August 10, 2004 at 7:30 PM upon the application of North Andover requesting Jennifer&Geoffrey Neiley,1514 Salem Street,North Andover,MA,requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 for relief of the left side and rear setbacks in order to construct a proposed 1-story garage and enclosed breezeway. The said premise affected is property with frontage on the East side of Salem Street within the R-1 zoning district. The legal notices for the Variance were published in the Eagle Tribune on June 28&July 5,2004. Also,Jennifer and Geoffrey Neiley,1514 Salem Street,North Andover,MA requesting a Special Permit from Section 9,Paragraph 9.1 in order to allow a pre-existing building to be extended on a legal non-conforming lot. The said premise affected is property with frontage on the East side of Salem Street within the R-1 zoning district. The legal notices were published in the Eagle Tribune on July 26&August 2,2004. The following members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Albert P.Manzi,III. Upon a motion by Joseph D.LaGrasse and 2nd by Richard J.Byers the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 for relief of 10.75'from the left sick; setback and 22.85' from the rear setback in order to construct a proposed 1-story garage and enclose(C" breezeway;and upon a motion by Joseph D.LaGrasse and 2nd by Richard J.Byers the Board voted to = GRANT a Special Permit from Section 9,Paragraph 9.1 in order to allow a pre-existing building to extended by a one-story attached garage and breezeway on a legal non-conforming lot per Plan of Land in ` North Andover,MA.,prepared for owner/applicant Geoff Neiley, 1514 Salem Street,North Andover Date: June 8,2004 by Stephen E. Stapinski,R.L.S.#29876,Merrimack Engineering Services,66 Park° Street,Andover,Massachusetts 01810 and Proposed 1 Story Garage with Breezeway, 1514 Salem Stregt, N.Andover,MA,Date 30-Mar-04 by G Neiley,JNG Design,N Andover,Massachusetts 01845,3 sheet. With the following conditions: w 1. The existing shed shall be removed from the property. 2. The north side lot line behind the garage shall be screened by five(5)evergreen shrubs or trees not less than five(5)feet in height at the time of planting,10'on center. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Albert P.Manzi,III. The Board finds that the uneven,hilly topography of this applicant's parcel has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw in that the granting of this variance will not adversely affect the north abutting parcel or the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Pagel 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 a NORTH Office of the Zoning Board of Appeals d.°°A Community Development and Services Division ; 27 Charles Street " +. North Andover,Massachusetts 01845 'Ss�cNusE� 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, Ellen P.McIntyre,Chair Decision 2004-018 Variance& 2004-023 Special Permit M106AP27 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 t 14ORTH o " +ti (Office of the Zoning Board of Appeals 0 „ Calm unity Development and Services Division * I 27 Charles Street North Andover, Massachusetts 01845 ''s,cNug�t L D Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Property at: 1514 Salem Street NAME: Jennifer and Geoffrey Neiley HEARING(S): July 13&August 10,2004 ADDRESS: 1514 Salem Street PETITION: 2004-018 Variance& 2004-023 Special Permit North Andover,MA 01845 TYPING DATE: August 11,2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,August 10, 2004 at 7:30 PM upon the applicationyof North Andover requesting Jennifer&Geoffrey Neiley, 1514 Salem Street,North Andover,MA,requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 for relief of the left side and rear setbacks in order to construct a proposed 1-story garage and enclosed breezeway. The said premise affected is property with frontage on the East side of Salem Street within the R-1 zoning district. The legal notices for the Variance were published in the Eagle Tribune on June 28&July 5,2004. Also,Jennifer and Geoffrey Neiley,1514 Salem Street,North Andover,MA requesting a Special Permit from Section 9,Paragraph 9.1 in order to allow a pre-existing building to be extended on a legal non-conforming lot. The said premise affected is property with frontage on the East side of Salem Street within the R-1 zoning district. The legal notices were published in the Eagle Tribune on July 26&August 2,2004. The following members were present: Ellen P.McIntyre,Joseph D. LaGrasse,Richard J.Byers, and Albert P. Manzi,III. Upon a motion by Joseph D.LaGrasse and 2❑d by Richard J.Byers the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 for relief of 10.75'from the left si&-,, setback and 22.85' from the rear setback in order to construct a proposed I-story garage and enclosed'- breezeway;and upon a motion by Joseph D. LaGrasse and 2°d by Richard J.Byers the Board voted to GRANT a Special Permit from Section 9,Paragraph 9.1 in order to allow a pre-existing building to�e extended by a one-story attached garage and breezeway on a legal non-conforming lot per Plan of Land in North Andover,MA.,prepared for owner/applicant Geoff Neiley, 1514 Salem Street,North Andover,,T Date: June 8,2004 by Stephen E. Stapinski,R.L.S. #29876,Merrimack Engineering Services,66 Park' Street,Andover,Massachusetts 01810 and Proposed 1 Story Garage with Breezeway, 1514 Salem Street, N. Andover,MA,Date 30-Mar-04 by G Neiley,JNG Design,N Andover,Massachusetts 01845,3 shegtP. With the following conditions: LIJ 1. The existing shed shall be removed from the property. 2. The north side lot line behind the garage shall be screened by five(5)evergreen shrubs or trees not less than five(5)feet in height at the time of planting,10'on center. Voting in favor: Ellen P. McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Albert P. Manzi,111. The Board finds that the uneven,hilly topography of this applicant's parcel has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw in that the granting of this variance will not adversely affect the north abutting parcel or the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Pagel 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 NORr„ Office of the Zoning Board of Appeals "; °A Community Development and Services Division !; 27 Charles Street North Andover,Massachusetts 01845 CHU 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 ft 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, r _ ` t Ellen P.McIntyre,Chair Decision 2004-018 Variance& 2004-023 Special Permit M106AP27 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 Andoverat�Lao r�,,� Office of the Zoning Board of Appeals �r•b' " ''°A Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 'ss^c► t 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 13`h of July 2004 at 7:30 PM to all parties interested in the appeal of Jennifer& Geoffrey Neiley, 1514 Salem Street,North Andover, MA, requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the left side and rear setbacks in order to construct a proposed 1-story garage and enclosed breezeway. The said premise affected is property with frontage on the East 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 Ellen P. McIntyre, Chairman Published in the Eagle Tribune on June 28 &July 5, 2004. Le alnotice 2004-018. g _ M106AP27. tJ III III I iV 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 , NORTH p,,,*a ,,1.y Office of the Zoning Board of Appeals F? °i'' Community Development and Services Division 27 Charles Street `�° • _ .'''` North Andover,Massachusetts 01845 'ss�c►m�E` 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 10d'of August,2004 at 7:30 PM to all parties interested in the appeal of Jennifer and Geoffrey Neiley, 1514 Salem Street,North Andover, requesting a Special Permit from Section 9, Paragraph 9.1 in order to allow a pre-existing building to be extended on a legal non-conforming lot. The said premise affected is property with frontage on the East 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 Ellen P. McIntyre, Chair Published in the Eagle Tribune on July 26 &August 2, 2004. Legalnotice 2004-023. ` M106AP27. e 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 of y1ORTH, .o Office of the Zoning Board of Appeals Community Development and Services Division ; 27 Charles Street North Andover, Massachusetts 01845 4SS�CHuSEt D. Robert Nicetta Telephone (978)688-9541 Building Commissioner Fax (978)688-9542 Date D TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the Northt` Andover Zoning Board of Appeals to make a decision regarding the granting of a �- Varian pecial Permit Comprehensive Permit (40B) Finding for property located at: STREET: MAP: (� PARCEL: a 7_ TOWN: fo TO MEETING DATE(S): / NAME OF PETITIONER: e res 2 Signed: /Pet' i petit' ne s represe tive) I J U L 1 3 2004 VER Board of Ap eals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Stealth 978-688-9540 Planning 978-688-9535 BOARD OF APPEALS TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS NAME : e cAtAJ Te�&V\ , enc- sSAtH�s�'.. ADDRESS OF APPEAL I,;- l sa Procedure & Requirements for an Application for a Special Permit Ten(10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty ( 0)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 fora 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 7: DELIVERY OF LEGAL NOTICE TO STEP 1:ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a.Pennit Denial form completed by the Codes of the Zoning Board of Appeals and delivers the legal p Administrator. notice to the lodal newspaper for publication. STEP 2: .SPECIAL PERMIT APPLICATION FORM: STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application foran 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 petitioner, the Board shall decide on the matter by using STEP3: PLAN PREPARATION: the information' t has otherwise receive. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's The petitioner requests from the Assessors Office a decision may be made pursuant to Massachusetts certified list of Parties in Interest(abutters). General Law ch. 40A sec. 17, within twenty(20) days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one (1)original and 10 Xerox copies STEP 10: RECORDING CERTIFICATE OF DECISION of all the required information to the Town Clerk's Office PLANS• to be certified by the Town Clerk with the time and date The petitioner is responsible for recording certification of of filing. The original will be left at the Town Clerk's the decision and any accompanying plans at the Essex Office, and the 10 Xerox copies will be left with the County North Registry of Deeds, 381 Common St., Zoning Board of Appeals secretary. Lawrence MA,and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. 'Y IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev & Services _ 27 Charles Street North Andover, MA 01845 978-688-9501 Town Clerk's Office c 978-688-9566 Assessor's Office r 978-688-9542 fax for Community Development offices 77 978-688-9545 Building Department C) 978-688-9541 Zoning Board of Appeals Office PANE 1 of 4 PAGE 2 OF 4 Date & Time Stamp Applimbowfor a SPEC{AL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: e LAVA, v— clic �ecs �e N�, 1 e I� Scq e c vt I N • K L Kirit M 4 a 1 � ,q S (a? $ ) 7zS8 - 5_ .4 (1 -S *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: c v%vier czw� eoy-e N C I e 11314 S' ( S4 �J - .4VAa<5 ver MA o I G 4 S C C17 z S 8 — S 4 6 S Years Owned Land: 3. Location of Property: a. Street: 1 S i Sct to 4 S�r*-f+Zoning District b. Assessors: Map number t a6 A Lot Numbly: 2 7 c. Registry of Deeds: Book Number Z 3 —Page Number: 4 I. By-LawSections under which the petition for the Special Permit is made. Refer to the Permit Denial and Zoning By4-aw Plan Review as supplied by the Building Commissioner. Describe the Special Permit request: ow re e . S � 6 eyJeveLoj c l _1'evk v�-— C_ 40 f-vAA d ev\ C( Sr ,r-ee�e 1 ie above description shall be used for the u P purpose of the legal notice and decision. Amore detailed description is iuired pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. i Page 3 of 4 Application for a SPECIAL PERMIT ( @RTH AiVDOVER ZQNIPdG BOARD ®P APPEALS !Exlsting 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 `77 .50 % i I _z iI. 1,S3 3 Lacs.2 3, 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 I % f i c. Required Lot: (As required by Zoning By-Law) j i j Lot Area Open Space Percent Lot Frontage Parking * MinimumLot set Back ( Sq. Ft. Sq. Ft. Coverage . Feet Spaces Front Side A Side B Rear r 87120 NI/ Ai ,4 % 17S Z 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* rr ) of Units *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 '�► �'�CK'64� uci�retG��� *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 furish 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 and R esan Regu! do may result in a dismissal by the Zoning Board of this application as incomplete. Signature W Type above name s) here E'd �' �, AJCC to -1L �e r � � PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a *10. B. *Plan Specifications: legibly written or typed memorandum setting forth in 1) Size of plan: Ten (10) paper copies of a plan not detail all facts relied upon. When requesting a Special to exceed 11"x17', preferred scale of 1"=40' , Permit from the requirements of MGLA ch. 40A, and the In One(1) Mylar. North Andover Zoning By-laws, all dimensional III) Plan prepared by a Registered Professional requirements shall be clearly identified and factually Engineer and/or Land Surveyor, with a block for supported. Each point, 1-6 individually, is required five(5)ZBA signatures and date indicated on the to be addressed with this application. Mylar. *10 C. *Features To Be Included On Plan: 1. The particular use proposed for the land or structure. n Site Orientation shall include: 2. The specific site is an appropriate location for such 1. north point use, structure or condition. 2. zoning district(s) 3. There will be no nuisance or serious hazard to 3. names of streets vehicles or pedestrians. 4. wetlands(if applicable) 4.Adequate and appropriate facilities will be provided 5. abutters of property, within 300' radius for the proper operation of the proposed use. 6. locations of buildings on adjacent properties 5. The use is in harmony with the purpose and intent of t within 50'from applicants proposed structure Zoning Bylaw. 7. deed restrictions, easements. 6. Specific reference and response to the criteria Legend& Graphic Aids: required by the particular Special Permit for which 1. Proposed features in solid lines&outlined in red this application is made(i.e. the Earth Removal 2. Existing features to be removed in dashed lines Special Permit has unique criteria and submittal 3. Graphic Scales. requirements.). 4. Date of Plan 5. Title of Plan 10. PLAN OF LAND 6. Names addresses and phone numbers of the Each application to the Zoning Board of Appeals shall applicant, owner or record, and designer or be accompanied by the following described plan. Plans surveyor. must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty(30)days 10 D. M1mor Projects prior to the public hearing before the Zoning Board of Minor projects,such as decks,sheds,and garages, appeals. shall require only the plan information as indicated with an. asterisks/* . In some cases further information may A set of building elevation plans may be required be required when the application involves new construction/conversion/and/or a proposed change 11. APPLICATION FILING FEES in use. A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover- 10 A. Major Projects #022-1760-4841"for the cost of first class,certified, Major projects are those which involve one of the return receipt($4.42 as of November 2003)x#of all following whether existing or proposed: parties in interest identified in MGLA ch. 40A§11 on the I)five or more parking spaces, abutter's list for the legal notice check. Also, the H) three(3)or more dwelling units, applicant shall supply first class postage stamps H)2000 square feet of building area. (currently 37¢)x the#of parties of interest on the abutter's list for the decision mailing. Major Projects shall require that in addition to the above B. Mailing labels: Applicant shall provide four(4)sets of mailing labels-no larger than 1"x2-5/8" (3 copies features, plans must show detailed utilities, soils, and for the Legal mailing and one copy for the Decision topographic information. mailing). C. Administrative fee of$50.00 per application. ►►►► A Special Permit once granted by the ZBA will lapse in 2(two)years if not exercised and a new petition must be submitted. .4 4 t Geoffrey and Jennifer Neiley 1514 Salem Street North Andover,MA 01845 978-258-5465 jenandgeoff@comcast.net Town of North Andover Zoning Board of Appeals July 14,2004 Re: Request for Special Permit Section 9.1 1.The particular use proposed for the land or structure: We are requesting a special permit to allow a pre-existing building to be extended on a legal non-conforming lot.The proposal is to replace an existing dilapidated shed with a 1-story,2- car garage with an attached enclosed breezeway. 2. The specific site is an appropriate location for such use,structure or condition. The size/shape of our land and the placement of our house make building the garage to the left of the house the only practical option. Other locations are limited by the following and are referenced in Figure A,Page 3 of this document: • Rear: Upward grade and inaccessible to driveway • Front: Septic tank and leach field • Right: Inaccessible due to steep upward grade from street 3.There will be no nuisance or serious hazard to vehicles or pedestrians. The proposed site is set-back from the street by 175 feet;therefore it will not pose a nuisance or hazard to vehicles or pedestrians.The proposed site is to be placed in approximately the same location as the currently used parking spaces. 4.Adequate facilities will be provided for the proper operation of the proposed use. The pavement driveway will be extended so that the site can be properly access by vehicles. Electrical power will be connected to the site in order to provide electricity for proper lighting and other power requirements.There is no proposed water,sewer or heating to this facility as its purpose if for storage and shelter for vehicles. 5.The use is in harmony with the purpose and intent of the zoning by-law. We will be replacing a dilapidated shed that is in the current location. The garage will be primarily to the northwest.The adjacent neighbor's house is to the northeast. The length of the garage would extend into a wooded area that would screen the structure from the neighbor's house.There are no other buildings in the general vicinity. Our driveway currently terminates where the garage will reside and set-back from Salem Street is 175 feet which also minimizes the impact of the addition from the street. Page I of 3 t The garage is designed to minimize its front profile in order to compliment the size of the existing residence. Most homes in the neighborhood have garages.This addition will help our house match the other residences in the neighborhood in both style and value. We are not encroaching on any existing structure or neighboring structure.The nearest house to the northwest is three lots away,with a short front set-back and is screened by trees.The houses on the adjacent two lots to the northwest have significantly greater front set-backs than our house.There are trees between the house to the northeast and our proposed structure. The house on the lot to the southeast has a significantly smaller front set-back than our house.There are also trees between our house and this house. 5. Specific reference and response to the criteria required by the particular special permit for which this special permit is made. We are requesting a special permit to allow a pre-existing building to be extended on a legal non-conforming lot. We would like to add a garage to the existing house. Currently, there is no shelter for our vehicles or shelter for us to access those vehicles.The current driveway is a single car width. This forces excess movement of vehicles when the inner vehicle needs to exit.The 2-car garage allows the cars to be accessible simultaneously.The garage will also be used as storage as we are removing the shed,which currently houses trash barrels and lawn,garden and home improvement equipment.The enclosed breezeway will provide a location for isolating dirt and water that is inevitably transferred indoors.The current configuration of the house brings this material directly into the family room causing excess ware on the living space. Finally,most homes in the neighborhood have garages.This addition will help our house match the other residences in the neighborhood in both style and value. Thank you for your consideration. Please contact us with any questions or concerns. LSinc el qeofevy'C. G Neiley, III ennifer D. Neiley Page 2 of 3 -f z X7 , LAJ r N71'1 rl5"E---�°- +78.Q1' 3.83 ' �lVcol w %x;61, 131.2' �. ' � H PROP. 1 STORY 2 STORY `-!GARAGE VATH W.F.D- ENCLOSED BREEZEWAY �. #1514SEE DETAIL Q,' T 41 o c.. 414 L(e)T A AREA=77 25th S. qg�� 8 7 6 5 / 3 2 I REVISIONS REY DESCRIPTION DATE APPR. D D C C 8 8 A A xxw aamKsx[unu NOTICE OF PROPRIETARY INFORMATIOAPPROVALS DATE TITLE: JNG DESIGN eiKxaxxs Ax[ix ncas. —�--�' iOLEAANCES HN p[tlxx ax WtlrD IanWflq tg1lx�Kx DAAWX GNEILEY 30-Mxr-O/ PROPOSED I STORY GARAGE X:ANDOVER. MASSACHUSETTS 01815 DECIMALS ANGLES Kuu n rK sa[x+a[Kr a m Km++uaK. THIRD ANGLE PROJECTION ra o�ataK[a rxu iaax+un xas xa CHECX IO-Mar-0/ WITH BAEAIWAY R f 0.I t I.0 casrrtmt nt at ut a rKs a nr mWr DWG SPIE DNG N0. REY PRO/ENGINEER GENERIC:IC: ,1(N t 0.03 nxKs rKxnx.nlxuu°x'°Krxwais ENGR. 30-Mer-0/ 1514 SALEM STREET, N. ANDOVER, MA C 1 51 4SALEM laawna a rK r n iatKx€xwsr BTU GLOBAL\STANDARDS\ST 111AT1EL0110 K nuiKo a 0.112 brio+=n a PROD. SCAIE: 0.013 SHEET I OF 3 0 T 6 5 4 3 2 I 5 - 4 3 2 I D D c c 19.00 .50 .50 13.00 18.003.000 .500 8.00 ®1.000— 3.500 10.000 8.000 7.500 3.50 D 3.000 13.00 7.000 3.00 3.00 28.000 2.00 9.000 3.50 26.00 10.50 A A JNG DESIGN M.ANDOVER.MASSACHSETTS 01615 DWG S12E DWG N0. c 15145ALEM SCALE: 0.013 SHEET-2--O-F4 8 7 6 S 4 3 2 I 4 3 2 I 13.00 ® 28.00 13.00 9.00 c 8.00 c 9.50 = F I.33--� 67 1.50 9.00 3.00 26.00 SECTION AAAA ■ AA—dq B B Frl ao01,1010 � oaa i 8.DD i A 13.000 3,50 AA 4.00 I.00 10.50 JNG DESIGN N. ANDOVER,MASSACHUSETTS 01545 DWG SIZE DWG N0. FC 1514SALEM SCAIE: 0.017 sxEEi)Ot) B 7 8 S 4 3 2 I Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning I Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used M this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name " A dre s 106.A 27 Geoffrey&Jen Nefley 1514 Salem Street North Andover,MA 01845 Abutters Properties Map Parcel Name Address 106.A 17 John Reid 1500 Salem Street North Andover,MA 01845 106.A 28 Richard Francol)a 1510 Salem Street North Andover,MA 01845 106.A 30 Ashish Shah 1499 Salem Street North Andover,MA 01845 106.A 37 James DiSimone 1504 Salem Street North Andover,MA 01845 106.A 91 James Noel 1532 Salem Street North Andover,MA 01845 106.A 149 Richard Laviska 1472 Salem Street North Andover,MA 01845 v 106.A 189 Robin Barclay 425 Forest Street North Andover,MA 01845 106.A 208 James Hartigan 1507 Salem Street North Andover,MA 01845 106.A 209 Thomas Flaherty Trustee 1515 Salem Street North Andover,MA 01845 106.A 216 Howard&Marguerite Cooper 57 Long Pasture Road North Andover,MA 01845 106.6 1 Sylvia Konopka 1535 Salem Street North Andover,MA 01845 106.8 2 Donald Deadder 1557 Salem Street North Andover,MA 01845 106.6 53 Keith Pryor 1542 Salem Street North Andover,MA 01845 106.B 54 Henry Smith Jr 1550 Salem Street North Andover,MA 01845 106.6 221 James Vitas 60 Long Pasture Road North Andover,MA 01845 Page 1 of 1 This certifies that the names appearing on the rec rd of the Assessors Office as of I Z,oa 3 Certifie by: Date 6i 7' o NOTES: ED TO BE REMOVED 1. FOR PROPERTY LINES SEE BOOK /5923. PAGE /44 AND PLAN #9630 17&01' '+ RECORDED IN ESSEX NORTH DISTRICT REGISTRY OF DEEDS. N87 FOR SITE REFERENCE SEE TOWN OF NORTH ANDOVER MAP #106A PARCEL /27 PROP. DRIVEWAY d r - bS +f 2. ZONE DISTRICT: R1 ADDITION 7.15 Lsm 3' ROOF PROP. 1 STORY OVERHANG GARAGE WITH 1 ENCLOSED BREEZEWAY i'3D ►NGALl S BULKHEAD PORCH PORCH TO BE REMOVED 2 W F D Y L=S FOR REGISTRY USE X1514 a N.T.S. DETAL APPROVED BY THE TOWN OF NORTH N.T.S. ANDOVER ZONING BOARD OF APPEALS DATE DATE OF APPLICATION DATE N/ N� DATE OF HEARING DATE W fR, DATE OF DECISION DATE W N 1 T1 `E-- 178.01' 18 ' 0 45.0' 36r WXfST F•p' Wul G +fes' '1 HEREBY CERTIFY THAT THE PROPERTY LINES 131.2 PROP. 1 STORY SHOWN ON THIS PIAN ARE THE LINES DIVIDING 2 STORY GARAGE WITH EXISTING OWNERSHIPS. AND THE LINES OF THE ENCLOSED BREEZEWAY STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC �E1 OR PRIVATE STREETS OR WAYS ALREADY 5S 4 ( DETAIL) ESTABLISHED. AND THAT NO NEW LINES FOR 4T DIVISION OF EXISTING OWNERSHIP OR FOR NEW 2�. WAYS ARE SHOWN AND THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTRY OF DEEDS." LOT A AREA= 2S0 S.F. =1.77 AC. , V1 5�k1, v1 a s/6/oa x•99 / STEPH&N,V/S 1. DATE .mss. 6g DIfI x N ssz.5`C,w PLAN OAF LAND oEt o NORTH ANDOVER, MA. PREPARED FOR OWNER/APPLICANT GEOFF NEILEY 1514 SAI STREET NORTH ANDOVER, MA s TEL (978) 258-5465 SCALE: 1"=40' DATE: JUNE 8, 2004 S. TE PLAN 40 0 40 80 Jul 14 04 O5: 51p NORTH ANDOVER 9786889542 p. 1 Toning Bylaw Review Form . : Town Of North Andover Building Department 27 Charles St.North Andover,MA.01845 ''r•4 Phone 978.688-9545 Fax 9784884542 Street: A C elfin Ma /Lot: /o4. Applicant: c- /-,n Request h, etLr±L3$. Date: 0-.6e P asea dvised;!Agr review of your Applicadon and Plans that your Application is rDENIED the following Zoning Bylaw reasons: Zoning Item Notes Item Notes A Lot Area F Frontage ---> 1 Lot area Insufficient ! Fronta a Insufficient 2 Lot Area Preexisting ct3 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 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 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 G 3 Preexisting Height ;er-, 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insuffident l Building Coverage 6 Preexistin setbacks 1 Covera a exceeds maximum 7 Insufficient Information 2 Cove a Com ies 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 Panting Required 2 Not in district C"S 2 ParkingCom lies 3 Insufficient information 13 Insufficient Information 4 Pre-existing Parki 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 SpecialPermit 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 1 Special Permits Zoning Board Independent Elderly Housing Special Permit I 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 Density Special Permit F- Special permit for preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information subrotk i. No definitive review and or advice shall be based on verbal explanations by the applicam nor shall such verbal explanations by the applicant serve to provide defmiive answers to it*above reasons for Any inaccuracies.misleading Wonrmlion,or otlrar subsequent cherves to the information submNted by the applicant swat be grounds for this review to be voided at the discretion or the Building Departu eid.The attached document titled"Plan Review NarrAW shall be attached hereto and incorporated herein by reference.The building department will retain all plans and documentation for the above file.You must fib a new permit application form and begin the permiling process. Bur Department L7lflcial Signatlrne A#plication Received App ksti Denied I Jul 14 04 05: 51p NORTH ANDOVER 9786889542 p. 2 Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: IIDSt h cif R-t t'htz T) 6 - c i M�g-�rt -mss '.01 k E &1, .- u 'r-tiv7vr S _ I r- - a i - ix�paeAca f&#4-egw r r .J A4w oJ- A frsi/ i Referred To: Fire Hearth Police Zonin Board Conservation D rtment of Public Works Mannina Historical Commission Other Building Departmert Town of North Andover °f N°Rry , Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street °•ono��'� North Andover,Massachusetts 01845 cHusEt 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 13th of July 2004 at 7:30 PM to all parties interested in the appeal of Jennifer& Geoffrey Neiley, 1514 Salem Street,North Andover, MA, requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the left side and rear setbacks in order to construct a proposed 1-story garage and enclosed breezeway. The said premise affected is property with frontage on the East 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 Ellen P. McIntyre, Chairman Published in the Eagle Tribune on June 28 &July 5, 2004. �a Legalnotice 2004-018. r M106AP27. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 pF NpRTM q TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS p NAME: ��►'�o FE �Nb FFRE YEl� 'Y` t 1 SSIGIiL9C i ADDRESS OF APPEAL: 15 l S LE M ST K E D , Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty (30) days prior to the first public hearing. STEP S: SCHEDULING OF HEARING AND Failure to submit the required information within the PREPARATION OF LEGAL NOTICE: time periods prescribed may result in a dismissal by the The Office of the Zoning Board of Appeals schedules Zoning Board of an application as incomplete. thea applicant for a hearing date and prepares the legal at P 9 P P . 9 The information herein is an abstract of more notice for mailing to the parties in interest(abutters)and specific requirements listed in the Zoning Board for publication in the newspaper. The petitioner is Rules and Regulations and is not meant to notified that the legal notice has been prepared and the supersede them. The petitioner will complete items cost of the Party in Interest fee. that are underlined STEP 7:DELIVERY OF LEGAL NOTICE TO NEWSPAPER STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner picks up the legal notice from the Office The petitioner applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal receivers a Permit Denial form completed by the notice to the local newspaper publication. Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 2: VARIANCE APPLICATION FORM: BOARD OF APPEALS: Petitioner completes an application form to petition the The petitioner should appear in his/her behalf, or be Board of Appeals for a Variance. All information as represented by an agent or attorney. In the absence of required in items 1 through and including 11 shall be any appearance without due cause on behalf of the completed. petitioner, the Board shall decide on the matter by using the information it has otherwise receive. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: decision may be made pursuant to Massachusetts The petitioner requests from the Assessors Office a General Law ch. 40A sec. 17, within twenty (20)days certified list of Parties in interest(abutters). after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: STEP 10: RECORDING THE DECISION AND PLANS. Petitioner submits one (1) original and 10 Xerox copies The petitioner is responsible for recording certification of of all the required information to the Town Clerk's Office the decision and any accompanying plans at the Essex to be certified by the Town Clerk with the time and date County, North Registry of Deeds, 381 Common St., of filing. The original will be left at the Town Clerk's Lawrence MA, and shall complete the Certification of Office, and the 10 Xerox copies will be left with the Recording form and forward it to the Zoning Board of Zoning Board of Appeals secretary. Appeals and the Building Department. ` ..s....ciata9..ai.a:.auiia}e...ii.ta.ic.a a..}.it:a:a.aiia..i}aaa..aa.a:aiaa.i..auai+i.:• i......:a•i....m.l:.}a:3waiiaii£1E`sinii6aaYiii:a.sY.Ise.}iaaiS3u.Ns[ieiiSa325.LiiiaiLiiai.s...a..a.aw3iix: IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev & Services 27 Charles Street, North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 - I Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: s%C AL l ��rz /k-iQ a� Yy�i c�-� 1,51L4 -5AL r--m 5T_. _ N o YCTTf Pr&�QnvE2,, mst o h,!4 C1-76 - 9.5a-5-4eS *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: 1 Pr l,E(Y,\ 5'r X-)o✓LT 0\/jc�rz /Y1 A Q a4 Years Owned Land: _ 3. 5' �)A Pr tL S 3. Location of Property: a Street: ry5 Acc m 5T Zoning District Ct . b. Assessors: Map numberi ocp A Lot Number: a--7 if c. Registry of Deeds: Book Number 1�11 a3 Page Number. -q-!14 4. Zoning Sections under which the petition for the Variance is made. S!Ec-ric> r-J -7.3 *Refer to the Permit menial and Zoning By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request J i C)45 (, t—r eaM fZC i+2 5 QT--64c -s I&v o YL rj(L - (D )4 F o A- *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.Failure by the applicant to dearly describe the request may result in 1 a decision that dales 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. a I 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 A. 78-70 #JIA nj I A % a y 0 0 10"-75 0 i 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 i. 1 f r'N x.�% ) ,5 / c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back E Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear i % 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 A)oq % off-- 50�® 30.0 50.0 30. C) 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* oo YL j n s)�, �v X02 t' ) -L0 5 ( D *Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total t Use of Square feet Floors Sq.feet Building* *Reference Uses from the Zoning By-Law.State number of units in building. 6. 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 shall be responsible for all expenses for filing and legal notification. Failure to comply with application requi as cited herein and i the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. E Signature Type above name PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Variance must be supported by a n Size of plan: Ten (10) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a variance m One(1) Mylar. from the requirements of MGLA ch. 40A, Sec. 10.4 and III) Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be clearly identified and factually five (5)ZBA signatures and date indicated on the supported. Each point,A-F individually, is required Mylar. to be addressed with this application. *10 C. *Features To Be Indicated On Plan: A. The particular use proposed for the land or n Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions, shape 2. zoning district(s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if applicable) sought which do not affect generally the zoning 5. abutters of property, within 300' radius district in which the property is located. 6. locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50'from applicants proposed structure financial or otherwise, which results from literal 7. deed restrictions, easements. enforcement of the applicable zoning restrictions In Legend &Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Facts relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. 5. Title of Plan E. Facts relied upon to support a finding that relief 6. Names addresses and phone numbers of the sought may be given without nullifying or applicant, owner or record, and designer or substantially derogating from the intent or purpose surveyor. of the Ordinance. F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds,and garages, application. shall require only the plan information as indicated with an. asterisks(*). In some cases further information may 10. PLAN OF LAND be required Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans 11.APPLICATION FILING FEES must be submitted with this application to the Town A. Notification fees:Applicant shall provide a Clerk's Office and ZBA secretary at least thirty (30)days check or money order to: `Town of North Andover- prior to the public hearing before the Zoning Board of #022-1760-4841'for the cost of first class, certified, appeals. return receipt($4.42 as of November 2003)x#of all parties in interest identified in MGLA ch. 40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also, the Architect may be required when the application applicant shall supply first class postage stamps involves new construction/conversion/and/or a (currently 37¢)x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four(4) 10 A. Major Projects sets of mailing labels no larger than 1"x2-5/8"(3 copies Major projects are those, which involve one of the for the Legal mailing and one copy for the Decision following whether existing or proposed: mailing). I) five or more parking spaces, C. Administrative fee of$50.00 per application. II)three(3) or more dwelling units, ►► A Variance once granted by the ZBA will lapse III)2000 square feet of building area. in 1 (one)year if not exercised and a new petition Major Projects shall require that in addition to the above must be submitted.4 features, plans must show detailed utilities, soils, and topographic information. Geoffrey and Jennifer Neiley 1514 Salem Street North Andover,MA 01845 978-258-5465 jenandgeoff@comcast.net Town of North Andover Zoning Board of Appeals June 10, 2004 Re: Request for Variance A. The particular use proposed for the land or structure: We are requesting a variance on the left side set-back dimensional requirement for the purpose of replacing an existing dilapidated shed with an attached garage with a storage attic. A mudroom will connect the house and garage. B: The circumstances relating 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. The size/shape of our land and the placement of our house make building the garage to the left of the house the only practical option. Other locations are limited by the following and are referenced in Figure A,Page 3 of this document: • Rear: Upward grade and inaccessible to driveway • Front: Septic tank and leach field • Right: Inaccessible due to steep upward grade from street C: Facts which make 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 If we were to comply with the 30-foot set-back regulation, our garage would only be 16 feet wide (outside dimension),which is not wide enough for a two-car garage. To build on the front would require moving the septic tank.This is not only very expensive, but there may not be another suitable location for the septic system. D: Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. We will be replacing a dilapidated shed that is in the current location. The garage will be primarily to the northwest.The adjacent neighbor's house is to the northeast. The length of the garage would extend into a wooded area that would screen the structure from the neighbor's house. There are no other buildings in the general vicinity. Our driveway currently terminates where the garage will reside. Set-back from Salem Street is 175 feet which also minimizes the impact of the addition from the street. Page 1 of 3 The garage is designed to minimize its front profile in order to compliment the size of the existing residence. Most homes in the neighborhood have garages. This addition will help our house match the other residences in the neighborhood in both style and value. 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. We are not encroaching on any existing structure or neighboring structure.The nearest house to the northwest is three lots away,with a short front set-back and is screened by trees. The houses on the adjacent two lots to the northwest have significantly greater front setbacks than our house. There are trees between the house to the northeast and our proposed structure.The house on the lot to the southeast has a significantly smaller front set-back than our house. There are also trees between our house and this house. F: Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application Not Applicable Thank you for your consideration. Please contact us with any questions or concerns. Sincerely, 7X( . Neile , I Jennifer D. Neiley Page 2 of 3 N 7117 T 5"E----- 178.01 ,�_ _ ,q � } ..� 00 i 131.12 �.. N RROP. 1 STORY ST RI' ��OAIAGE W1iH w.F.D. ENCLOSED BREEZEWAY #1514 SkE DE TAI L � -rANK uP µILL --� MLOT A AREA=77,2,50 S. 1 .77 AC. �y g�cggr `•«-., `rte '��,R A W N [3'� �. NE i L E Y 6 tq/°4 S80'15'D5-W NOTES: ED TO BE REMOVED 1. FOR PROPERTY LINES SEE _ #5923, PAGE 'O -RECORDED 1N ESSEX NORl"'DfSTRtCT RE"GlSTRYOF AND #9630 178.01` FOR SITE REFERENCE SEE TOWN OF NORTH ANDOVER MAP #106A PARCEL x'27 PROP. DRIVEWAY � r_ NBj�•`��f� 2. ZONE DISTRICT: Rt ADDITION 7.15 3' ROOF I PROP. 1 STORY GARAGE WITH OVERHANG 1 owENCLOSED BREEZEWAY BULKHEAD PORCH PORCH TO BE REMOVED 2S LMS S FOR REGISTRY USE W, .D. aucar.�cac #1514 N.T.S. DETAIL APPROVED BY THE TOWN OF NORTH N.T.S. ANDOVER ZONING BOARD OF APPEALS DATE DATE OF APPLICATION DATE W "bwY Af,-p DATE OF HEARING DATE 1%4&1 DATE OF DECISION DATE N71'1 ' 5'E-- 178.01' 3.8 ' coQA 45.0' X67' EXIST w F.O. 42I Al "I HEREBY CERTIFY THAT THE PROPERTY LINES 131.2GARAGE WITH STORY EXISTING OWNERSHISHOWN ON THIS PS DIVIDING ARE THE LINES AND THE LINES OF THE Z STY ENCLOSED BREEZEWAY STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC #1814 (SEE DETAIL) OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED. AND THAT NO NEW LINES FOR 41 DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN AND THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTRY OF DEEDS." W LOT A AREA=77,250 S.F. =1.77 AC. V) oa w 296.99 S�4 STEPHEN E. STAPINSKI. R.L.S. 6DATE04 N/p S868. PLAN OF LAND �.s JAMES NOEL W IN o`n+ NORTH ANDOVER, MA. PREPARED FOR OWNER/APPLICANT GEOFF NEHXY 1514 SALEM STREET NORTH ANDOVER, MA { TEL (978) 688-6079 q SCALE: 1'-40' DATE: JUNE 8. 2004 s S 40 0 40 80 SITE PLAN il]Ammar�s�ww 1"=40' AMvsR MAS5I,C8LlSEM mem 8 T S 5 / 3 2 I REVISIONS REV I DESCRIPTION I DATE APPA. D D C C B B A, A Y+LESS OTXE+RISE 31[URI[A NOTICE OF PROPRIETARY INFOAMATIO APPROVALS DATE TITLE: JNG DESIGN of+EAsiWS uuR ucxn. TOLERANCES r.f K—ARR—.1 urWAurIW EMiuRfR DflAWN GNEILEY 30-Mor-04 PROPOSED I STORY GARAGE N.ANDOVER, MASSACHUSETTS 01845 DECIMALS ANGLES WEIR IS iME SW[RAWERTI M RIR I+TERN INAL. THIRD ANGLE PROJECTION ixE ol.LawRf a I—IRTWRAnW WES rot CHECK 30-Mar-04 WITH BREAZWAY PRO/ENGINEER GENERIC:IC: N 0.I !I.0° CWSTITUTE HE RELEASE O T+IS WARS IRWIIFURV DWG SIZE DWG N0. AEV .KK!0.03 ii coin oiEoitiiRl�oiuiAiETogaafo°IErciiii xusT ENGR. 30-Nar-04 1514 SAL EN STREET, N. ANDOVER, MA C 1514SALEM BTU GLOBAL\STANDARDS\ST 81© LeIU SE WrAufo n dines Ra ero I+rz+xulWa. PROD. SCALE: 0.013 SHEET OF 3 8 1 6 1 5 4 3 2 1 8 7 6 5 - 4 D D C c 19.00 50 .50 13.00 18.00 3.000 .500 8.00 1.000-�I 3.500 10.000 oaa� �� 8.000 1.500 Im 3.500 B 6 3.000 13.00 1.000 3,00 3.00 28.000 2.00 �—q.000 3.50 26.00 10.50 A A ING DESIGN N. ANDOVER; MASSACHUSETTS 01845 DWG SIZE DWG N0. REV C 1514SALEM SCALE: 0.013 1 SHEET 2 O 3 6 2 6 5 4 3 2 I 8 7 6 5 d 3 2 I 13.00 ® 28.00 13.00 ® 9.00 C 8.00 C 9.50 1.33—�-1 67 1.50 9.00 3.00 26.00 SECTION AA-AA s AA—I% e 00000000 EI olDHoo 8.00 A 13,000 T—` A 3.50 AA 4.00 T 1.00 10.50 JNG DESIGN N. ANDOVER, MASSACHOSEITS 018/5 DWG SIZE DWG N0. REV CISi4SALEM SCALE: 0.013 SNEE3 30F 3 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover 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 oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 106.A 27 Geoffrey&Jen Neiley 1514 Salem Street North Andover,MA 01845 Abutters Properties Map Parcel Name Address 106.A 17 John Reid 1500 Salem Street North Andover,MA 01845 106.A 28 Richard Francolla 1510 Salem Street North Andover,MA 01845 106.A 30 Ashish Shah 1499 Salem Street North Andover,MA 01845 106.A 37 James DiSimone 1504 Salem Street North Andover,MA 01845 106.A 91 James Noel 1532 Salem Street North Andover,MA 01845 106.A 149 Richard Laviska 1472 Salem Street North Andover,MA 01845 106.A 189 Robin Barclay 425 Forest Street North Andover,MA 01845 106.A 208 James Hartigan 1507 Salem Street North Andover,MA 01845 106.A 209 Thomas Flaherty Trustee 1515 Salem Street North Andover,MA 01845 106.A 216 Howard&Marguerite Cooper 57 Long Pasture Road North Andover,MA 01845 106.B 1 Sylvia Konopka 1535 Salem Street North Andover,MA 01845 106.6 2 Donald Deadder 1557 Salem Street North Andover,MA 01845 106.B 53 Keith Pryor 1542 Salem Street North Andover,MA 01845 106.6 54 Henry Smith Jr 1550 Salem Street North Andover,MA 01845 106.1 221 James Vitas 60 Long Pasture Road North Andover,MA 01845 Page 1 of 1 This certifies that the names appearing on the reciiirdi of the Assessors Office as of l Z-003 Certifie by: Date 7 o O�plORTp{ Zoning Bylaw Review Form Town Of North Andover Building Department 27 Charles St:,North Andover, MA. 01845 Phone 978-688-9546 Fax 978-688-9642 Street: -6,1q 15. _l CA— Map/Lot:Ma /Lot• /Ob A v? A licant: _ 'esu N i �r� � F Request- o?,G��a �,� Date: 5- -� Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning g-1 oZ AC/ rs - �/l 'sl. /"'Im ase 3p' flwe 4-s,44 IoL rp Q,� Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Fronta a Insufficient 2 Lot Area Preexisting f2 2 Frontage�Complies 3 Lot Area Complies 3 1 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed e 5 G Contiguous Building.Area 2 Not Allowed 1 I Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA G! S 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 1 Complies 3 Left Side Insufficient e S 3 Preexisting Height e S 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient i Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage.Complies D Watershed 3 Coverage Preexisting �S 1 Not in Watershed .5 4 Insufficient Information 2 In Watershed j Sign IVA 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Si n-Com lies 5 insufficient Information 3 Insufficient information E Historic.District K Parking AIA 1 1 In District review required 1 More Parking Required 2 Not in district r-/e.5 2 Parking Complies 3 Insufficient Information 3 InsufficientInformation 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 Frontage Special Permit Parking Variance Frontage Exception Lot S ecial Permit Lot Areaa.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 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 Density Special Permit Special permit for preexisting nonconforming .Vat"- had S sial Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for 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 pians and documentation for the above file.You must file a new permit application form and begin the permitting process. ��e� ✓����- �"�3 D 5^x:5` d wilding Department Official Signa" Apoli(iatiorfReceived Applicatio Deni d Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: is 2 u j � P Y-bc_- �,�0 os� .� —71 3c,,o b.W s�e cftoN v -T"a le- a Referred To: Fire Health Police Zoning Board Conservation Department of Public Works Planning Historical Commission Other "Iding Department