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HomeMy WebLinkAboutCY LI, PETER PAGE 2 OF 4 Date &Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: I�Cnx'tth � _2�VIA£, `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: �M Ate C Y A " h� 84/xey x0od /1�cdlc ce e ✓; !`� C /�''�b Years Owned Land: ,ycO ns 3. Location of Property: a. Street: 40 f X813 Zoning District b. Assessors: Map number—L. Lot Number: /O 3 c. Registry of Deeds: Book Number6 _Page Number. // 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:' PMm 6ce-AI`nc a � �� e �° ctllowhoo >ta,bui/ cc s1� 1e ' l'clerle e o_ N Ao r q : rocce1 & -the. find RANX/m Q- Nnf d tL �1 i-n of 13f=ce N r ! rh t.` '4114 0 h flee f k,4 s ee h 6e 1l9Xr0'/rl i nd� ehC1eY 0owv c� ro M a d Ct oini' eeu e1Pe ,shod r JW Q re ' eX110n961A VAe ClPo_t iu-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. I TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS PROCEDURE and REQUIREMENTS STEP 6: SCHEDULING OF HEARING AND for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules a SPECIAL PERMIT the applicant 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 incomplete. NEWSPAPER/PARTY IN INTEREST FEE: The information herein is an abstract of more specific The petitioner picks up the legal notice from the Office requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication. are underlined will be completed by the Town. STEP 1:ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING The petitioner applies for a Building Permit and BOARD OF APPEALS: receivers a Permit Denial form completed by the The petitioner should appear in his/her behalf, or be Building Commissioner. represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner,the Board shall decide on the matter by using Petitioner completes an application form to petition the the information it has otherwise received. Board of Appeals for a Special Permit. All information STEP 9: DECISION: as required in items 1 through and including 11 shall be After the hearing, a copy of the Board's decision will be completed. 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: Strep 10: RECORDING CERTIFICATE OF DECISION Petitioner submits one (1)original of all the required PSS' information and 10 xerox copies to the ZBA Secretary. The petitioner is responsible for recording certification of The original will be stamped by the Town Clerk the decision and any accompanying plans at the Essex certifying the time and date of filing. The remaining ten County North Registry of Deeds, Lawrence copies will remain at the office of the Zoning Board of Massachusetts, and shall complete the Certification of Appeals secretary. Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest(abutters). 0 r",, CD rn mon DTI far?. s. .,, �:.,�,,,.-,..�. ...��«,.�,t�.k..ab=.�R.,a c.,:.3: '? ='�' .� �'=.,��=�,.».,a,r �'',.;� ",''�_'4rt :�'' .x=. 'z ..,a..a` .,=,5 r •?�.. IMPORTANT PHONE NUMBERS: , ,xp 978-688-9501 Town Clerk's Office 978-688-9545 Building Department Cr 978-688-9541 Zoning Board of Appeals Office 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 S Ft, . Ft. Coverage Feet Spaces Space Frroonnj " SJiidde� Side Rear CG" e % /S� --fes �� b. Proposed Lot (S): i Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back I Sq11. Ft. Sq, Ft. Coverage Feet Spaces Front Side A Side B Rear t 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 BRear l 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units { i *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 *Reference Use Code numbers and Uses from the Zoning Ordinance. Stere 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. Et 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 respon ible far all expenses for f ing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Boa u ay result in a dismissal by the Zoning Board of this application as incomplete. Signature Type above `�.e s here Aennalh f. PAGE 4 OF 4 Application for a SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN: detail all facts relied upon. This is required in the case A. Site Orientation shall include: of a Special Permit when the following points, based on 1. North point MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law 2 zoning district(s) and P 9.2 Special Permit Granting Authority shall be clearly 3 names of streets identified and factually supported: Addressing each of the 4 wetlands to be shown on plan (if applicable) below points individually is required with this S. abutters of property,within 300 foot radius application. 6. location of buildings on adjacent properties within 1 50'from applicants proposed structure . The particular use proposed for the land or structure. �. deed restrictions, easements 2. The specific site is an appropriate location for such B. Legend iii Graphic Aids: use, structure or condition. 1. Proposed features in solid fines&outlined in red vehicles or pedestrians.3. There will be nuisance or serious hazard to 2. Existing features to be removed in dashed lines 4. Adequate and appropriate facilities will be vided for 3. Graphic Scales Pro the proper operation of the proposed use. 4. Date of Plan Title of Plan 5. The use is in harmony with the purpose and intent of 5.5. the zoning by-law. 6. Names addresses and phone numbers of the 6. Specific reference and response to the criteria applicant, owner of recons, and designer or pe required by the particular special permit for which this surveyor. application is made (i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS: Permit respond to criteria and submittal Major Projects shall . requirements). 1 rot 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 interior of building plans will be required when the Each application to the ZoningBoard of Appeals shall be accompanied by the following described plan. Plans must application involves new construction/conversion and/or a 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, which include a ground level elevation 10 A. Major Projects 11. APPLICATION FILING FEES Major whether etz cts are those which ainvolve one of more the following A Notification Fees:Applicant is to send by certified sting proposed: )five parking mail all legal notices to all abutters, and then spaces, b)three or more dwelling units,and supply roof of mails to ZBA secretary. PPIY P secret Applicant is c 2 0 s n9 rY ) 00 quare feet of building area. 9 Minor projects that are less than the above limits shall to supply stamps(appropriate current postage)for require only the plan information as indicated with mailing of decisions to all parties of interest as identified in MGLA ch.40A in sec. 11 as listed on the asterisks (*) in some cases further information may be application. ZBA Secretary will compute number of required. stamps. B. Applicant is to supply one(1)set of addressed 10 B. Plan Spec cations: labels of abutters to ZBA Secretary who will mail a) Size of plan: Ten (10) copies of a plan not to exceed decisions to abutters and parties in interest. 11"x17", preferred scale of 1"--40' C. Administrative fee of$50.00 per application. b) Plan prepared by a Registered Professional Engineer and or band 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. i RW TOWN OF NORTH ANDOVER NORTH ANDOVER, MA 01845 To Zoning Board of Appeals: 1. Single-family 2. Existing Single Family neighborhood 3. Proposed 2 stall garage-with additional off street parking. 4. Site is seviced with water and sewer. 5. Yes 6. Please see attached correspondence from Attorney Charles D. Boddy, Jr. j . Charles D. 1 oddyjr. AtfOJnC'vat b1 ii' 46 Grove Street, Suite 4 Clinton, MA 01510 (x)78)-711.589 t l ltcsimi le_(x)78)-68;34891 Admitted (o practice in NIassacltusctts and Maine August 16.2002 Mr. Michael McGuire. Local Building Inspector Town of North Andover C0111111LInity Development & Services Building Department 27 Charles Street North Andover. MA 01845 Re: Lot 23B Blue Ridae Road,North Andover. NNIA Dear Mr. McGuire: I have been consulted by Kenneth Daher of the Daher Companies to render an opinion regarding the permitting for residential construction on the above-referenced Lot 23B Blue Ridge Road. North Andover. Based upon my revie«-of the title to the property, the plans, and current Massachusetts case law, it is my opinion that it is unla\vfL11 for the Town of North Andover to withhold a residential building permit for this lot. The o«ner can erect a residential dwelling on this lot by right.without resort to the Zoning Board of Appeals for a variance. The basis for my conclusion is as follows: Lot 23B Blue Ridge Road. North Andover was part of an original subdivision plan by Bear Hill Development Trust and approved by the North Andover Planning= Board. Lot 23B has 150 feet of frontage. approximately-43.896 square feet of lot area. and is located in an R-2 zoning district. On August 9. 1985: Bear Hill Development Trust coni eyed Lot 2313 to Thomas A. Fran_os and David L. Croix-ell—Ir. bx-deed recorded at the Essex (North District) Registry of Deeds at Boot: 2021. Page 203. Lot 23B «-as not com-eved earth an\- other parcel. and was not held in common o«vnership With ally adjoining land. On December 5, 1985. Thomas A. Fran;;os and David L. Croy\ell. Jr. conveyed Lot 231 to Peter C. Y. Li by deed recorded at the Essex (North I District) Registry of Deeds at Book 2093.'Pare 115. Again. Lot 2313 was not conveyed 01 with any other parcel.and v.-as not held in common ownership with any adjoining land. Peter C. Y. Li has lawfully owned Lot 23B since December s. 1985, and has not owned any adjoining land. Thus.Lot 23B has been separately and independently owned from all other adjoining parcels since at least August 9. 1985.shortly after the subdivision approval. Massachusetts General Laws Chapter 40A. Section 6 provides: "AnY increase in area,frontage, width,yard or depth requirements of a zoning bt•lan,or ordinance shall not apphr to a lot for single or lino fandiy residential rtse which at the tinre of recording or endorsement, whichever occurs sooner, was not held in coninion ownership with any adjoinin;laird, conformed to the then existing requirements and had less than the proposed requirement but at least five thousand square feet of are and fft►•feet of frontage," Thus. Massachusetts General Laws Chapter 40A. Section 6 protects a vacant lot in existence when any new zoning regulations become effective from am- increase in area. frontage. width. yard. or depth requirements if the lot has at least fifty feet of frontage and five thousand square feet of land area. There is no time limit on this protection. the presumption being that the single lot protection lasts forever. Ferzoco v. Board of Appeals of Falmouth. 29 Mass. App. Ct. 986 (1990). Accordingly it is unlawful to withhold a building permit for Lot 2313. I trust that this information is helpful to you in considering the issuance of a building permit for Lot 2313 Blue Ridge Road. If anythina further is needed.please contact me. Very truly yours. harles D. Boddv. Jr. i NOH71� Zoning Bylaw Denial y Town Of North Andover Building Department My�S � try� S^�N,SE 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: o Ma /Lot: z ► t � F �... /v-e P n c /off A licant: K.mow -)>A Request: kritiS 'rte ci /U-e cc, /ti0 �,� U2 Date: 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 A Lot Area Item_ Notes F Frontage 1 Lot area Insufficient Frontage lnsufficient - t--(v S 2 Lot Area Preexisting `1 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information g Use 5 No access over Frontage 1 Allowed S 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 ,e S 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient information 2 p Watershed Coverage Complies 3 - Coverage Preexisting 1 Not in Watershed `�( � _ 2 In Watershed 4- Insufficient Information J .`Sign 3 Lot prior to 10/24/94 4 Zone to be Determined 1 Sign not allowed2 Sign Complies 5 Insufficient Information 3 Insufficient Information 1 1 In Historic District K Parking District review required 2 Not in district 1 More Parking Required �r_ S 2 Parking Complies i 3 Insufficient Information t F S 3 Insufficient Information 4 existing Parkin Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review 11''i............. ecial Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot S ecial Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Hous in S ecial Permit Variance for Si n Continuing Care Retirement Special Permit Independent Elderl Housin S ecial Permit S ecial Permits Zoning Board S ecial Permit Non-Conformin Use ZBA Large Estate Condo S ecial Permit Earth Removal S ecial Permit ZBA Planned Develo ment District S ecial Permit Special Permit Use not Listed but Similar Planned Residential S ecial Permit Special Permit for Sign R-6 Densit S ecial Permit 13- S ecialPermit reexistin nonconformin Watershed S ecial Permit The above review and attached explanation ofsuch 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. uilding Department official Signature / 9 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: � �,< ra L.•..°r .,� .!,"�t �'�,ewi5^"If.S.k �"..� d t ti d?kdy aC f t t¢ ��f!,L:����1L° _.« '��`7YY777��''''t R'InceY f�,.? ?+ °' �;f:t'�. 'R. � � da",,,d�i�,Sr. S ( lit �i�r��" �` S( Cf-r•,t�� c /,j a7 pjj ,- -,e_to it OQ Y, kA I ,e 4j J/ Referred To: Fire Health Police Zonin Board Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT S r.rr PridN l'f. PL AN OF L^"co �Ya � 4 � 4_ �A ,BRiou,F rN Q Y ti� N v Q NO f? T H R"00 0 ,V E#C;? /Mf1 S S . pmRRREO FOR . 4 �' Y KE:-""E:- T H DA HER _1 AoO SCAL a 10=1OO STOWERS ASSOCSATCW INC .. \,A.7� �� G SEPTEMBCR POOR Mc-rHuc", MASSY EYOl4S 4'�• 100 0 100 zoo tion jN OF MR�J, I CERTIFY THAT THIS PLAN HAS BEEN ci , 2� GEORGE 9cyG PREPARED IN CONFORMITY WITH THE RULES �1 H -Y 66--4 K AND REGULATIONS OF THE REGISTERS OF RICHARD! N DEEDS OF THE COMMONWEALTH OF MASS, 'y " No. 2402 lq N < FCISTE ¢ Sp=�,rsre_LD2oo2 _ ` _ Q I M suftl DATE REG. LAND SURVEYOR K {~ { } k ► I N 14 ,{ I. v ,�� A,�PRoyAt uivvrR Se�so/vrs /oN coWy lw: C o N r/R o f ,LAW /1�0 7- R IF Q t!!R .t•p QONoRTt� J9t✓oovJtA / .Ze.,vlNG D /STR/c7- R.irs 1 SO Q J1/oRT'�✓ AWDCYIER ZONING ,C3opRc +5�, Lf F APP,Lr Ak 5 z A MAN 4 c X/ NGI`9/4N S-r SAS�NtNT R u /J.D ),y c FljisT ClTY `\ locus S�/ow"v 0-->nNG ,COT 23 B ,C7xv�.tcPl z/"vT 5HOW / ON I�ORYyr FSS1y�x REGISTRY OF D� DS �119�✓ 'N 9 /C23 CORP. I Town ofForth,Andover, Zonina Board of Appeals Parties of Interest 1 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 ABUTTERS PROPERTIES AndovPr MA MAP PARCEL NAME ADDRESS �LS /./l JPreyhqC (w 1A ve a,c P 124 oid,�j_ —T2_ ""is !^) Y e 4 ?'/j 4, d o/ Novk-t- Laureen Swxe Q jear L4,'11 ::z9 _ t° oad yr rek- m % -javo' 'np k. e 0100y j s � FWrsT CiT-v �kae��,a"'t"i -l-, �i (? r yTn4913 .'c'!+�,S'�.,i�c lu ✓�' t3o s®h hn no L Pip re n-c k 1211 y (�S' �'--- Lp e Pelf' a 1 v 00yi In �J f�C �,a e -ti- S��►coo►� c�lak ✓fit 2 h 3a (v P RA aley S' yr f+7c P t �euTr it P car (,�, — Zoo - 14 1 11 2 c�. d/d'y,T" � n w P �t'�e wc�rT Icy/ rykr61e ho4 Yi szo%- o/d' THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIGNATURE PAGE OF Ouse wtifi �}- Bo of Assess N Andov Town of North Andover Noax�, i,�E Qffire.of the Zoning Board of Appeals Q >tty3Development and Services Division .i rT 4L 1 } `k 27 Charles Street North Andover,Massachusetts 01845 ,L;i-z OCT 22. P z: 3q 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 2002 V date of filing of this notice in the office of the Town Clerk. Property at: for premises at Lot 23B Blue Ridge Road NAME: Kenneth E.Daher HEARING(S): October 8, 2002 ADDRESS: for premises at Lot 23B Blue Ridge Road PETITION: 2002-044 North Andover,MA 01845 TYPING DATE: 10/15/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,October 8, 2002 at 7:30 PM upon the application of Kenneth E.Daher,235 East Street,Methuen,MA for premises at Lot 23B Blue Ridge Road,North Andover requesting a Special Permit from Section 9,Paragraphs 9.1 and 9.2 to allow for the construction of a proposed single family dwelling on a pre-existing,non-conforming lot, within the R-1 zoning district. The following members were present: Walter F.Soule,John M.Pallone,Scott A.Karpinski,Ellen P. McIntyre,George M.Earley,and Joseph D.LaGrasse: Upon a motion by Joseph D.LaGrasse and 2°d by John M.Pallone,the Board voted to GRANT the petition for relief from Section 9,Paragraphs 9.1 and 9.2 to construct a one family dwelling on a pre-existing,non- conforming lot as shown on the Plan of Land prepared for Kenneth Daher and Owner:Peter C.Y.Li by George M.Richardson,R.L.S.,#24052,Stowers Associates,Inc., 11 Pine Street,Methuen,Mass.,dated September 10,2002 on the conditions that the applicant submit a revised mylar without"proposed dwelling" and that the owner submit a stamped plan by a Registered Civil Engineer with a Geotechnical specialty, showing soils,grading,topography,and drainage,and any necessary retaining system designs to the Building Department. Voting in favor: Walter F.Soule,John M.Pallone,Scott A.Karpinski,Ellen P.McIntyre,and Joseph D. LaGrasse. The Board finds that the applicant has satisfied the provisions of Section 9,Paragraphs 9.1 &9.2 of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Walter F.Soule,Acting Chairman Decision 2002-024. Board of.appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535