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).
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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:
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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
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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
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CORP.
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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
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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