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ntng Board of Appeals
Zoning Board of Appeals
1. Petitioner: Name, address and telephone number: 6. b. Existin Lot: s
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
Ca W
E �n
ai
`The petitioner shall be entered on the legal notice and the`decision as,entered above.
c. Proposed. Lot (S)
2. Owners of Land: Name, Address_and Telephone number and number of
Lot Area Open Space Percent Lot Y Frontage' Parking ,; • Minimum Lot set Back'
years under this ownership: Sq. Ft. Sq Ft. Coverage, -,Feet: . Spaces Front Side A Side B Rear
t�ocn 1 USELI r Q�-2
- �-
16 Cab6t, S-F, N. AracuerrW, loco
Years Owned Land: ¢�O
d. Required Lot: (As required by Zoning By-Law) _N
Lot Area Open Space Percent Lot Frontage Parking ; •. Minimum Lot set Back• o o
3. Location of Pro " e Sq. Ft. Sq. Ft. . Coverage Feet Spaces Front' Side A Side B ° Rear o o_,CD
a. Street: D t s �-, CDC-);u
Zoning District R"A—
%- M
b. Assessors: Map number_ t Lot Number: 2.G _ �
C. Registry, _ - _
` of Deeds:- Book Number' Page Number: ?5 7. a. Existing Buildings:
` o;ori
-0 m o
4. Zoning Sections under which the petition for the Variance is made. Ground Floor Number of Total use of
Ta b�� ^ � �•� Square feet Floors Sq. feet� ;Building•. o
G� D)" c4ri
000 , �a� -
r j O�- � � PULS( �r :�• L � '�.;�- i
*Refer to the Permit Denial and Zoning By Law Plan Review as supplied by the Building Commissioner
. :..,.r _
*Reference Uses from the tonin B =): "'state:'number of.units in building.
5. Describe the Vanance request u'.` g y . Id ng.
r�
b.. Proposad Buildings. ,
Ground Floor- Number of Total: Use`of' : -
5
0Q . dyN% Square feet Floors Sq. feet Building* t
QL, rU Fed i-`�bY1 1 �'JV 1 atTl0V_11� - Si a` ami`� Ea+kn (doom
'The above description shall.be used foV the pu se'o he_legal notice and decision. Amore detailed description _
as required pursuant to the
Zoning Board Rules and Regulations as cited on page 4 of this application.Failure PP . e by the appiicant,Yo clearly describe the request may result In
a'decision that does not address the intent of thea licant The decislo y '
PP n will be Umfted to the request by the applicant and Will not Involve
additional items not included above.
-. `Reference Uses from the Zoning By7 Law.State number of units in building. i
9 YRequirements. _ ..
6a, Difference from Zotilrig By-Law requirements: Indicate the dimensions that will not meet current - •
Zoning By-Law (A and B are in the case of a tot spilt) i 8. .Petitioner and Landowner.signature (S).
Lot Area :Open Space Percent Lot Frontage Parking Minimum Lot set Back .
Sq. Ft, Sq. Ft. Coverage- Feet. Side A " Every application for Variance shall be made on this form which-Is the'official form of the toning board-of Appeals: Every application shall be flied with.
Spaces_ : Front Side B. Rear
the Town Clerk's Office. It shall be the! sponsibility of the petitioner to furnish ail supporting.documentation with this application. The dated copy of thus
A 3 ' c . , application received by the Town Clerk or.the Zonin Board,of'A als does'not absolve the applicant licant from'this r
{� TJ.,. - ._9 PP? PP esponsibility'. The petitioner shall be .
ng and legal'notification. Failure to.comp .with ap Kation r uirements;as cited hereih'and in the Zoning- r Rules and
responsible for all expenses for filing g
Board
,
Regulations may result in a dis I by Zoning Board of this application as incomplete.B. B
_ w.: .Si'nature .. �-_ .
---�-- --._,_ _ rr n
above name ere
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PAGE 4OF4
VARIANCE TOWN OF NORTH ANDOVER VARIANCE`
,
ZONING BOARD OF APPEALS
9. WRITTEN DOCUMENTATION .... .. A
Application
for a variance must be supported by a legibly written or '
typed memorandum setting forth in detail all facts relied upon. When Procedure & Requirements
requesting a variance from the requirements of MGLA ch. 40A, Sec. 10C. FEATURES TO BE INDICATED ON PLAN: For an Application for a Variance
10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include:
shall be clearly identified and factually supported and addressing 1. North point Ten (10) copies of the following information must STEP 6: SCHEDULING OF HEARING AND
each of the following points individually is required with this 2. zoning districtPREPARATION OF LEGAL NOTICE:
(s) be submitted thirty U days prior to the first public
application. 3. names of streets hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules
4. wetlands to be shown on plan (if applicable) within the time periods prescribed may resultthe applicant for a hearing date and prepares the legal
.
A. The particular use proposed for the land or structure. 5. . abutters of property;within 300 foot radius in a notice for mailing to the parties in interest (abutters) and
B. The circumstances relating to soil conditions, shape or 6. ` location of buildings on adjacent properties within dismissal by the Zoning Board of an application as for publication in the newspaper. The petitioner is
topography.of.such land or structures especially 50' from applicants proposed structure incomplete. notified that the legal notice.has been preparedared and the
affecting the'property for which thevarancei_s_s_ought
7. deed restrictions, easements 1 The-information herein is.an abstract of more specific,-, cost of the Party in Interest fee:
which do not affect generally the zoning district in B. Legend & Graphic Aids: j requirements listed in the Zoning Board Rules and
which the property is located. 1. Proposed features in solid lines & outlined in red i Regulations and is not meant to supersede them. Items that STEP 7: DELIVERY OF LEGAL NOTICE TO
C. Facts which make up the substantial hardship, g features to be removed in dashed lines are underlined will be completed by the Town.
2. Existing NEWSPAPER/PARTY IN INTEREST FEE:
financial or otherwise, which results from literal 3. Graphic Scales i The petitioner picks up the legal notice from the Office
enforcement of the applicable zoning restrictions with 4. Date of Plan STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal
respect to the land or building for which the variance 5.; Title of Plan The petitioner applies for a Building Permit and receives notice to the local newspaper for publication.
is sought. 6. Names/addresses/phone numbers of the a Permit Denial form completed by the Building
D. Facts relied upon to support a finding that relief sought' applicant;owner of record, and designer or Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING
will be desirable and without substantial detriment to surveyor. BOARD OF APPEALS:
the public good.' ' STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be
E. Facts relied upon to support a finding that relief sought 10 D., FURTHER REQUIREMENTS: Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of
may be given without nullifying or substantially MajovProjects shall require that in addition to the above Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the
derogating from the intent or purpose of the zoning 'features, plans must show detailed utilities, soils, and required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using
bylaw. _ topographic informaMo A set of building elevation and completed. the inform_ ation it has otherwise received.
F. Submit RDA from Conservation Commission when s shall be re dire w en
Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/a d/or Step 3: PLAN PREPARATION: STEP 9: DECISION:
application. a propose c evation plans for minor Petitioner submits all of the required plan information as After,the hearing, a copy of the Board's decision will.be
projectsincluding decks, sheds, & garages shall be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's
10. Plan of Land included with aside view depicted on the plot plan, decision may be made pursuant to Massachusetts
Each application to,the Zoning Board of Appeals shall be. which includes a ground level elevation. STEP 4: SUBMIT APPLICATION: General Laws ch. 40A sec. 17,within twenty (20)days
accompanied.by the following described plan. Plans must Petitioner submits one (1) original of all the required after the decision is filed with the Town Cleric.
be submitted with this application to the Town Clerk's 11. APPLICATION FILING FEES f information and 10 xerox copies to the ZBA Secretary.
Office and ZBA secretary at least thirty (30) days prior to A. Notification Fees: Applicant is to send by The original will be stamped by the Town Cleric Step 10: RECORDING CERTIFICATE OF DECISION
the public hearing before the Zoning Board of Appeals. certified mail all legal notices to all abutters, and certifying the time and date of filing. The remaining ten PLANS.
copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of
then supply.proof of mailing to the ZBA secretary. Appeals secretary. the decision and any accompanying plans at the Essex
10 A. Major Projects Applicant is to supply stamps (appropriate ( County North Registry of Deeds, Lawrence
Major projects are those which involve one of the.following current postage) for mailing of decisions to all STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of
whether existing.or proposed: a) fiveor more parking parties in interest as identified in MGLA ch. 40A, Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of
spaces, b) three or more dwelling units, and sec. 11 as listed on the application. ZBA Secretary information, the petitioner requests from the Assessors Appeals and the Building Department Office.
c) 2000 square feet or more of building area. will compute number of stamps. Office a certified list of Parties in Interest (abutters).
Minor projects that are less than the above limits shall B. Applicant is to supply one (1) set of addressed
require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail
asterisks (*). In some cases further information may be decisions to abutters and parties in interest.
required
q C. Administrative fee of$50.00 per application.
T E
10 B. Plan Specifications:
IMPORTANT PHONE NUMBERS:
a) Size of plan: Ten (10 ) copies of a plan not to exceed 978-688-9541 Zoning Board of Appeals Office
11"x17", preferred scale of 1"=40'. A Variance once granted by the ZBA will lapse in 978-688-9501 Town Clerk's.Office
b) Plan prepared by a Registered Professional Engineer one (1) year if not exercised and a new petition must 978.688-9545 Building Department
and/or Land Surveyor, with a block for five (5) ZBA be submitted.
signatures and date indicated on mylar.
50 DEERMEADOW ROAD
NORTH ANDOVER, MA 01845
E-MAIL. FrankGilesSurvey@,Mediaone.net
TEL. (978)683-2645 (978)683-3924
SURVEYING LAND PLANNING CONSULTING
SEPTEMBER 24, 2001
To: NORTH ANDOVER ZONING BOARD OF APPEALS
From: FRANK S. GILES, P.L.S.
RE: VARIANCE APPLICATION from MGLA ch. 40A Sec. 10
Site: 10 CABOT ROAD
i
This document is to address a requirement WRITTEN DOCUMENTATION of Section on
page 4 of 4 on the Mariance application.
A. The particular use is existing as a Single Family Residential and remains as such.
B. The soil conditions, topography shall not be altered or affected.
C. The hardship is a pre-existing nonconforming situation and with a growing family `
needing more room to function properly.
D. The proposed addition will be small and consistent with conditions in the immediate
area.
E. The zoning is meant to protect the public health, safety conditions,traffic overcrowding
conditions do not derogate the purpose. This allows the family to maintain a level of housing
for the level of income .
F. There are no wetlands on this property or within any jurisdictional distance to warrant a
RDA.
Please call me for any questions you may have in this matter.
Thank you
Frank S. Giles, P.L.S.
r
1
40RTsi q
t"o ` H°
O Zoning
g Bylaw Denial
A
w
Town Of North Andover Building Department
cNuse 27 Charles St. North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street: q o
Ma /Lot:
A licant: corn, t V S JCA r`p n. cps c- y
Request: i`,a X4- m pfll vL X
Date: - 01
a �
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning R -
item Notes
A Lot Area Item Notes
F Frontage
1 Lot area Insufficient 1 Frontage Insufficient
2 Lot Area Preexisting y e S 2 Frontage Complies
3 Lot Area Complies 3 Preexisting frontage
forme
4 Insufficient Ination 4 Insufficient Information
B– Use 5 No access over Frontage
—
I Allowed
G Contiguous Building Area ,y
2 Not Allowed –F Insufficient Area
3 Use Preexisting 2 Complies
4 Special Permit Required `1 e S 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 yes 2 Complies
3 Left Side Insufficient `(e 3 Preexisting Height
4 Right Side Insufficient y e S 4 Insufficient Information
5 Rear Insufficient 4 S
H e 5 I Building Coverage
=Insufficientinformation
Preexisting tback(s) 1 Coverage exceeds maximum
formation 2 Coverage Complies
3 Coverage Preexistinghed 4 Insufficient Information
natershed Sign
1
3 Lot prior to 10/24/94 Sign not allowed
4 Zone to be Determined 2 Sign Complies
5 Insufficient Information
3 Insufficient
E Historic District Information
K Parking N
1 In District review required 1 More Parking Required
2 Not in district ie S 2 Parking Complies
3 Insufficient Information 3 Insufficient Information
4
Ire-existing Parkin
Remedy for the above is checked below.
Item # Special Permits Planning Board Item # Variance
Site Plan Review S ecial Permit �— Setback Variance
Access other than Fronta e Sp-ecial Permit Parkin Variance
Frontage Exce tion Lot Special Permit
Common Drivewa Special Permit Lot Area Variance
Con re ate Housina S ecial Permit He ht Variance
Continuing Care Retirement Special Permit Variance for Si n
Inde endent Elderl Housin S ecial Permit S ,tial Permits Zoning Board
S ,tial Permit Non-Confor un Use ZBA
Lar a Estate Condo S ,tial Permit
Planned Develo ment District S ,tial Permit Earth Removal Special Permit ZBA
S ecial Permit Use not Listed but Similar
Planned Residential S ,tial Permit
R-6 Densit Special Permit S ,tial Permit for Si n
Watershed Special Permit S ecial Permit reexistin n inconformin
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 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
by reference. The building department will retain all plans and documentation for the above
Building Department. The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein
file.You must file a new building
permit application form and begin the permitting process.
Building Departmen Official Signature Application Received Application Denied
Denial Sent : If Faxed Phony Niimho./nom+
Pian Review Narrative
The following narrative is provided to further explain the reasons for denial for thea li
permit for the property indicated on the reverse side: pP cation/
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Referred To:
Fire Health
Police Zoning Board
Conservation De artment of Public Works
the n
OHistorical Commission
Other BUILDING DEPT
TOWN OF NORTH ANDOVER, MA
ASSESSORS RECORDS
CERTIFIED ABUTTERS LIST:
SUBJECT PROPERTY:
1VL,kP & PARCEL ADDRESS OWNER
MAP 15,
PARCEL 26 10 CABOT ROAD CASEY, CORNELIUS M, JR & KAREN
MAP & PARCEL ADDRESS OWNER
015.0-0011 21 NORMAN ROAD TRICKETT, JOSEPH S
015.0-0012 29 NORMAN ROAD BOEGLIN, PAULINE ESTELLE
015.0-0013 29 BUCKINGHAM ROAD SMITH, DAVID V
015.0-0014 33 BUCKINGHAM ROAD STACK, BARBARA A
015.0-0014 33 BUCKINGHAM ROAD STACK,'BARBARA A
015.0-0025 18 CABOT ROAD JULIUS,JEFFREY S
015.0-0024 20 CABOT ROAD NIZIAK, WALTER F
015.0-0010 11 NORMAN ROAD BONFILIO JR, PETER J
015.0-0031 9 CABOT ROAD ANDRUSS, EDWARD L.
015.0-0032 15 CABOT ROAD SOUCY, MARY E
SESSOR: DATK.
FRANKS-GILES,P.L.S. _.. _
DATE:
44
SH OF,44
�� AUGUST 21;-2001 SCOTT L.-G .,
NoNSF off° -.F N REVISIONS: FRANK S. GILES
w
SITE �� r N SUR VEYING _
41 1�
tq o� SCALE: 1"=20'- . .
10 S(1RV�
50 DEERMEADOW ROAD
20' NO. ANDOVER; MA 01845 (978) 683-2645
AUGUST 2t,2001
WWWTRANKGELESSURVEY CONE
LOCUS SUBJECT PROPERTY
MAP 15,PARCEL 26 PLAN OF LAND _.
NTS 10 CABOT ROAD LOCATION
CASEY;CORNELIUS M,JR0KAREN L CASEY
AREAo.13 AC. 10 CABOT STREET
BK. 64,PG- 33 NORTH ANDOVER; MA •
LANDCOURT PLAN 48813E PREPARED FOR
' ASSESSORS MAP 15 PARCEL.26
CORNELIUS M' & KAREN,L. CASE-`
W
c MAP 15,PARCEL I 1
<� 21 NORMAN ROAD
t TRICKETT,JOSEPH S .
EMMA O TRICKETT
BK: 36,PG.385
MAP 15,PARCEL 12
29 NORMAN ROAD
U BOEGLIN,PAULINE E.
BK.70,PG. 373
BOUNDS
N
NOT FND.
2ps,
F -
-sl � �~ V
k
3 .
- M
- - -- - 00
00
LOT 17A
PARCEL 26
O o
01,
8' MAP 15 PARCEL 13
5,607"S.F.
N f
29 BUCKINGHAM RD
rr�\� SMITH,DAVID V
`J
IvIIRIAM G SMITH
BK-55,PG. 157
89 6'
ti M
b
- FxJ t• _
ADDITION U
MAP 15,PARCEL 25
18 CABOT RD MAP 15 PARCEL 14.•U-N
EXISTING 27' S,JEFFREY S 33 BUCKINGHAM ROAD
12' BUILDING APRILJULIUS STACK,BARBARA A
BK. 103,PG. 389 BK. 39,PG.477
281 12
SIDE"VMWX�ST �Ij D
NTS
ZONING DISTRICT R-4
EXIST.HEIGHT=27 FT
:
NORTHANDOVER PROP.HEIGHT 12 FT - THIS IS,TO CERTIFY THAT I HAVE CONFORMED z
BOARD OF`APPEALS .:". ' - _ EXIST.BUILDING AREA
PROP-ADDITION 350 SF= 1,000 SF- WITH THE RULES AND REGULA-TIONS,OF THE
REGISTERS'OF DEEDS IN PREPARING THIS PLAN
- . .
REGISTRY OF DEEDS USE ONLY.
.:.,THE PROPERTY LINES SHOWN ARE THE -
LINES DIVIDING EXISTING OWNERSHIPS,AND
THE LINES OF STREETS AND WAYS SHOWN
ARE THOSE OF PUBLIC OR PRIVATE STREETS
OR WAYS:ALREADY-ESTABLISHED,AND NO
.DATE OF FILING: .NEW.LINES._FOR DIVISION OF EXISTING - -
DATE OF HEARING:'
OWNERSHIP OR NEW WAYS ARE SHOWN.
DATE OF APPROVAL:
DATE:
�C X LIENT WA S EYWARIANCE.DRG