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HomeMy WebLinkAboutBuilding Permit #Exception - 11 DANA STREET 5/1/2018 NORTH BUILDING PERMIT– 0 ,%.Ft> ,, + TOWN OF NORTH ANDOVER" 0 ^_ APPLICATION FOR PLAN EXAM INATIO.N� : _'_ * T _ Permit No#• Date,:Received�i�� , �* �qs R,TED SACHU`.+ Date Issued: IMPORTANT:Applicant must complete all'itelus on.this"page tyr Puntt s � ► 4. {?ROPERTY OWNE�i� s Pu7-77 nt k; �� s10oY ar S acture yes` no' PARCEL. � ?ONING ®ISTRICT. ate` Histor=[c ®istnct yes n® MAP _ - g '4 ; op U_ ag.e._ Ye _ Machine Sh ;ill s no. TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑Addition ❑Two or more family ❑ Industrial ❑Alteration No. of units: ❑ Commercial ❑ Repair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other -. _ ._ _w Se ttic ❑.;w6u ❑ FI_oodplam W Wetlands Watershetl'IDistnct + Wates/Sewer - - -- - --- - DESCRIPTION OF WORK TO-BE PERFORMED: I qm /LY Sv ) r Identification- Please Type or Print Clearly ��,7Z OWNER: Name: 'Phone: ?-M32 Address: D 19 N'9 ,r`sz E E r Contractor Name: _: __ `_ _� Phone: .__ _r. Sup�rysorts'Consfr==cacti®n Llcnse Exp ®ate -. X. 7®a etig Home'Improuement License ARCHITECT/ENGINEER J A Ck Sru GLI✓A-^� Phone: Address: 'Reg-No.. FEE SCHEDULE.BULDING PERMIT.$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost: $ FEE: Check No.: ReceiptrNo-t,­.-.. NOTE: Persons contracting with unregistered contractor ado not;h'aveaccess to the guaranty fund Signature,ofAgent/Owrier ___w_r_ _ Signatures®fcon#actor Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ rWell SEWERAGE DISPOSAL ewer ❑ Tanning/MassageBody Art ❑ Swimming Pools ❑ ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ eptic tank,etc. ❑ Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM PLANNING & DEVELOPMENT Reviewed On Signature_ COMMENTS CONSERVATION Reviewed on Siqnature COMMENTS HEALTH Reviewed on Siqnature COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/signature& Date Dri eway Permit _ DPW Town Engineer: Signature: Located 384 Osgood Street FIRE'DEPARTMENaT - Ternp?_Du.mpsterEon site. Oyes, __ .� _ iLocated°at 124'Main Str,"eet - r - - �_.. F:`re iDepartrnent;sgnature/date=__� , _ {C � MME'NTS_ Dimension Number of Stories: Total square feet of floor area, based-:on.1,Bdd:dor dimensions. Total land area, sq. ft.: -- ELECTRICAL: Movement of Meter location, mast or service"drop`-requires approval of Electrical Inspector Yes No i DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$1o0-$1000 fine i NOTES and DATA— (For department use) i ❑ Notified for pickup Call Email f Date Time Contact Name Doc.Building Permit Revised 2014 t:; Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits o Building PP Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work o Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ' ❑ Photo Copy of H.I.C. And C.S.L. Licenses o Copy Of Contract ❑ Floor/Cross Section/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) o Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) o Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit o Two Sets of.Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report o Engineering Affidavits for Engineered products VOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg. Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc:Building Permit Revised 2014 4-1 TOWN OF NORTH ANDOVER SPECIAL, T�_ ; 1J1-EI�t, � OFFICEr I- ZONING BOARD OF APPEALS PERMIT 2015 MAR 19 Ail 9: 57 NAME Frank D . Rowe ADDRESS OF APP 11 Dana Street North Andover MA 01845Town C " beam Procedure' & Requirements for an Application for a Special Permit Twelve(12)copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty(�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 for a 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. pefitinner 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 Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form 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 petition,the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the Information it has received to date. Petitioner submits all of the required plan information as STEL 9• DECISION: cited in Section 10 page 4 of this form. After the hearing,a copy of the Board's decision will be STEP 4: LIST OF PARTIES iN INTEREST: sent to ail parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a 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. STEPS. SUBMIT APPLICATION: STEP 10: RECORDING THE DECISION AND PLANS. Petitioner submits one(1)original and 11 Xerox copies of all the required information'to the Town Clerks Office The petitioner is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision, Mylar,� ,and any accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 354 Merrimack Office,and the 11 Xerox copies will be left with the St., Lawrence MA 01843,and shall complete the Zoning Board of Appeals secretary. Certification of Recording form and forward if to the Zoning Board of Appeals and the Building Department. �3a.►" -k ,e;• !.3z— , :e<.S�,ey. ^� 3E sre.. _'•5. - �–'�'• t – – IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev.&Services Town Half 1600 Osgood Street 120 Main Street Building 20,Suite 2035 North Andover, Massachusetts 01845. 978-688-9542 fax for Community Development offices 978-688-9501 Town Cleric's Oftice 978-688-9545 Building Department 978-688-9566 Assessor's Office 978-688-9541 Zoning Board of Appeals Office PAGE 1 0 4 PAGE 2 OF 4 Date&Time Stamp Applica#ion for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS '[. Petitioner° Name, address and telephone number: Frank D . Rowe 11 Dana Street North Andover MA 01845 (978) 771-5932 '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: Frank D. Rowe Heather B. Rowe and Graham B. Rowe 11 Dana Street North Andover , MA (978) 771-5932 Years Owned Land: 26 years 3. Location of Property: a. Street: 11 Dana Street Zoning District R 4 b. Assessors: Asap number 15 Lot Number: 5 3 c. Registry of Deeds: Book Number 13 9 4 o Page Number. 281 4. By-Law Sections under which the petition for the Special Permit is made. - 4 - 122 (R Gid n . 1 District 4) Section 22 (Family Suite) I "Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: _ Request for a Special Permit pursuant to Section 4 . 122 . 22 of the North Andover Zoning Bylaw to contruct an attached dwell-' n unit to an existing residence to be occupied as a famil suite in accordance with the bylaw. "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. Page 3 of 4 NORTH ANDOVER ZONING BOAR® OF APPEALS application for a SPECIAL. PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 10 , 000 8, 129 18 . 71 % 100 4+ 23 . 1 20 . 3 5 . 5 6 . 9 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 10 ,000 7 ,566 24 .34 % 100 4+ 23 . 1 20 . 3 5 . 5 6 .9 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 12 , 500 NA NA % 100 NA 30 15 . 15 30 7A. Existing Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units** 1871 2 2 ,681 One-Family Dwelling 1 *Reference Uses from the Zoning Bylaws&Table 1. "State number of units in building. 7B. Proposed Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units** 2 , 432 2 3, 242 One-Family Dwelling 2 with Family Suite *Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. 3. 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 filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with.application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by Zoni Board of this application as incomplete. Signature Type above nam-(s) here Frank D. Rowe PAGE 4 OF 4 zirECIAL PERMIT -. . yn^^ t, .gu ::.,..�<.�.,..�.w . t .v'A -:am..o-� - :..as' wt�..s.•S ��.....,.s; - "�' - f 3. i- �..�._. 9. WMTTEN DOCUMENTATION II) One(1)Mylar,with one block for Registry Use Application for a Special Permit must be supported by a Only, and one block for five(5)ZBA signatures and legibly written or typed memorandum setting forth in date. detail all facts relied upon. When requesting a Special III) Plan shall be prepared,stamped and certified by Permit from the requirements of MGLA ch.40A,and the a Registered Professional Land Surveyor. Please North Andover Zoning By-laws,all dimensional note that plans by a Registered Professional Engineer, requirements shall be clearly identified and factually Registered Architect, and/or a Registered Landscape supported. All points,1-6,are required to be Architect may be required for Major Projects. addressed with this application. *10 C. *Required Features On Plan: n Site orientation shall include: I.The particular use proposed for the land or structure. 1. north point 2.The specific site Is an appropriate location for such 2. zoning district(s) use,structure or condition. 3. names of streets 3.There will be no nuisance or serious hazard to 4. wetlands(f applicable) 5. abutters of property,within 300'radius vehicles or pedestrians. 4.Adequate and appropriate facilities will be provided 6. locations of buildings on adjacent properties for the proper operation of the proposed use. within 50'from applicants proposed structure ' 5.The use is in harmony with the purpose and intent of t 7. deed restrictions,easements. i Zoning Bylaw. 11) Legend&Graphic Aids shall include: 6.Specific reference and response to the criteria 1. Proposed features in solid lines&outlined in red required by the particular Special Permit for which 2. Existing features to be removed in dashed lines this application is made(i.e.the Earth Removal 3. Graphic Scales Special Permit has unique criteria and submittal 4. Date of Plan requirements). 5. Title of Plant 6. Names addresses and phone numbers of the 10. PLAN OF LAND applicant,owner of record,and land surveyor. 7. Locus. Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans 10 D. Minor Projects must be submitted with this application to the Town Minor projects,such as decks,sheds,and garages, Clerk's Office and ZBA secretary at least thirty(30)days shall require only the plan information as indicated with prior to the public hearing before the Zoning Board of appeals. � an. asterisks(*). In some cases further information may be required A set of building elevation pians by a Registered 11. APPUCATION PILING FEES Architect may be required when the application involves new constructionta conversion)and/or a A. Notification fees:Applicant shall provide a proposed change in use. check or money order to: Town of North Andover"for the cost of first class, certified, return receipt x#of all parties in interest identified in MGLA ch.40A§11 10 A. Major Projects on the abutter's list for the legal notice check.Also, Major projects are those,which involve one of the the applicant shall supply first class postage stamps following whether existing or proposed: for each address listed on the abutter's list, plus an 1)five or more parking spaces, additional 2 for the decision mailing. II)three(3)or more dwelling units, B. Mailing labels:Applicant shall provide four(4) III)2000 square feet of building area. sets of mailing labels no larger than 1"x2 5/8°(3 copies for the Legal mailing and one copy for the Decision Major Projects shall require that in addition to the above mailing). features,pians must show detailed utilities,soils, and C. See 2005 Revised Fee Schedule. topographic information. ©® A Special Permit once granted by the ZBA will *10. B.*Plan Speciifications: lapse in 2(two)years if not exercised and a new I) Size of plan: Ten(10) paper copies of a plan not petition must be submitted. a® to exceed 11"xl7",preferred scale of 1 99 0' ZONING TABLE: ZONING DISTRICT.• R4 REQUIRED PROVIDED MAX. HEIGHT 35 FEET < 35 FEET MIN. LOT FRONTAGE. 100 FT 100.00' MIN. LOT AREA: 12,500 S.F. 10,000 S.F. MIN. FRONT SETBACK 30 FT 23.1 FT MIN. SIDE SETBACK 15 FT 5.5 FT MIN. REAR SETBACK 30 FT 6.9 FT NORTH ANDOVER ZONING RECORD OWNER: BOARD OF APPEALS ASSESSOR MAP 15, LOT 53 FRANK & HEATHER ROWE 11 DANA STREET NORTH ANDOVER, MA 01845 DEED REF: BK 2971 PG: 44 FOR REGISTRY OF DEEDS USE ONLY PLAN REFERENCE: BOOK.- 173 PAGE: 600 TAX MAP 15 LOT 41 TAX MAP 15 LOT 40 APPROVED 20_ #20 HAROLD STREET #10 HAROLD STREET N/F DAVID J. LICCIARDI EX. 1 ST. N/F CURTIS COGLIANO N86'OO 00"E GARAGE' i 100.00' �*r LOT AREA= 5.7' / 10,000 S.F. EX. 1 ST. 1EX. 1 ST. ro o G KA 'E / GARAGE M ui N / 5.5' 36 / EX. 1 STALL GARAGE (19'x25') TO BE RAZED. 12.4' PROP. ADDITION TO BE BUILT WITHIN DECK o I I EX. GARAGE FOOTPRINT AND EXTEND AS 3 30.0' I ^ I SHOWN. ADDITION SHALL NOT BE C:, . /// //moi/ N CLOSER THAN 6.9 FEET TO REAR LOT LINE Lu 10 o i I o l o o EXISTING EX. ROOFED PLATFORM + STEPS Ln :2 -q- - / 1 STY WOOD TO BE REMOVED ww Z STRUCTURE I o�W ^N� 20.3' // // / I vF(A ; a Z w / / / , 24.5' I o w #1 DANA ST. I a ' ^ I Ex. Bit.I w Ln a a � I sConc.yI� o ao Drivewalo m o o w o N N I 10 X VE f S86'00700"W I I 100.00' DANA STREET GRAPHIC SCALE SCALE.-1"=20' FEET 20 0 10 20 "I HEREBY CERTIFY THAT THE PROPERTY LINES SHOWN ON THIS PLAN ARE THE LINES DIVIDING 11 DANA STREET EXISTING OWNERSHIPS, AND THE LINES OF THE STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY PLOT PLAN OF LAND ESTABLISHED, AND THAT NO NEW LINES FOR LOCATED IN DIVISION OF EXISTOR FOR NEW WAYS ARE SHOWNNANDWTHIS SPLAN CONFORMS TO THE NORTH ANDOVER, MASS. RULES AND REGULATIONS OF THE REGISTRY OF DEEDS." (ESSEX COUNTY) I DECLARE, TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, INFORMATION, AND BELIEF, THAT PREPARED FOR THIS PLAN WAS PREPARED IN ACCORDANCE FRANK ROWS WIT THE RULES AND REGULA71ONS OF THE REGISTERS OF DEEDS. SCALE: I"= 20' DATE. FEB. 24, 2015 PREPARED BY SULLIVAN ENGINEERING GROUP, LLC 22 MOUNT VERNON ROAD BOXFORD, MA 01921 (978) 352-7871 PAUL FINOCCHIO, PLS DATE SHEET No. 1 OF 1 z SMOLAK & VAUGHAN ATTORNEYS AT LAW MEMORANDUM To: Town of North Andover Zoning Board of Appeals Applicant/Owner: Frank D. Rowe Property: 11 Dana Street(Map 15/Parcel 53) Date: March 19,2015 MEMORANDUM IN SUPPORT OF PETITION FOR SPECIAL PERMIT I. INTRODUCTION The Petitioner,Frank D. Rowe,is requesting a special permit to allow for the construction of an addition to an existing single family dwelling located at 11 Dana Street,North Andover,MA(the"Property"),to be used and occupied as a Family Suite. Specifically,the Petitioner is seeking relief pursuant to Section 4.122(22) of the Zoning Bylaw of the Town of North Andover,as amended (the"Zoning Bylaw') in the form of a special permit to allow for the addition of a Family Suite at the Property to be occupied by Frank D. Rowe and his wife,Heather B. Rowe,and with the primary residence to be occupied by their son,Graham B. Rowe,together with his wife and children. II. BACKGROUND The Petitioner is the owner of the Property located at 11 Dana Street,which is a single family home with a detached garage. The Property is designated on the Town of North Andover Assessors Maps as Map 15,Lot 53. The Property is presently owned by Frank D.Rowe and Heather B. Rowe,husband and wife,in common with their adult son, Graham B. Rowe.The Petitioner and his wife originally acquired the Property in July,1989,and it was later conveyed into common ownership with their son,Graham,in August,2014,as evidenced by a Deed recorded with the Essex North Registry of Deeds at Book 13940,Page 282. A copy of the Deeds for the Property and a Plot Plan depicting the existing and proposed footprints of the structures is included with the Petitioner's application. {00088964;v1} East Mill,21 High Street,Suite 301,North Andover,MA 01845 WWW.SMOLAKVAUGHAN.COM Memo to North Andover ZBA Re:11 Dana Street March 19,2015 The Property is located in the Residence 4 ("R-4") Zoning District where the existing use of the Property as a single family residential dwelling is permitted by right. Pursuant to Section 4.122(22) of the Zoning Bylaw,however,the construction of a second dwelling unit on the Property to be occupied as a Family Suite would require the issuance of a Special Permit by the Zoning Board of Appeals. Accordingly,when the Petitioner applied for a building permit to allow for the construction of an addition to include the Family Suite,the Building Inspector issued a denial of the building permit dated March 17,2015 (the"Denial Letter"),citing as the basis for denial that the proposed project requires a Special Permit. The Property is an older home with a number of preexisting lawful nonconformities. The Property is improved with a single family home and detached garage,on a slightly undersized lot(10,000 SF where 12,500 SF is now required) and with existing dimensional setback nonconformities (side setback of 5.5 feet where 15 feet is now required,rear setback of 6.9 feet where 30 feet is now required,and front setback of 23.1 feet where 30 feet is now required.) The existing home and garage are in need of update and repair, and the proposed addition and project will include substantial improvement(both aesthetically and structurally)to the existing structures and Property.The existing detached garage will be partially razed and will be reconstructed, with the Family Suite to be attached to the garage and also being attached to the existing principal residence. It is noted that while existing dimensional setback nonconformities will remain as presently existing,no new nonconformities will be created and no existing nonconformities will be increased. III. DISCUSSION As noted above,the Petitioner is requesting a Special Permit for the construction of an addition to an existing single family dwelling to include a second dwelling unit to be occupied as a Family Suite pursuant to Section 4.122(22) of the Zoning Bylaw. Section 4.122(22) of the Zoning Bylaw establishes that a Family Suite is allowed, and a separate dwelling unit may be added within or attached to a dwelling for a member of a household,provided that the dwelling unit is not occupied by anyone except brothers,sisters,maternal and paternal parents and grandparents,or children of the residing owners of the dwelling unit. In this case,the principal residence will be occupied by one of the joint owners of the property (Graham B. Rowe-son) and the Family Suite or second dwelling unit will be occupied by the remaining joint owners (Frank D. Rowe and Heather B. Rowe-parents of member of household.) As such,the residency requirements of Section 4.122(22) of the Zoning Bylaw are clearly met. {00088964;v1} 2 v J Memo to North Andover ZBA Re:11 Dana Street March 19,2015 In addition to the requirements set forth in Section 4.122(22) of the Zoning Bylaw,there are certain dimensional requirements for a Family Suite which are set forth in the definitions at Section 2.37.1 of the Zoning Bylaw. This provision requires that the Family Suite be subordinate in size to the principal unit and separated from it in a manner which maintains the appearance of the building as a single family dwelling. More specifically,this provision requires that the size of the Family Suite not exceed 1200 square feet or 25% of the gross floor area of the principal unit,whichever is lesser. In the present case,the new dwelling unit will consist of 612.5 SF (25' x 245),whereas the gross area for the principal dwelling will be 2629.5 SF. The resulting percentage is 23.29%. As such,the Family Suite is subordinate in size to the principal unit and satisfies both the 1200 SF and 25% of gross floor area thresholds as set forth in Section 2.37.1 of the Zoning Bylaw. In addition,the elevation plans (as submitted with the application and floor plans) demonstrate that the new structure will continue to appear as a single family dwelling. The effect of adding the new unit to the rear of the existing home,attached to both the garage and existing dwelling,will simply give the appearance of a single family home with an attached garage rather than give the appearance of a multi-family home or structure. In addition to satisfying the dimensional criteria for a Special Permit as described above, the current application fulfills the general purpose and intent of providing suitable housing for semi-independent living and to facilitate transition of care of aging parents. In this case,Mr.and Mrs. Rowe are longstanding residents of North Andover, having lived in their home on Dana Street for 26 years. Both Mr. and Mrs. Rowe are suffering disabilities,have been unable to fully utilize the second floor of their home and they will be requiring more assistance and care as they continue to age.Their son, Graham Rowe,is a North Andover firefighter and EMT and he will be able to move to an affordable home in North Andover to raise his own family while also providing needed care and assistance for his parents while they are able to transition to a more manageable ground floor living space. IV. BASIS FOR SPECIAL PERMIT The Petitioner's proposed special permit meets all of the conditions for granting of a special permit as set forth in the Zoning Bylaw as discussed above. In addition, each of the required points 1 through 6 appearing in Section 9 of the Special Permit Application are addressed in this application,including as follows: 1. The particular use proposed for the land or structure: The proposed use for the land will be for the construction of a Family Suite to be attached to an existing single family residence which is an allowed use in the R-4 zone with and upon issuance of the special permit. {00088964;v1} 3 v Memo to North Andover ZBA Re:11 Dana Street March 19,2015 2. The specific site is an appropriate location for such use structure or condition•: The use is permitted by right(with special permit) and the appearance will remain consistent with other single family homes within the neighborhood. The specific site has been the Petitioner's residence for 26 years and will allow for the continued ownership and occupancy for years to come in a familiar setting. 3. There will be no nuisance or serious hazard to vehicles or pedestrians:The residential use is presently allowed. There will be no increased use or intensity of use which will create any hazard. 4. Adequate and appropriate facilities will be provided-for the proper operation of the proposed use: The Property is in an existing residential neighborhood with all necessary facilities presently existing and in place. 5. The use is in harmony with the purpose and intent of the Zoning Bykw• Allowing the construction of the proposed Family Suite will not derogate from the intent or purpose of the Zoning Bylaw.The proposed use is a permitted use in the R-4 zone and will allow further improvement and development of a property in need of aesthetic repairs that is consistent with and in keeping with other properties in the neighborhood. The use is permitted by right and the appearance will remain consistent with other single family homes within the neighborhood. 6. Specific reference and response to the criteria required by the particular Special Permit {or which this application is made (i.e. the Earth Removal Special Permit has unique criteria and submittal requirements.): The specific criteria required by a Special Permit for a Family Suite are addressed in detail in the discussion section of this memorandum above.Specifically,the Family Suite Special Permit requires that: (i) the new dwelling unit be of a limited size(less than 1200 SF or 25% of gross area of principal dwelling), (ii) the building maintain its appearance as a single family home,and(iii) that the unit be occupied by a related party of a specified kinship (such as parent/child as in this case.) All of these criteria have been satisfied as discussed in detail above and there are no other unique criteria or submittal requirements. {00088964;v1) 4 J Memo to North Andover ZBA Re:11 Dana Street March 19,2015 Accordingly,for the reasons stated above,and others that will be presented at the hearing,the Petitioner respectfully requests the Zoning Board of Appeals to grant the requested special permit,and to allow the proposed construction of an attached Family Suite to the existing single family residence on the Property. Respectfully submitted, Frank D. Rowe By his attorney, Brian G.Va han,Esq. SMOLAK&VAUGHAN LLP 21 High Street,Suite 301 North Andover,Massachusetts 01845 Tel. (978) 327-5217 {00088964;v1} 5 OWNER AUTHORIZATION 11 Dana Street,North Andover, MA (Map 15,Parcel 53) We, the undersigned, Frank D. Rowe,Heather B. Rowe and Graham B. Rowe, are the record owners of the real property known and numbered as 11 Dana Street, North Andover,Massachusetts 01845,by virtue of a deed recorded with Essex County Northern District Registry of Deeds at Book 13940, Page 281 (the"Property"). As the record owners of the Property, please note that we each hereby authorize Smolak &Vaughan LLP and Sullivan Engineering Group, Inc. to submit any and all applications and supporting information for permits and approvals in connection with a proposed addition to be constructed at Property, including without limitation, any submissions with the Planning Board, Zoning Board of Appeals and/or Building Department of the Town of North Andover, Massachusetts, in connection with pursuit, negotiation, and obtaining any special permit(s), variance(s), or any other permits, approvals, or consents necessary or desirable in connection with obtaining approvals for construction of the proposed addition and conversion of the Property from a single family home to a two family or to a single family home with an in-law family suite. Dated: March 18,2015 OWNERS: Frank D. Rowe Heather B. Rowe Bk 13940 Pg281 #17227 r � 08-07-2014 @ 02:52p QUITCLAIM DEED xyv-E, FRANK D.R.OWE AND HEATHER B.ROWE,husband and wife OYf 11 Dana Street,North Andover,MA 01845 For consideration paid in the amount of LESS THAN ONE HUNDRED DOLLARS GRANT TO: FRANK D.ROWS.ANL}HEATHER B.R.OWE,husband and wife, as Tenants by the Entirety,and GRAHAM[B.,ROWE,an as.paint Tenants Of 11 Dana Street,North.Andover,MA 01845 With QUITCLAIM[COVENANTS The land,with the buildings thereon situated on a certain tract of land situated in,said'North Andover,being lots numbered 101 and 102 as shown on a plan of Waverly Park recorded with the Northern District of Essex Registry of Deeds in Book 173,Page 600(Plan 0247),which tract of land is described as follows: Beginning at a point 92.65 feet westerly from the intersection of the northerly line of Dana Street with the westerly line of Railroad Avenue(now called Waverly Road); thence running northerly 100 feet by lot numbered 103 on said plan to lot numbered 85 on said plan; thence-turning and running westerly 100 feet by lots numbered 85 and 84 as shown on said plan; thence turning and running southerly 100 feet by lot numbered 100 as shown on said plan; thence turning and running easterly 100 feet by said northerly line of Dana Street to the point of beginning. PROPERTY ADDRESS: I I DANA STREET,NORTH ANDOVER,Mme.01845 MILSSACHUSETTS STATE EXCISE TAX Essex North Registry Date: 08-07-2014 @ 02:52pm Ctl#: 61 Doc#: 17227 Fee: $.00 Cons: $1.00 Bk 13940 Pg282 #17227 Being the same premises conveyed to us by deed dated July 20, 1989 and recorded in said Registry of Deeds at Book 2971., Page 44. Witness my!ourr hand(s) and seal(s) this 7•h day of August,2014. th• othy .Latch N K D.ROWE r ` HEATHER B. COMMONWEALTH O.F M.AASSA.CHUSETTS Essex,ss. On this 7h day of.August,2014, before me,the undersigned notary public,personally appeared MA.NK D. ROWE AND REATJWR B.ROWE, proved to me through satisfactory evidence of identification, which was photographic identification with signature issued by a federal or state governmental agency, LJ oath or affirmation of a credible witness, ❑personal knowledge of the undersigned, to be the persons whose names are signed on the preceding or attached document, and who acknowledged to me that he/she/they signed it voluntarily for its stated purpose. :. ry m h ch �11tttNlli My Commission Expire: l0/1b/020 .,'"0jHY p'''•, GO Gt- 16 0 f n'•,'�` � a i�iOgi •r'q� ti�G 't> pU'6.• � � 0 C M. PAUL IANNUCCILLO, REGISTER ESSEX NORTH REGISTRY OF DEEDS E-RECORDED .f j B B B 9 71 44 MASSACHUSETTS QUITCLAIM DEED I 'a No, JUDITH A. SULLIVAN, of North Andover, and 1LUM X. THO1180N, of Andover, both within the County of Essex and Commonwealth of Massachusetts, for consideration paid, and in full A consideration of $175,000.00, grant to FRANK D. ROVE and HEATHER B. ROME, husband and wife as tenants by the may, i of 11 Dana Street, North Andover, Essex County, Massachusetts, the land with the buildings thereon situated on a certain tract of f land situated in said North Andover, being lots numbered 101 and t 102 as shown on a plan of Waverly Park recorded with the Northern 5 District of the Esex Registry of Deeds in Book 173, Page 600, which tract of land is bounded and described as follows: ti Beginning at a point 92.65 feet westerly from the intersection of the northerly line of Dana Street, with the .i westerly line of Railroad Avenue (now called Waverly Road); thence %y running northerly 100 feet by lot numbered 103 on said plan to lot numbered 85 on said plan; thence turning and running westerly 100 feet by lots numbered 84 and 85 as shown on said plan; thence L turning and running southerly 100 feet by lot numbered 100 on said I • plan; thence turning and running easterly 100 feet by said northerly line of Dana Street to the point of beginning. Being the same premises conveyed to us by deed of Ruth Eileen Bastian dated December 21, 1987 and recorded in2ee North Essex District Registry of Deeds at Book 2651, Page WITNESS our hands and seals this 20th day of July, 1989. JTTHIL�t� A. SULLIVAN HARM M. THOMSON COMMONWEALTH OF MASSACHUSETTS Essex, as. July 20, 1989 Then personally appeared the above named JUDITH A.•BULLIVAM and SHARON N. THOM= and acknowledged the foregoing i struaent to be their free act and deed, before , A. NOT Y PUB C (� ,,w , 9-24-93 e �`� $ '� .�o ., My emmission expires s e W Recorded July 28,1989 at 11:11AM #16064 t I r I CL.i i EXKAUSTFM !WS)DUCTw TO WBvoR BEDROOM BATH GARAGE r—� l�CYLIOIkY a L—J PARRY o® KITCHEN ®e -------- I LIVING ROOM I a.�cAl I ARCHJTEC URAL PAM potanAm 7MEOOTA MODEL FP i d3a I I APP(w70M11mLOCAym OF0ARADE 2P4' 1'-T SM SURVEYOR PLM FORACRW.LOrAMOR fp DECK W SLOG OR (�sTTN°� Wm CL. REMOVE BOSf WO tz i CL WWlDOW.'M+u 9 0081 NO DRNEWAY To MATCH EXW W66 WALL CIL p BEDROOM BATH• PANTRY © ZWi '--NEwsmem3cr BUIIGWAD ENTRY FIRST FLOOR PLAN 4 m_ r REMOVE EGSTWD STRUCTURE a ENTRY STAIRS a RDOF --- LIVING ROOM ——_— DINING ROOM KITCHEN µ.ms ROWE RESIDENCE v 11 DANA STREET NORTH ANDOVER, MA i GARAGE MFA-M&F.+a I I I 1 I I I I I I i I 194, DECK -0, \\--APPRDMW'M LOCA710N OF GARAOE SEE SURVEYOR FLAN FMACFU&LOCJ rM CL 0 BATH BEDROOM PANTRY as FIRST FLOOR PLAN C MOST o) N LIVING ROOM DINING ROOM KRCHEN ROWS RESIDENCE 11 DANA STREET NORTH ANDOVER, MA �ONlYP, MR•IIN i i i 4" CL. BATH ROOF Bm.ow HALL BEDROOM BEDROOM r STORAGE SECOND FLOOR PLAN ma"NO) AREA a B10&F.N- E ESIDENCE STREET DOVER, MA onewrro EXISTING PROPOSED PROP'S ADDITION FIN%�SH2NOCOR FIN FRONT ELEVATION ROWE RESIDENCE 11 DANA STREET NORTH ANDOVER MA .weu..r. oaewn. i PROP09Fm V FmsrTTNO ED FI 2ND FLOOR FFH FINISF I'18T FLOOR FIN19H 19T FLOOR —_ ._.... +.C 0087N0 fl GRADE VARIEB.V.I.F.ACTUALL COlmRi0N8. SLOPE FSSSH GRADE TO DRAM. NEW BASEMENT BULKHEAD ENTRY EKSTMGDEOK THIS AREA (SHOWN DASHED) LEFT ELEVATION ROWE RESIDENCE ( 1 11 DANA STREET NORTH ANDOVER MA o�,e«w I EXISTING J PROPOSED i LLW FINISH LOORIH I I Z LLW I FINISH ST FLOOR i All -- -- - _ _- FINISH 18T FLOOR ORO= E0FGRADEVARE6 REMDVE EI09TNG V.P.ACTUALC0lai0lI8 ENTRY SIRUCTURE OMPE MM GRADE TO DRAK RIGHT ELEVATION ROWE RESIDENCE 11 DANA STREET NORTH ANDOVER, MA .ererr.r. eu.a.l. I E aMM WMMW MEYOM) PROPoeEa�oDmoll NKruolrr - i - i FINISH 2ND FLOOR + I! it 1 FINISH 78T FLOOR NEW DECK E10NMGDECK NEW MANS W Duuowm SQTRY REAR ELEVATION ROWE RESIDENCE 11 DANA STREET NORTH ANDOVER, MA ZONING TABLE: ZONING DISTRICT. R4 REQUIRED PROVIDED MAX. HEIGHT 35 FEET < 35 FEET MIN. LOT FRONTAGE. 100 FT 100.00' MIN. LOT AREA: 12,500 S.F. 10,000 S.F. MIN. FRONT SETBACK 30 FT 23.1 FT MIN. SIDE SETBACK 15 FT 5.5 FT MIN. REAR SETBACK 30 FT 6.9 FT NORTH ANDOVER ZONING RECORD OWNER: BOARD OF APPEALS ASSESSOR MAP 15, LOT 53 FRANK & HEATHER ROWE 11 DANA STREET NORTH ANDOVER, MA 01845 DEED REF.• BK 2971 PG: 44 FOR REGISTRY OF DEEDS USE ONLY PLAN REFERENCE: BOOK. 173 PAGE. 600 TAX MAP 15 LOT 41 TAX MAP 15 LOT 40 APPROVED 20_ #20 HAROLD STREET #10 HAROLD STREET N/F DAVID J. LICCIARDI EX. 1 ST. N/F CURTIS COGLIANO N86'00700"E GARAGE 100.00' rn "vr LOT AREA= 5.77 / 10,000 S.F. EX 1 ST• EX. 1 ST. G F GARAGE M CN N � 5.5' 36 EX. 1 STALL GARAGE (19'x25') TO BE RAZED. 12.4' PROP. ADDITION TO BE BUILT WITHIN DECK �_ I EX. GARAGE FOOTPRINT AND EXTEND AS go SHOWN. ADDITION SHALL NOT BE 0 30.0' _ N CLOSER THAN 6.9 FEET TO REAR LOT LINE Z }o o o l o o EXISTING EX. ROOFED PLATFORM + STEPS w w I- 1 STY WOOD TO BE REMOVED z / STRUCTURE I Z w J co ' 20.3' I -,t o z w , 24.5' I ~o w� #1 DANA ST. ao� I _jpf¢ I Ex. Bit.I w Lo I Conc. loo a z a w I Drivewayl�0 o a s co o g o z N N N I 1 0 0 I Ico z I � S86'OO700"W I � 100.00' DANA STREET GRAPHIC SCALE SCALE:1"=20' FEET 20 0 10 20 "I HEREBY CERTIFY THAT THE PROPERTY LINES SHOWN ON THIS PLAN ARE THE LINES DIVIDING 11 DANA STREET EXISTING OWNERSHIPS, AND THE LINES OF THE STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY PLOT PLAN OF LAND ESTABLISHED, AND THAT NO NEW LINES FOR LOCATED IN DIVR NEW WA SOARE SHOWN ANDOF EXISTINGWNERSHIP THIS PLAN COOR NFORMS TO THE NORTH ANDOVER, MASS. RULES AND REGULATIONS OF THE REGISTRY OF DEEDS." (ESSEX COUNTY) l DECLARE, TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, INFORMATION, AND BELIEF, THAT PREPARED FOR THIS PLAN WAS PREPARED IN ACCORDANCE FRANK ROWE WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. SCALE: 1"= 20' DATE. FEB. 24, 2015 PREPARED BY SULLIVAN ENGINEERING GROUP, LLC 22 MOUNT VERNON ROAD BOXFORD, MA 01921 (978) 352-7871 SHEET No. 1 OF 1 PAUL FINOCCHIO, PLS DATE Bk 13940 P9284 #17227 08-07-2014 @02:52p QUITCLAIM DEED UT,FRANK D.ROWE AND HEATHER B.ROWE,husband and wife Of 1 I Dana Street,North Andover,MA 01845 For consideration paid in the amount of LESS THAN ONE HUNDRED DOLLARS GRANT TO: FRANK D.ROWE AND HEATHER B.ROWE,husband and wife,as Tenants by the Entirety,and GRAHAM B.ROWE,ail ss J01Dt Tenants Of 11 Dana Street,North.Andover,MA 01845 With QUITCLAIM(COVENANTS , r I The land with the buildings thereon situated on a certain tract of land situated in said North Andover,being lots numbered 101 and 102 as shown on a plan of Waverly:Paris recorded with the Northern District of Essex Registry of Deeds in Bonk 173,Page 600(Plan 0247),which tract of land is described as follows: Beginning at a point 92.65 feet westerly from the intersection of the northerly line of Dana Street with the westerly line of Railroad Avenue(now called Waverly Road); thence running northerly 100 feet by lot numbered 103 on said plan to lot numbered 85 on said plan; thence turning and running westerly 100 feet by lots numbered 85 and 84 as shown on said plan; thence turning and running southerly 100 feet by lot numbered 100 as shown on said plan; thence turning and running easterly 100 feet by said northerly line of Dana Street to the point of beginning. PROPERTY ADDRESS: 11 DANA STREET,NORTH ANDOVER,MA 01845 MASSACHUSETTS STATE EXCISE TAX Essex North Registry Date: 08-07-2014 @ 02:52pm Ctl#: 61 Doc#: 17227 Fee: $-00 Cons: $1.00 Abutter to Abutter( ) Building Dept (X ) Conservation (X ) Zoning (X ) 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 opposite on 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." Subiect Provertv: MAP PARCEL Name Address 15 53 Frank Rowe 11 Dana Street North Andover,MA 01845 Abutters Properties Map Parcel's Name Address 9 55 Dowe,Gallo&Kelleher 250 Middlesesx Street,North Andover,MA 01845 9 56 Stephen Dorherty 25 Stelyani Drive Haverhill,MA 01832 9 57 Clarence Scheipers 266 Middlesesx Street,North Andover,MA 01845 9 58 Nickolas Brings 39 Harold Street,North Andover,MA 01845 9 59 Matthew Gosselin 33 Harold Street,North Andover,MA 01845 9 80 Gianpiero Spino 25 Harold Street,North Andover,MA 01845 10 1 Gary Lemoine 17 Dana Street,North Andover,MA 01845 10 2 Peter Pawlick 23 Dana Street,North Andover,MA 01845 10 3 Mariella Fodera 40 Harold Street,North Andover,MA 01845 10 4 Brian Faye 31 Dana Street,North Andover,MA 01845 10 17 Donna Sullivan 16 Dana Street,North Andover,MA 01845 10 18 Heather Ankiewicz 22 Dana Street,North Andover,MA 01845 10 19 Michael Riordan 26 Dana Street,North Andover,MA 01845 10 20 Nancy Carey 176 Marblehead Street,North Andover,MA 01845 10 21 Stephen Murphy 11 Dewey Street,North Andover,MA 01845 10 22 Maryann Moore 15 Dewey Street,North Andover,MA 01845 10 23 Frederick Peterson 19 Dewey Street,North Andover,MA 01845 10 24 Christopher Cronin 27 Dewey Street,North Andover,MA 01845 10 59 David Witts 2 Birch Lane,Pelham,NH.03076 14 62 Laura Loiselle 212 Middlesesx Street,North Andover,MA 01845 -14 63,64,&73 Giglio-Middlesex Street Realty Trust 226 Middlesesx Street,North Andover,MA 01845 14 65 Francis Murphy 169 Gray Street,North Andover,MA 01845 14 66&72 Daniel Morrison 238 Middlesesx Street,North Andover,MA 01845 14 67 Gary Kalip 185 Waverly Road,North Andover,MA 01845 14 68 Kristyn Chartier 19 Harold Street,North Andover,MA 01845 14 71 Salvatore Giglio 7 Harold Street,North Andover,MA 01845 14 74 Michael Dowling 187 Waverly Road,North Andover,MA 01845 15 8 James Beagan 57 Olive Street,Methuen,MA 0184 15 9 Lori Crane 196 Waverly Road,North Andover,MA 01845 15 10 Nicholas Lunger 11 Norman Road,North Andover,MA 01845 15 31 Edward Andruss 9 Cabot Road,North Andover,MA 01845 15 32 Mary Soucy 15 Cabot Road,North Andover,MA 01845 15 33 Gerard Hallett 17 Cabot Road,North Andover,MA 01845 15 34 James Dowed 14 Saltonstall Road,North Andover,MA 01845 15 35 Beirne Family 2005 Realty Trust 216 Waverly Road,North Andover,MA 01845 15 36 Brian Sistek 212 Waverly Road,North Andover,MA 01845 15 37 Thomas Marcotte 206 Waverly Road,North Andover,MA 01845 15 38 Jane Marie Ritche 200 Waverly Road,North Andover,MA 01845 15 39 Richard Fisher 2 Harold Street,North Andover,MA 01845 15 40 Curtis Cogliano 10 Harold Street,North Andover,MA 01845 15 41 David Licciardi 20 Harold Street,North Andover,MA 01845 15 42 Fragala Irrevocable Trust 1 Dana Street,North Andover,MA 01845 15 43.1&43.2 Michael Holland 4 B Street Old Orchard Beach,ME 04064 15 44 Adam Davison 12 Dana Street,North Andover,MA 01845 15 45 D'agata RE Trust 44 Sawyer Road,North Andover,MA 01845 15 49 Town of North Andover 120 Main Street,North Andover,MA 01845 This certifies that the names appearing on the records of the Assessors as of Certified by: ate _Z— Bk 13§40 Pg282 #17227 Being the sauce premises conveyed to us by deed dated July 20, 1989 and recorded in said Registry,of Deeds at Book 2971,Page 44. Witness myOur hands)and seal(s)this 7'"day of August,2014. M"'i to the othy .klatchNUNNK D.ROWE JF HEATHER B.ROW COMMONWEALTH OF IMASSACDUSEWS Essex,ss. On this 7a'day of August,2014,before me,the undersigned notary public,personally appeared FRANK:D.RO'V'E AND HEAT B.ROWE, proved to me through satisfactory evidence of identification which wash photographic idecttification with signature issued by a federal or state governmental agency,u oath or affirmation of a credible witness,Q personal knowledge of the undersigned,to be the persons whose names are signed on the preceding or attached document,and who ackmowledged to me that he/sha&cy signed it volcmtarily for its stated purpose. 4, 2z j m � h �i111tiJ11 MY Commission Expires: 10/16/02Q'V.' �ixY p'''�., 1 • V �. iB �J LOG ?/�a•'j'.• 0•. t '.`. lot US�,, M. PAUL IANNUCCILLO, REGISTER ESSEX NORTH REGISTRY OF DEEDS E—RECORDED