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Home My WebLink AboutBuilding Permit #Exception - 19 CHADWICK STREET 5/1/2018 BUILDING PERMIT of NORTf/ q 32 h��tfLeD:rb 16 TOWN OF NORTH ANDOVER - - APPLICATION FOR PLAN EXAMINATION A Permit No#: Date Received wreo gSSACHUs�� Date Issued: IMPORTANT: Applicant must complete all items on this page LOCATION �� G��-J ,l�l✓IG,�- smrT pp Print PROPERTY OWNER noBfar-4 4. CLm�eb4A/4 -771omAS P Print ^ 1 100 Year Structure yes no MAP 6 6, PARCEL: 32- ZONING DISTRICT: Historic District yes no Machine Shop Village yes no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family XAddition XTwo or more family ❑ Industrial ❑ Alteration No. of units: Z ❑ Commercial ❑ Repair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other ❑ Septic ❑Well ❑ Floodplain ❑Wetlands ❑ Watershed District JC Water/Sewer DESCRIPTION OF WORK TO BE PERFORMED: .eX/'4/V D LL `J ✓V LCL LT� SecvA/D DWg LLI n/G UAI(r O vim- a g2✓IGRr— Identification- Please Type or Print Clearly OWNER: Name: '041 Phone: Address: /9 4A-f4J�,/ rNa- Jrife—e T" Contractor Name: i5b s f'62!— Phone: Email: Address: Supervisor's Construction License: Exp. Date: Home Improvement License: Exp. Date: ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE:BOLDING PERMIT.$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost: $ FEE: $ Check No.: Receipt No.: NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund :-_ . Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/Massage./Body Art ❑ Swimming Pools Well ❑ Tobacco Sales ❑ Food Packaging/Sales 11 Private(septic 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 6o / j Signature COMMENTS Nom. HEALTH Reviewed on Signature COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Wafter& Sewer Connection/Signature & Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT - Temp Dumpster on site yes no Located at 124,Main,Street Fire Department signature/date COMMENTS Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine NOTES and DATA— (For department use) ❑ Notified for pickup Call Email Date Time Contact Name 1..............__ Doe.Building Permit Revised 2014 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 .� Building 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 Engineering Affidavits for Engineered products OTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks 4, Building Permit Application �. Certified Surveyed Plot Plan Workers Comp Affidavit Photo Copy of H.I.C. And C.S.L. Licenses Copy Of Contract .4. Floor/Cross Section/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) 4 Mass check Energy Compliance Report (If Applicable) .;, Engineering Affidavits for Engineered products OTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ,r< Building Permit Application Certified Proposed Plot Plan ,r< Photo of H.I.C. And C.S.L. Licenses Workers Comp Affidavit Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) Copy of Contract 2012 IECC Energy code .� Engineering Affidavits for Engineered products OTE: 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 6/22/2016 Public Notices NORTH ANDOVER BOARD OF APPEALS NOTICE IS HEREBY GIVEN THAT NORTH ANDOVER BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday, June 28th, at 7:30 PM to all parties interested in the petition of Roberta &Thomas Clifford,for property address 19 Chadwick Street, North Andover, MA. 01845 (Map 66, Parcels 32), North Andover, MA 01845 in the R4 Zoning District. The Petitioner is requesting: A SPECIAL PERMIT FROM SECTION 4.122.14B OF THE ZONING BYLAW (CONVERSION FROM ONE FAMILY TO A TWO FAMILY IN THE R-4 ZONING DISTRICT) IS REQUIRED FROM THE ZONING BOARD OF APPEALS. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to it :30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman ET - 6/14, 6/21/16 Appeared in: Eagle-Tribune on 06/14/2016 and 06/21/2016 Back http://ma.mypublicnotices.com/PublieNotice.asp?Page=PublicNoticePrint&AdID=4130500 1/1 6/14/2016 Public Notices NORTH ANDOVER BOARD OF APPEALS NOTICE IS HEREBY GIVEN THAT NORTH ANDOVER BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street, North Andover, MA on Tuesday, June 28th, at 7:30 PM to all parties interested in the petition of Roberta &Thomas Clifford, for property address 19 Chadwick Street, North Andover, MA. 01845 (Map 66, Parcels 32), North Andover, MA 01845 in the R4 Zoning District. The Petitioner is requesting: A SPECIAL PERMIT FROM SECTION 4.122.14B OF THE ZONING BYLAW (CONVERSION FROM ONE FAMILY TO A TWO FAMILY IN THE R-4 ZONING DISTRICT) IS REQUIRED FROM THE ZONING BOARD OF APPEALS. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11 :30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman ET - 6/14, 6/21/16 Appeared in: Eagle-Tribune on Tuesday, 06/14/2016 Back http://m a.mypubl icnotices.com/PublicNotice.asp?Page=Pub]icNoticePrint&AdID=4130500 1/1 I� Abutter to Abutter( ) Building Dept ( ) Conservation ( X ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGI-40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: ((�� MAP PARCEL Name `�r Address 66 32 Roberta Clifford 19 Chadwick Street,North Andover,MA 01845 Abutters Properties Map Parcel Name Address 52 8 Gauthier Family Living Trust 330 Sutton Street,North Andover,MA 01845 52 18 Beverly Smith V 320 Sutton Street,North Andover,MA 01845 52 19 Hasina Alam ✓ 355 Sutton Street,North Andover,MA 01845 52 40 Estell Realty Trust 11 212 Old Gage Hill Road N,Pelham,NH 03076 52 41 David Desimone 206 High Street,North Andover,MA 01845 52 42 Jodi Black 202 High Street,North Andover,MA 01845 52 43 Stacy Fatalo ✓ 198 High Street,North Andover,MA 01845 52 44 Todd Donaldson ✓ 188 High Street,North Andover,MA 01845 66 1 Mohammed AI m ✓ 355 Sutton Street,North Andover,MA 01845 66 14&16 J Y Realty r/ P.O.Box 2532,Natick,MA 01760 66 17 John Horgan t/ 110 Washington Street,Peabody MA 01960 66 18 Stephanie O'Mahoney 143 Lacy Street,North Andover,MA 01845 66 19&20 Helene Ryan.✓ 68 Highland View Avenue,North Anover,MA 01845 66 21 Edmundo Peralta */ 55 Brightwood Avenue,North Andover,MA 01845 66 22 Jeanne Donovan f� 51 Brightwood Avenue,North Andover,MA 01845 66 23 Graceann Remmes✓ 52 Highland View Avenue,North Anover,MA 01845 66 24 Erin Tiner ✓ 43 Bdghtwood Avenue,North Andover,MA 01845 66 27 Julie Petrosillo 35 Chadwick Street,North Andover,MA 01845 66 28 Carl Fiztzgerald 27 Chadwick Street,North Andover,MA 01845 66 29 Anthony Finocchiaro✓ 65 Brightwood Avenue,North Andover,MA 01845 66 30 Peter Baylies ✓ 61 Brightwood Avenue,North Andover,MA 01845 66 31 Paula Porten ✓ 47 Brightwood Avenue,North Andover,MA 01845 66 33 John McGuire 66 Brightwood Avenue,North Andover,MA 01845 66 34 Brian Marr ✓ 62 Brightwood Avenue,North Andover,MA 01845 66 35 David Laporte✓ 58 Brightwood Avenue,North Andover,MA 01845 66 36 Susan Green y/ 54 Brightwood Avenue,North Andover,MA 01845 66 39 Thomas During ti/ 9 Chadwick Street,North Andover,MA 01845 66 40 Paul Martens// 217 High Street,North Andover,MA 01845 66 41.1 Heather Doyle V 213 High Street,North Andover,MA 01845 66 41.2 Laurence Pierog t/ 209 High Street,North Andover,MA 01845 66 43 203-205 High Street Realty Trust✓203 High Street,North Andover,MA 01845 66 44 Dawn Crescitelli ✓ 197 High Street,North Andover,MA 01845 66 45 Jsl II Realty Trust V 189 High Street,North Andover,MA 01845 66 46 Sara Brogan -*' 365 Sutton Street,North Andover,MA 01845 66 47 David Mushaty✓ 46 Chadwick Street,North Andover,MA 01845 66 63 Shastry Roy ✓ 361 Sutton Street,North Andover,MA 01845 66 27 Kevid Good ✓ 38 Brightwood Avenue,North Andover,MA 01845 66 33 Jill Barker ✓ 181 High Street,North Andover,MA 01845 73 80 Joyce Mills 346 Sutton Street,North Andover,MA 01845 This cortifi .tS that tha rtarnes appearing on fife records of .the Ass-assOrs Office as of Certified by c)ate st4 ly i Town of North Andover ZONING BOARD OF APPEALS tAORTH Albert P.Manzi 111,Esq.Cbairman Ellen P.McIntyre,bice-Cbainnan AraociateMemberr Richard J.Byers,Esq.Clerk A Michael P.Liporto D.Paul Koch Jr.,Esq. Doug Ludgin Allan Cuscia o'oq—o ,. y* Deney Morganthal ,T. "" t SSgCHUSE Zoning Enforcement Officer Gerald A.Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the School Administration Building at 566 Main Street,North Andover, MA on Tuesday, June 28th, at 7:30 PM to all parties interested in the petition of Roberta & Thomas Clifford, for property address 19 Chadwick Street,North Andover, MA. 01845 (Map 66, Parcels 32), North Andover, MA 01845 in the R4 Zoning District. The Petitioner is requesting: A SPECIAL PERMIT FROM SECTION 4.122.14B OF THE ZONING BYLAW(CONVERSION FROM ONE FAMILY TO A TWO FAMILY IN THE R-4 ZONING DISTRICT) IS REQUIRED FROM THE ZONING BOARD OF APPEALS. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: June 14, 2016 June 21, 2016 {00084696;vII etc etc rte i 'r i `1 c� 1 � 4 'p�ilufllr S 1� ,ow i ` 1 '•.?'es, Om • .a Y . al"fi� WPM -won 4 ? Iv t t 11� 1 ALI ', I - 1 WOOD- Jill y� � � I R ► � i f 1� 1 I o , > � �� /» � ■ � . � & � � � { )< � . �F 1 a ' a , �� 1 Bk 12030 Pg290 #11667 Being the land described in and by an instrument of taking recorded at said Registry of Deeds in Book 604,Page 156. See final decree of the Land Court in Tax Lien Case No. 20085, notice of which is recorded at said Registry of Deeds in Book 653,Page 344. EXCEPTING from the above,that portion of Lot 9 conveyed by Thomas B. Sapienza and Amalia G. Sapienza by deed dated May 13, 1949 and recorded at Essex North District Registry of Deeds in Book 724, Page 85. Being the same premises conveyed to me and the late Amalia G. Sapienza by deed of Amalia G. Sapienza,dated April 6, 1999,and recorded at Essex North District Registry of Deeds in Book 5424, Page 88. The said Amalia G. Sapienza having died on November 26,2009. WITNESS my hand and seal this 12th day of March,2010 Roberta A.Clifford COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. On this 12th day of March,2010, before me, the undersigned notary public,personally appeared Roberta A. Clifford,proved to me through satisfactory evidence of identification, which was a driver's license, and acknowledged the foregoing instrument to be his free act and deed,and that he signed it voluntarily for its stated purpose. No is 49�k MICHAEL J. HART Notary Public coMMOWs"Al1Hof MASMMSEM My COmm18810n Explrea Soplemba 22.2011 Page 2 of 2 i I ATTORNEYS AT LAW MEMORANDUM To: Town of North Andover Zoning Board of Appeals Applicant/Owner: Roberta A. Clifford and Thomas P. Clifford Property: 19 Chadwick Street(Map 66/Parcel 32) Date: June 2, 2016 MEMORANDUM IN SUPPORT OF PETITION FOR SPECIAL PERMIT I. INTRODUCTION The Petitioners,Roberta A.Clifford and Thomas P.Clifford,are requesting a special permit to allow for the construction of an addition to an existing single family dwelling located at 19 Chadwick Street,North Andover,MA (the"Property"),and for the conversion of the existing one-family dwelling to a two-family dwelling. Specifically,the Petitioner is seeking relief pursuant to Sections 4.122(14)(B) and 4.122(14)(D)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 expansion of the garage on the first floor and for the addition of a second dwelling unit,to be constructed above the expanded garage on the second floor. The residence is presently occupied by Thomas P.Clifford with his wife and daughter.The second unit would be intended to be occupied by Mr. Clifford's parents'. II. BACKGROUND The Petitioner is the owner of the Property located at 19 Chadwick Street,which is a single family home with an attached garage. The Property is designated on the 'Although the intent is for the Applicant's parents to occupy the second unit,it is noted that the Applicant is seeking a two-family conversion and not a Family Suite.This is intended to enhance the value of the property for future resale or for rental when Mr.Clifford's parents no longer are able or desire to occupy the second floor apartment and because it is consistent with the neighborhood as the property is primarily surrounded by multi-family homes. {00100422;v1} East Mill,21 High Street,Suite 301,North Andover,MA 01845 WW W.SMOLAKVAUGHAN.COM Memo to North Andover ZBA Re:19 Chadwick Street June 2,2016 Town of North Andover Assessors Maps as Map 66,Lot 32. The Property is presently owned by Roberta A. Clifford,jointly with her adult son,Thomas P.Clifford. The property is currently occupied by Thomas P. Clifford together with his wife and daughter as their principle residence. The parties intend to improve the property by expanding the footprint of the garage and constructing a second dwelling unit on the second floor above the garage. A copy of the Deed for the Property and a Plot Plan depicting the existing and proposed footprint of the structure are included with the Petitioner's application. 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 Sections 4.122(14)(B) and 4.122(14)(D) of the Zoning Bylaw,however,the construction of a second dwelling unit on the Property and the conversion of the Property from a one-family home to a two-family home 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 second dwelling unit,the Building Inspector issued a denial of the building permit dated June 1,2016 (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(11,250 SF where 12,500 SF is now required) and with existing dimensional setback nonconformities (side setback of 18.83 feet where 20 feet is now required,and front setback of 26.8 feet where 30 feet is now required.) The proposed project will include substantial improvement(both aesthetically and structurally) to the existing structure and Property. The existing garage will be partially razed and will be reconstructed,with the new second dwelling unit to be constructed above 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 a second dwelling unit and conversion of an existing one-family home to a two-family home pursuant to Sections 4.122(14)(B) and 4.122(14)(D) of the Zoning Bylaw. With respect to the specific dimensional criteria for a two family conversion under Section 4.122(14)(B) of the Zoning Bylaw,we note as follows: a) The conversion involves.increasing the size of an existing structure but the expansion area (1270 SF) is less than 50% of existing gross floor area {00100422;v1} 2 I . w Memo to North Andover ZBA Re:19 Chadwick Street June 2,2016 (2761 SF),and both the expansion area (1270 SF)and second dwelling unit(635 SF)are less than the maximum allowed of 1500 SF; b) The conversion does not involve razing an existing structure or creating new lots so subsection(b) is inapplicable; c) There will be at least 2 parking spaces for each unit with a total of 4 spaces proposed(2 garage spaces and 2 driveway spaces); d) All parking spaces are at least 10 feet away from any lot line; e) The garage is more than 10 feet behind the front facade (Chadwick Street) of the structure; f) The converted structure will meet all dimensional requirements of the R-4 District under the Zoning Bylaw (subject to existing grandfathered nonconformities as noted above); g) All stairways leading the second and upper floors are enclosed; h) The entire length of the wall of the second dwelling unit is connected to a common wall with the existing/first dwelling unit and thus satisfies the 75% common wall requirement. i) The post conversion roofline does not exceed the height of the existing roofline,and does not significantly alter the pitch of any post conversion rooflines. In addition to satisfying the dimensional criteria for a Special Permit as described above,the current application will be consistent with the existing demographics of the neighborhood.It is noted that most of the surrounding homes,including the homes directly across the street from the subject property on both Chadwick Street and Brightwood Avenue,are two family or larger multifamily homes. Included with this application are photographs of the existing structure at the property as well as the homes located directly across the street on both Chadwick Street and Brightwood Avenue. The surrounding homes are clearly larger multifamily homes and the proposed addition will not result in a derogation of the neighborhood.In addition,the subject lot, while preexisting nonconforming as to lot size,is in fact one of the larger lots in the neighborhood.So equity would suggest that the subject lot should also be allowed to be converted from a single family to a two family dwelling. Further,while not specifically being limited to use as a family suite,the two family conversion also fulfills a short term need consistent with 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, Roberta Clifford and her husband,Steve Clifford,will be allowed to utilize the second unit of the home.Their son,Tom Clifford,will be able to remain in North Andover to raise his family while also providing any needed care and assistance for his parents as they begin to age. {00100422;v1} 3 Memo to North Andover ZBA Re:19 Chadwick Street June 2,2016 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 second dwelling unit and conversion to a two- family dwelling which is an allowed use in the R-4 zone with and upon issuance of the special permit. 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 homes within the neighborhood.The home is surrounded by multi-family homes as evidenced by the pictures submitted with the application of homes located across the street from the subject property. The specific site has been owned by the Petitioners for 17 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 of the property is presently allowed. Conversion of the home from a one family dwelling to a two family dwelling will not create any hazard. 4. Adequate and appropriate facilities will be provided for the proper operation of 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 Bylaw: Allowing the construction of the proposed second dwelling unit 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(of both functional and 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 homes within the neighborhood. 6. Specific reference and response to the criteria required by the particular Special Permit for 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 two family conversion are addressed in detail in the discussion section of this memorandum above.Specifically,all of the dimensional criteria have been satisfied as discussed in detail above and there are no other unique ' criteria or submittal requirements. {00100422;v1} 4 Memo to North Andover ZBA Re:19 Chadwick Street June 2,2016 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 a second dwelling unit and the conversion of the existing single family residence on the Property to a two family dwelling. Respectfully submitted, Thomas P. Clifford By his attorn , Brian G.Va ,Esq. SMOLAK&VAUGHAN LLP 21 High Street,Suite 301 North Andover,Massachusetts 01845 Tel. (978)327-5217 {00100422;v1} 5 i