HomeMy WebLinkAboutMiscellaneous - 0 Great Pond Road Lot 128erri
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Es��ex North Registr-�,
Robert F. Kelley
Regis'.
T
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PAOLINO
Book: PL Page: 16673
Ctl#: 285 Rec:4-09-2012 0 1:41:53p
DOC DESCRIPTION TRANS AMT
PLAN
Surcharge CPA $20.00 20.00
5 .00 T ECH FEE 5.00
1
Plan recording 50.00
Total fees: 75.00
Book: 12892 Page: 333 Inst#: 9548
Ctl#: 286 Rec:4-09-2012 @ 1:41:53p
NAND 0 GREAT POND RD
DOC l., t- T
D DESCRIPTION I IRANS AMT
--- ----------- ---------
NOTICE
Surcharge CPA $20.00 20.00
50.00 recording 'lee 50.00
r.00 T
IECH FEE 5.00
Total fees: 75.00
Ctl#: 287 Rec:4-09-2012 @ 1:41:53p
DOC DESCRIPTION TRANS AMT
--- ----------- ---------
COPY MANUAL FEE ENTRY
Document Copy -Man 9.00
www Total charges
159.00
CHECK PM 5618 159.00
Town of North Andover
ZONING BOARD OF APPEALS
Albert P. 1\'lanzi 111, 1'15(1. Chai17rla11
Ellen P. McIntyre, l/sce-Chai"nall
Richard J. Byers, Fsq. Clerk
Richard M. `IaillanCOurt
D. Paul Koch Jr.
Associate Members
Michael R Lip -to
']:'yler Speck
Any appeal shall be filed within (20)
days after the date of filing of this
notice in the office of the Town Clerk,
er Mass. Gen. L. ch. 40A, § 17
NAME: David and Corliss Paolino
0
Town Clerk Time Stamp This is to certify that twenty (20) days
have elapsed from date of decision, filed
without filing of aappeal.
Notice of Decision Date/
Joyce A. Brads aw
Year 2012 Town Clerk
Pro ert at: 0 Great Pond Road North Andover, MA 01845
HEARING(S): 13 March 2012
ADDRESS: 0 Great Pond Road(Map 103 Parcel 128),
North Andover, MA 01845
PETITION: 2012-001
Main
reet, North
over, MA
The North Andover Board of Appeals held a public; anoin n of David and Corliss sng at Town Hall, at 120 Paol Paolino for property located at
on Tuesday, March 13, 2012 at 7:30 PM on the app MA 01845. Petitioner is requesting a Variance
0 Great Pond Road (Map103 Parcel 128), North Andover, 3 of the Watershed Protection District Bylaw,
Under Section 4.136, (Building and Uses Permitted) 3(c)(") ( }
Construction of a new Permanent Structure within thebN n -D stu Bance Zonerd of Appeals. ed by Special Permit by the
Planning Board only after a Variance has been granted y
the Applicant is requesting to construct a new single family home in the R -I Zoning District.
dover, Assessors
ffice, and
Legal notices were sent to all the certified abuttersprovidednlc rculationn n the Townof North , North AndoverOon February
were published in the Eagle -Tribune, a newspaper
of geera
28 and March 6, 2012.
resent: Albert P. Manzi 111, Ellen P. McIntyre, Richard J. Byers, and
The following regular voting members were p
Richard M. Vaillancourt, and D. Paul Koch Jr.
on 4.136,
ding and
ses
Upon a motion by Vaillancourt to GRANT cthon Dastaict Bylaw,nce to to Consow dt uct a er new Permanent Structu e within
Permitted) 3(c) (ii) (3) of the Watershed Pro
the "Non -Disturbance Zone" this is allowed by Special Permit by the Planning Board only after a Variance has been
granted by the Zoning Board of Appeals.
d all eals and also
ater Reviewer
the correspondences from
Buildings. Planning Board's Peer
With the following conditions: .That any an
Reviewer shall be filed with the Board of App
Byers second the motion with these Conditions.
All those in favor to Grant the Variance with these Conditions: Albert P. Manzi 111, Ellen P. McIntyre, Richard J.
Byers, and Richard M. Vaillancourt, and D. Paul Koch Jr.
All in Favor
5-0
The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land 'or
but not affecting generally the zoning district in general, a
structures and especially affecting such land or structures
literal enforcement of the provisions of the Bylaw
will in
irable relief may bevolve agranted ntial rwithout substznt al detriment to the
petitioner or applicant. The Board finds that
public good and without nullifying assdevelot,ed bally y the buildingerogating n&ts'te planhe intent s ishan apprapf ate' logia r for such a
The Board also finds that this use, p
4
use and will not adversely affect the neighborhood.
There will be no nuisance or serious hazard to vehicles or pedestrians, since there are provisions for the iequiQed off-
street parking . Adequate and appropriate1ea ',�inot belsub santiallydmore .detrto tho �mtntal to he leposed. single i ,hborhood and that.
Board finds that the new single family hon
this use, is in harmony with the neighborhood and general purpose and intent_of tris By�a5l,t�at7
` A;rrrie CcpY`^F ~mage I oft
'sown Clerk
-�p
Site: 0 Great Pond Road(Map 103 Parcel 128), North Andover, MA 01845
Under Section 4.136, (Building and Uses Permitted) 3(c)(ii) (3) of the
Watershed Protection District Bylaw, The Construction of a new Permanent
Structure within the "Non -Disturbance Zone" is allowed by Special Permit by
the Planning Board only after a Variance has been granted by the Zoning Board
of A eats. R-1 District.
Plan(s) Title: 1) "Plan of Land" containing one (1) sheet. Prepared by Sullivan Engineering
Group, LLC., Dated January 24, 2012
2) "Proposed House Plans of Front Elevation", containing one(]) sheet,
"Proposed House Plans of Right Elevation, Rear Elevation and Left Elevation'
containing one (1) sheet.
"Proposed House Plans of Foundation", containing one (1) sheet,
" Proposed House Plans, of Finished Lower Level ", containing one (1) sheet,
" Proposed House Plans, of Main Floor Plans ", containing one (1) sheet,
" Proposed House Plans, of Second Floor Plans ", containing one (1) sheet,
" Proposed House Plans, of Section A Thru Study/Family Room ,Stair Section
and Roof Plan ", containing one (1) sheet,
All Proposed House Plans Prepared by Royal Oaks Design, 1000 County Rd. E
West Suite 120 Shoreview MN 55126 Dated November 12 2009.
Voting in favor: Albert P. Manzi Ill, Ellen P. McIntyre, Richard J. Byers, Richard M.
Vaillancourt, and D. Paul Koch Jr.
Voting in the Negative: 1 0
The Board finds that the applicant has satisfied the provisions Under Section 4.136 to construct a new single family
home for 0 Great Pond Road (Map 103 Parcel 128), North Andover, MA 01845 in the R-1 District.
Notes:
1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry o
Deeds, Northern District at the applicant's expense.
2. The granting of the Variance as requested by the applicant does not necessarily ensure the granting of a
building permit as the applicant must abide by all applicable local, state, and federal building codes and
regulations, prior to the issuance of a building permit as required by the Inspector of Buildings.
3. If the rights authorized by the Variance are not exercised within two (2) years of the date of the grant, it shall
lapse, and may be re-established only after notice, and a new hearing.
jNorA�nd�over� Zoni g Board f Appeals
. Manzi 111, Esq., Chairman
Ellen P. McIntyre, Vice- Chairman
Richard J. Byers, Esq., Clerk
Richard M. Vaillancourt
D. Paul Koch Jr.
Michael P. Liporto
Decision 2012-001
Page 2 of 2
s
e
r
�€ �..' 892 .Ps 33,3 ��i ems
04-09-2012 a
ABOVE FOR REGISTY OF DEEDS USE ONLY .
COVER SHEET
THIS IS THE FIRST PAGE' OF THIS DOCUMENT
DO NOT REMOVE
GRANTOR GRANTEE
V,60�
ADDRESS: OF PROPERTY tCITY/TOWN
TYPE OF DOCUMENT
MLC
DEED
MORTGAGE
DISCHARGE
• AFFIDAVIT
DEC OF HOMESTEAD,
DEC OF TRUST
OTHER
DESCRIBE
ASSIGNMENT
TYPE
6D
NOTICE_ Q, 2,5tG0n!
TYPE
SUBORDINATION
CERT
TYPE
UCC
TYPE
ESSEX NORTH REGISTRY OF DEEDS
Robert F. Kelley, Register
354 Merrimack St. Suite 304
Lawrence, MA 01843
(978) 683-2745
.www. iawrencedeedsxom
r
y,.
']Gown of North Andover
ZONING BOARD OF APPEALS
Albert P. Manzi III, Esq. Chaimlau
Ellen P. McIntyre, Ilue-Chailnwan
Richard J. Byers, Esq. Clerk
Richard M. Vaillancourt
D. Paul Koch Jr.
Associate 1Vlemheis
Michael 11. Liporto
Tyler Speck
Any appeal shall be filed within (20)
days after the date of filing of this
notice in the office of the Town Clerk,
Town Clerk Time Stamp
Notice of Decision
Year 2012
RECEIVED
TOVltkl CLUK'S OFFICE
2012 MAP 16 AM 11 23
1 0 illH OF
t- OO.Pffl l AgDO',. r:�
MASSACHUS"� 1 1 S
per Mass. Gen. L. ch. 40A, § 17 Pro erty at: 0 Great Pond Road North Andover, MAO] 845
NAME: David and Corliss Paolino HEARING(S): 13 March 2012
ADDRESS: 0 Great Pond Road(Map 103 Parcel 128), PETITION: 2012-001
North Andover, MA 01845
The North Andover Board of Appeals held a public hearing at Town Hall, at 120 Main Street, North Andover, MA
on Tuesday, March 13, 2012 at 7:30 PM on the application of David and Corliss Paolino for property located at
0 Great Pond Road (Map103 Parcel 128), North Andover, MA 01845. Petitioner is requesting a Variance
Under Section 4.136, (Building and Uses Permitted) 3(c)(ii) (3) of the Watershed Protection District Bylaw,
Construction of a new Permanent Structure within the "Non -Disturbance Zone" is allowed by Special Permit by the
Planning Board only after a Variance has been granted by the Zoning Board of Appeals.
Applicant is requesting to construct a new single family home in the R-1 Zoning District.
Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessors Office, and
were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on February
28 and March 6, 2012.
The following regular voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, and
Richard M. Vaillancourt, and D. Paul Koch Jr.
Upon a motion by Vaillancourt to GRANT the Variance to allow Under Section 4.136, (Building and Uses
Permitted) 3(c) (ii) (3) of the Watershed Protection District Bylaw, to Construct a new Permanent Structure within
the "Non -Disturbance Zone" this is allowed by Special Permit by the Planning Board only after a Variance has been
granted by the Zoning Board of Appeals.
With the following conditions: That any and all Stormwater correspondences from the Planning Board's Peer
Reviewer shall be filed with the Board of Appeals and also with the Inspector of Buildings.
Byers second the motion with these Conditions.
All those in favor to Grant the Variance with these Conditions: Albert P. Manzi III, Ellen P. McIntyre, Richard J.
Byers, and Richard M. Vaillancourt, and D. Paul Koch Jr.
All in Favor
5-0
The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or
structures and especially affecting such land or structures but not affecting generally the zoning district in general, a
literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial or otherwise, to the
petitioner or applicant. The Board finds that desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating fi•om the intent of the purpose of this bylaw
The Board also finds that this use, as developed by the building & site plans, is an appropriate location for such a
use and will not adversely affect the neighborhood.
There will be no nuisance or serious hazard to vehicles or pedestrians, since there are provisions for the required off-
street parking. Adequate and appropriate facilities will be provided to the proposed single family dwelling. The
Board finds that the new single family home will not be substantially more detrimental to the neighborhood and that
this use, is in harmony with the neighborhood and general purpose and intent of this Bylaw.
Page 1 of 2
Q��
Site:
0 Great Pond Road(Map 103 Parcel 128), North Andover, MA 01845
Under Section 4.136, (Building and Uses Permitted) 3(c)(ii) (3) of the
Watershed Protection District Bylaw, The Construction of a new Permanent
Structure within the "Non -Disturbance Zone" is allowed by Special Permit by
the Planning Board only after a Variance has been granted by the Zoning Board
of Appeals. R-1 District.
Plan(s) Title:
1) "Plan of Land" containing one (1) sheet. Prepared by Sullivan Engineering
Group, LLC., Dated January 24, 2012
2) "Proposed House Plans of Front Elevation", containing one (1) sheet,
"Proposed House Plans of Right Elevation, Rear Elevation and Left Elevation'
containing one (1) sheet.
"Proposed House Plans of Foundation", containing one (1) sheet,
" Proposed House Plans, .of Finished Lower Level ", containing one (1) sheet,
" Proposed House Plans, of Main Floor Plans ", containing one (1) sheet, ,
"Proposed House Plans, of Second Floor Plans ", containing one (1) sheet,
" Proposed House Plans, of Section A Thru Study/Family Room ,Stair Section
and Roof Plan ", containing one (1) sheet,
All Proposed House Plans Prepared by Royal Oaks Design, 1000 County Rd. E
West Suite 120 Shoreview MN 55126 Dated November 12 2009.
Voting in favor:
Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, Richard M.
Vaillancourt, and D. Paul Koch Jr.
Voting in the Negative:
0
The Board finds that the applicant has satisfied the provisions Under Section 4.136 to construct a new single family
home for 0 Great Pond Road (Map 103 Parcel 128), North Andover, MA 01845 in the R-1 District.
Notes:
L This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds, Northern District at the applicant's expense.
2. The granting of the Variance as requested by the applicant does not necessarily ensure the granting of a
building permit as the applicant must abide by all applicable local, state, and federal building codes and
regulations, prior to the issuance of a building permit as required by the Inspector of Buildings.
3. If the rights authorized by the Variance are not exercised within two (2) years of the date of the grant, it shall
lapse, and may be re-established only after notice, and a new hearing.
NorA Andover Zoni g Board bf Appeals
AlVert P. Manzi III, Esq.; Chairman
Ellen P. McIntyre, Vice- Chairman
Richard J. Byers, Esq., Clerk
Richard M. Vaillancourt
D. Paul Koch Jr.
Michael P. Liporto
Decision 2012-001
Page 2 of 2.
l�
Town of North Andover
ZONING BOARD OF APPEALS
Albert I'. Manzi III, Esq. Chairman
Ellen P. McIntyre, Vice-Cbai mmll
Richard J. Byers, Esq. Clerk
Richard M. Vaillancourt
D. Paul Koch Jr.
Associate NlearLers
Michael P. I�porto
Tyler Speck
Any appeal shall be filed within (20)
days after the date of filing of this
notice in the office of the Town Clerk,
Town Clerk Time Stamp
Notice of Decision
Year 2012
ECEIVED
TO\,Vt CLERWS, 9, FF10EL
2012 KKR 16 NM i 1 23
i 0 10111 H 0I=
lf40,P, 11.1 AN1DV ER
MASS AGHUI )E 1 _f S
per Mass. Lien. L. ch. 40A, § 17 Property at: 0 Great Pond Road North Andover, MAO] 845
NAME: David and Corliss Paolino HEARING(S): 13 March 2012
ADDRESS: 0 Great Pond Road(Map 103 Parcel 128), PETITION: 2012-001
North Andover, MA 01845
The North Andover Board of Appeals held a public hearing at Town Hall, at 120 Main Street, North Andover, MA
on Tuesday, March 13, 2012 at 7:30 PM on the application of David and Corliss Paolino for property located at
0 Great Pond Road (Map103 Parcel 128), North Andover, MA. 01845. Petitioner is requesting a Variance
Under Section 4.136, (Building and Uses Permitted) 3(c)(ii) (3) of the Watershed Protection District Bylaw,
Construction of a new Permanent Structure within the "Non -Disturbance Zone" is allowed by Special Permit by the
Planning Board only after a Variance has been granted by the Zoning Board of Appeals.
Applicant is requesting to construct a new single family home in the R-1 Zoning District.
Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessors Office, and
were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on February
28 and March 6, 2012.
The following regular voting members were present: Albert P. Manzi IIl, Ellen P. McIntyre, Richard J. Byers, and
Richard M. Vaillancourt, and D. Paul Koch Jr.
Upon a motion by Vaillancourt to GRANT the Variance to ,allow Under Section 4.136, (Building and Uses
Permitted) 3(c) (ii) (3) of the Watershed Protection District Bylaw, to Construct a new Permanent Structure within
the "Non -Disturbance Zone" this is allowed by Special Permit by the Planning Board only after a Variance has been
granted by the Zoning Board of Appeals.
With the following conditions: That any and all Stormwater correspondences from the Planning Board's Peer
Reviewer shall be filed with the Board of Appeals and also with the Inspector of Buildings.
Byers second the motion with these Conditions.
All those in favor to Grant the Variance with these Conditions: Albert P. Manzi III, Ellen P. McIntyre, Richard J.
Byers, and Richard M. Vaillancourt, and D. Paul Koch Jr.
All in Favor
5-0
The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or
structures and especially affecting such land or structures but not affecting generally the zoning district in general, a
literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial or otherwise, to the
petitioner or applicant. The Board finds that desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating fi•om the intent of the purpose of this bylaw
The Board also finds that this use, as developed by the building & site plans, is an appropriate location for such a
use and will not adversely affect the neighborhood.
There will be no nuisance or serious hazard to vehicles or pedestrians, since there are provisions for the required off-
street parking. Adequate and appropriate facilities will be provided to the proposed single family dwelling. The
Board finds that the new single family home will not be substantially more detrimental to the neighborhood and that
this use, is in harmony with the neighborhood and general purpose and intent of this Bylaw.
Pagel of 2
4
Site:
0 Great Pond Road(Map 103 Parcel 128), North Andover, MA 01845
Under Section 4.136, (Building and Uses Permitted) 3(c)(ii) (3) of the
Watershed Protection District Bylaw, The Construction of a new Permanent
Structure within the "Non -Disturbance Zone" is allowed by Special Permit by
the Planning Board only after a Variance has been granted by the Zoning Board
ofAppeals. R-1 District.
Plan(s) Title:
1) "Plan of Land" containing one (1) sheet. Prepared by Sullivan Engineering
Group, LLC., Dated January 24, 2012
2) "Proposed House Plans of Front Elevation", containing one (1) sheet,
"Proposed House Plans of Right Elevation, Rear Elevation and Left Elevation'
containing one (1) sheet.
"Proposed House Plans of Foundation", containing one (1) sheet,
"Proposed House Plans, .of Finished Lower Level ", containing one (1) sheet,
"Proposed House Plans, of Main Floor Plans ", containing one (1) sheet,
" Proposed House Plans, of Second Floor Plans ", containing one (1) sheet,
" Proposed House Plans, of Section A Thru Study/Family Room ,Stair Section
and Roof Plan ", containing one (1) sheet,
All Proposed House Plans Prepared by Royal Oaks Design, 1000 County Rd. E
West Suite 120 Shoreview MN 55126 Dated November 12 2009.
Voting in favor:
Albert P. Manzi I11, Ellen P. McIntyre, Richard J. Byers, Richard M.
Vaillancourt, and D. Paul Koch Jr.
Voting in the Negative:
0
The Board finds that the applicant has satisfied the provisions Under Section 4.136 to construct a new single family
home for 0 Great Pond Road (Map 103 Parcel 128), North Andover, MA 01845 in the R-1 District.
Notes:
1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds, Northern District at the applicant's expense.
2. The granting of the Variance as requested by the applicant does not necessarily ensure the granting of a
building permit as the applicant must abide by all applicable local, state, and federal building codes and
regulations, prior to the issuance of a building permit as required by the Inspector of Buildings.
3. If the rights authorized by the Variance are not exercised within two (2) years of the date of the grant, it shall
lapse, and may be re-established only after notice, and a new hearing.
akkj
Norlh Andover Zoni g Board bf Appeals
Alldert P. Manzi III, Esq., Chairman
Ellen P. McIntyre, Vice- Chairman
Richard J. Byers, Esq., Clerk
Richard M. Vaillancourt
D. Paul Koch Jr.
Michael P. Liporto
Decision 2012-001
Page 2 of 2.
NORTH
Zoning Bylaw Review Form
Town Of North Andover Building Department
1600 Osgood St. Bldg 20 Suite 2-36
9SS"`" North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street:
0 Great Pond Road
Ma /Lot:
Map 103 /Lot 128
Applicant:
David and Corliss Paolino
Request:
Construct a new Single Family Home.
Date:
January 27,2012
release be advised that after. review of your Application and Plans that your Application is
DENIED. for the following Zoning Bylaw reasons:
Zonina R1
Renledv for the above is checked hP_Inw_
Item # I Special Permits Planning Board Item #
Item
Notes
Setback Variance
Item
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
Variance
1
Lot area Insufficient
Independent Elderly Housing Special Permit
1
Frontage Insufficient
Earth Removal Special Permit ZBA
2
Lot Area Preexisting
Planned Residential Special Permit
2
Frontage Complies
X
3
Lot Area Complies
X
3
Preexisting frontage
4
Insufficient Information
4
Insufficient Information
B
Use
5
No access over Frontage
1
Allowed
X
G
Contiguous Building Area
2
Not Allowed
1
Insufficient Area
3
Use Preexisting
2
Complies
X
4
Special Permit Required
3
Preexisting CBA
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply
X
1
Height Exceeds Maximum.
2
Front Insufficient
2
1 Complies
X
3
Left Side Insufficient
3
Preexisting Height
4
Right Side Insufficient
4
Insufficient Information
5
Rear Insufficient
I
Building Coverage
6
Preexisting setback(s)
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies
X
D
Watershed
3
Coverage Preexisting
1
Not in Watershed
4
Insufficient Information
2
In Watershed
X
J.Sign
3
Lot prior to 10/24/94
1
Sign not allowed
N/A
4
Zone to be Determined
2
Sign Complies
5
Insufficient Information
3
Insufficient Information
E
Historic District
K
Parking
1
In District review required
1
More Parking Required
2
Not in district
X
2
Parking Complies
X
3
Insufficient Information
3
Insufficient Information
4
Pre-existing Parkin
Renledv for the above is checked hP_Inw_
Item # I Special Permits Planning Board Item #
Variance
Site Plan Review Special Permit
Setback Variance
Access other than Frontage Special Permit
Parking Variance
Frontage Exce tion Lot Special Permit
Lot Area Variance
Common Driveway Special Permit
Height Variance
Congregate Housing Special Permit X
Variance
Continuing Care Retirement Special Permit
Special Permits Zoning Board
Independent Elderly Housing Special Permit
Special Permit Non -Conforming Use ZBA
Large Estate Condo Special Permit
Earth Removal Special Permit ZBA
Planned Development District Special Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit
Special Permit for Sign
R-6 Density Special Permit
Special permit for preexisting
nonconforming
X Watershed Special Permit
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 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 9e. You must file a new permit application form and begin the permitting process.
Q 4- 2
Buildin epartmen Official Signature Apps cation Recei ed Application Denied
Denial Sent: I If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for DENIAL for the
APPLICATION for the property indicated on the reverse side:
"Item, h
zReferenee`;
'Reasons for
Page 49
Under Section 4.136, (Building and Uses Permitted) 3(c)(ii) (3) of the
Watershed Protection District Bylaw, Construction of a new Permanent
Structure within the "Non -Disturbance Zone" is allowed by Special
Permit by the Planning Board only after a Variance has been granted by
the Zoning Board of Appeals.
X Conservation
X Department of Public Works
X Planning
Historical Commission
Other
Building Department
I
Referred To:
Fire
Health
Police
X Zoning Board
X Conservation
X Department of Public Works
X Planning
Historical Commission
Other
Building Department
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the Installer, owner or caentractor =at check all details and dimensions and
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TOWN OF NORTH ANDOVER _ W jr-1k �E fZONING 0�IALS DA�fj4. -L� A . , Llul'o- - - - LliFEA, _F_ � b.
Procedure &Requiremenit;s
for an Application. fora Variance
Ten (10) copies of the following information must be
submitted thirty (30) days prior to the first public hearing.
Failure to submit the required information within the time
periods prescribed may result in a -dismissal by the
Board of an application as
The information herein is an abstract of more
specific requirements listed in fhe Zoning Board
Rules and Regulations and is not meant to
supersede them.. The -petitioner will complete items
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit'and- receivers
a Zoning Bylaw Denial form completed by the Building
Commissioner.
STEP 2: VARIANCE APPLICATION FORM:
Pet:boner complete an application form to petition the
Board of Appeals for a Variance. All information as
required in items 1.through and including 11 shall be
completed.
STEP 3: PLAN PREPARATION:
Petitioner submits all of the required plan ii formation as
cited in page 4, section 10 of this form.
STEP 4: OBTAIN LiST OF PARTIES IN INTEREST:
The petitioner requests the Assessor's Office to compile
a certified list -of Parties in Interest (abutters).
&I 11-n /Town Clerk Time..... P
STEP S: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE:'
The Office of the •Z,6h!ng Board of Appeals schedules the
applicant for a hearing date and prepares the legal notice
for mailing to the parties in interest (abutters) and for
publication in the newspaper. The petitioner is notified
that -the legal notice has been prepared and the cost of.
the Party in Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER
The petitioner picks up the legal. notice from the Office of
the Zoning Board of Appeals and delivers the legal notice
to the local newspaper for publication. -
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
represented by an agent or attorney. In the absence of
any appearance without due cause @n,behalf of the
petition, the Board shall decide on the matter by using
the information it has received to date.
STEP 9: DECISION:
After the hearing, a copy of the Board's decision x.111 be
sent to all Parties in Interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
General Law ch. 4OA § 17, within twenty (20) days after
the decision is filed with the Town Clerk.
STEP 10: RECORDING THE DECISION AND PLANS.
STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of
Petitioner submits one (1) original and ten (10) Xerox the decision, the Mylar, and any accompanying plans at
I copies of all the required information to the Town Clerk's the Essex County, North•Registry of Deeds, 384
Office to be certified by the Town Clerk -with the time and Merrimack St. Suite #304, Lawrence MA, 01843 and
date of fling. The original will be left at the Town Clerk's shall complete the Certification of Recording form and
Office, and the 10 Xerox copies will be left with the forward itto the Zoning Board of Appeals and to the
Zoning Board of Appeals secretary. Building Department.
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IMPORTANT PHONE NUMBERS:
978-688-S533
Office of Community Dev. &Services
1600 Osgood St., Bldg. 20, Suite 2-36
North Andover, MA 01845
978-688-9542
fax for Community Development offices
978-688-9545
Building Department
978-688-9541•
Zoning Board of Appeals office
North Andover Town Hall
120 Main Street
978-688-9501 Town Clerk's Office
978-6889566 Assessor's Office
PAGE 1 of 4
PAGE 2 OF 4 - - -
NORTH ANDOVER ZONING BOARD OF APPEALS application for a - VARIAN CE
Pk
se cornp7efe all ..tems:l616W.-
1. Petitioner: *Name *Ad?res7 and teleSh one number:
*The petitioner shall be
entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address, telephone number, and number of years' this
ownership:
Years Owned Land:
3. Location of Property:
a. Street: 0 �4 6&.� AA0
9
Zonin District: l
b. Assessors: Map number: _ 103 Lot Number: Z
c. Registry of Deeds: Book Number: 99 Page Number:
4. Zoning Bylaw Section(s)* under w ich the petition for the Variance is made.
- 2MW fid. W �✓/'t2�lcll�%
`Refer to the Zoning Bylaw Denial and Plan Review (narrative form as supplied by the Building Commissioner.
.6. Describe the VarlanRe request: - ' Axrnd
Theabove 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, section 9 of this application. Failure by the applicant to describe the request clearly
may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and w1ll'
not involve additional Items not included above.
V)Ar-urrent'Zoning
S A. Difference from Zoning Bylaw requirements: lndicate-the dimension(s).that will not meet
Bylaw Requirements: (Lines A and B are in case of a lot split)
Lot Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet . Spaces
A. _ _ %
Front Side A - Side'B Rear
'g NORTH ANDOVER ZONING BOARD -OF APPEALS application for a VARIANCE -
6 B. Existing Lot: -
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback �)A//Y�
Sq. Ft. Sq. Ft." Coverage Feet Spaces Front Side A Side B Rear
87 t2-1Z� tri _ -
�1%C. Proposed Lot(s);
ot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
6 D. Required Lot: (As required by Zoning Bylaw & Table 2) . -
Lot Area Open Space Percent Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces
67126 17Y. z
A. Existing Building(s):
Ground Floor Number of Height Total.
Square feet Floors Sq. feet
Use of
Building*
*Reference Uses from the Zoning Bylaw & Table 1. **State number of units in building(s).
7B. Proposed Building(s):
Ground Floor . Number of Height Total
Square feet Floors Sq. feet
1-701 z A03Z 3; Yi y
Use of -
Building*
Rear
30.
Number
of Units*
Number
of Units**
I
*Reference Uses from the Zoning Bylaw & Table 1.
. **State number of units in building(s).
8. Petitioner and Landowner signature(s):
Every application for a Variance 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. 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 Clerkor the Zoning Board of Appeals
does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for fling 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 the Zoning Board of this application as incomplete.
Sianature:
Type above name(s) here:
Minimum Lot Setback
Front
Side A
Side B
36
36 -
3b
Use of
Building*
*Reference Uses from the Zoning Bylaw & Table 1. **State number of units in building(s).
7B. Proposed Building(s):
Ground Floor . Number of Height Total
Square feet Floors Sq. feet
1-701 z A03Z 3; Yi y
Use of -
Building*
Rear
30.
Number
of Units*
Number
of Units**
I
*Reference Uses from the Zoning Bylaw & Table 1.
. **State number of units in building(s).
8. Petitioner and Landowner signature(s):
Every application for a Variance 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. 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 Clerkor the Zoning Board of Appeals
does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for fling 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 the Zoning Board of this application as incomplete.
Sianature:
Type above name(s) here:
WAGE 4 6F 4
9. WRITTEN DOCUMENTATION -
Application for a Variance must be supported by a legibly
written or typed memorandum setting forth -in detail all
facts relied upon. When requesting -a Variance from the
requirements of MGLA ch. 40A, Sec. 10.4 and the North
Andover Zoning By-laws,. all dimensional requirements
shall be- clearly identified and factually supported.- All
Points, A -F, are required to be addressed vuith this
application.
A. The particular use proposed.for the land or structure.
B. The circumstances relating to soil conditions, shape
or topography of such* land or structures -especially
affecting the property for which the Variance Is
sought which do not affect generallyAh.e zoning
district in which the property is located.
C. Facts which make up the substantial hardship,
financial or otherwise, which results from literal
enforcement of the applicable.zoning restrictions with
respect to the land or building for which the variance
is sought.
D. Facts relied upon to support a finding that relief
sought will be desirable and without substantial
detriment to the public good.
E. Facts relied upon to support a finding that relief
sought may be given.without nullifying or
substantially derogating from the intent or purpose of
the Ordinance.
F. Submit RDA -from Conservation Commission when
Continuous B� Fildable Area is applied for in ZBA.
application.
10. PLAN OF LAND
Each application to the*Zoning Board of Appeals shall be
accompanied by the following described plan. Pians
must be submitted with this applicatiorfto the Town
Clerk's Office and ZBA secretary at least thirty (3D) days
prior to the public hearing before the Zoning Board of
appeals.
A set of building elevation plans by a Registered
Architect may be required when the application
involves new construction/conversion/ and/or a
Proposed change in use.
10. A- Major Projects
Major projects are those, which involve one of the
following whether existing or proposed:
I) five (5) or more parking spaces,
II) three (3) or more dwelling -units,
III) 2,000 square feet of building area.
Major Projects shall require, that in addition to the 108 &
10C features, that the plans show detailed utilities, soils,
and topographic information.
*10: B. *Plan Specifications:
VARIANCE -
1) -Size of plan: Ten (10 ) paper copies of a pian not
to -exceed 11"x17", preferred scale of 1"=40'
11) One (1) Mylar, with one block for Registry Use
Only, and one block for five (5).ZBA signatures & date.
llI) Plan shall be prepared, stamped and certified by a
Regis tered.Professional Land -Surveyor. Please nate
that plans by. a Registered Professional Engineer,
Registered Architect, and/or a Registered Landscape
Architect.may be required for Major Projects.
*10 d. *Required Features On Plan:
1) Site Orientation shall include:
1. north point
2. zoning district (s)
3. names of streets
4. wetlands (if applicable)
5. abutters of property, within 300' radius
6. locations of buildings on adjacent properties
within 50' from applicants proposed structure
7. deed restrictions; easements.
'11) . Legend & Graphic Aids shall include:
1. .Proposed features in solid lines & outlined in red
2. Existing features to be removed in dashed lines
3. Graphic Scales
4. Date of Pian.
5.. Title -of -Plan
•6. Names addresses acid phone numbers of the
applicant, owner or record, and land.surveyor.
.7. Locus
10 D. Minor Projects .
Minor projects, such as decks, sheds, and garages,
shall require only the plan -in on -nation as indicateu iivin
an. asterisk (*). in some cases further information may
be required.
11. APPLICATION FILING FEES
11. A. Notification fees: Applicant shall provide a check
or money order to: "Town of North Andover" for the cost
of first class, certified, return receipt x # of ail parties in
interest identified in MGLA ch. 4DA §11 on the abutter's
list for the legal notice check. Also, the applicant shall
supply first class postage stamps x the # of parties of
interest on the abutter's list for the decision mailing.
11.13. Mailing labels: Applicant shaft provide four.(4)
sets of mailing labels no larger than 1"x2-5/8" (3 copies
for the Legal, and one copy for the Decision mailing).
11. C. Applicant shall provide a check or money order
to: `Town of North Andover" per 2005 Revised Fee
Schedule.
P A Variance once granted by the ZBA will lapse in 1
(one) year if not exercised 'and a new petition must
be submitted. -4 -