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HomeMy WebLinkAboutMiscellaneous - 100 DALE STREET 4/30/2018 (2)own= r m B ' m 1 2 � Q a a e w 0 � o B Bk 13342 Psi 221 "4139 U-->-12-2013 S 11227a Town of North And&ei ZONING BOARD OF APPEALS AD" P. M== m, Esq. CAmiuiaa Sika P. McIntyre, via-Chaoaraerw Richard J. Byers, Esq. Clark D. Paul Koch Jr. Esq. Allan Cuscia A9rmdam Ma t buff Mxhael P. Liporto Deny Morg=dW Douglas Lud& Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, ner Mass_ Gren. L. ch_ 40A. & 17 ity that twenty (20) days from date oied f decision, h o;�apDate Joyce A Bradshaw Town park Notice of Decision Year 2013 2013 JAN 22 PM l: 06 GF ' SCJMASA� 7 iS Town Clerk 7 am Stamp Property at: 100 Dale Street. North Andover. MA 01845 NAME: Joseph B. O'Connell HEARING(S): 1 i Dec 2012 and 8 Jan 2013 ADDRESS: 100 Dale Street (Map 37.13 Parcel 09), North Andover MA 01845 PETITION: 2012-01013 The North Andover Board of Appeals held a public hearing at the Town Hall, at 120 Main Street, North Andover, MA on Tuesday, the 8s' of January 2013 at 7:30 PM on the application of Joseph B. O'Connell for property located at 100 Dale Street (Map 37 Parcel 09), North Andover, MA 01845. Petitioner is requesting a Finding and or a Variance for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Legal notices for the Variance and Finding were sent to al I 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 November 27, 2012 and December 4, 2012. The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, D. Paul Koch Jr. and Allan Cuscia. The following Associate members were present: Michael Liporto, Deney Morganthal and Douglas Ludo- Cuscia made a motion to Grant the Variances for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks 'to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R -I Zoning District. The relief for Lot 1, is 98.11 feet , and Lot 2, is 23.19 ft for the frontage Variance. Byers second the motion All were in favor to Grant the Variance: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, D. Paul Koch Jr. and Allan Cuscia. 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 fxtds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the purpose of this bylaw �1•it�:'t A Twa 0qP7 �d �r TWO elm Page 1 of 2 q LAA 1 Bk 13342 Pg222 #4139 The Board also finds that this use, will not adversely affect the neighborhood by dividing this lot into two lots and will not be substantially detrimental to the neighborhood and also that this use, of the two lots will be in harmonv with the neighborhood and general vuraose and intent of this Bylaw. Site: 100 Date Street, North Andover, MA 01845 (Map 37.B Parcel 09), North Andover, MA 01845. Request a Finding and or a Variance for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Plan(s) Title: 1.) "Plan of Land" Dated September 5, 2012 and Revision October I5,2012 containing one (1) sheet, showing division of lots. Prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill, MA. 01830 2.) Map of "Abutters within 300 Ft "Prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill, MA. 01830(no date supplied) 3) Proposed House Locations for Variance Plan `prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill, MA. 01830 dated December 27,2012 Voting in favor: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, D. Paul Koch Jr. and Allan Cuscia. Voting in the Negative: ------- Result of votes 5-0 The Board finds that the applicant has satisfied the provisions of Dimensional Requirement (Section 7) 7.1.2; 7.13.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R -I Zoning 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 Finding and 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 one (1) years of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. No Andover Zoning Board of Appeals AZbert P. Manzi, Esq., Chairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk D. Paul Koch Jr., Esq. Allan Cuscia Decision 2012-OIOB Page 2 of 2 Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice-Cbairmaii Richard J. Byers, Esq. Clerk D. Paul Koch Jr. Esq. Allan Cuscia Associate Members Michael P. Liporto Deney Morganthal Douglas Ludgin Town of North Andover - ZONING BOARD OF APPEALS W 'tet �'�f� L V JANpORTh/ JAN22 B' 06 Q�ttf,.lD !6q~�PM �' 6 0 Any appeal shall be fled within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, § 17 ify that twenty (20) days from date of decision, filed �f ar}-apppea1. Date_AW ;?1113 Joyc., A. Bradshaw Town CIofk Notice of Decision Year 2013 ioiuiz Cif' NORTH ;� kiDo,, Fr fI% S,�sACr..NJ E - y Town Clerk Time Stamp Property at: 100 Dale Street, North Andover, MA 01845 NAME: Joseph B. O'Connell HEARING(S): 11 Dec 2012 and 8 Jan 2013 ADDRESS: 100 Dale Street (Map 37.13 Parcel 09), North Andover, MA 01845 PETITION:' 2012-OIOB The North Andover Board of Appeals held a public hearing at the Town Hall, at, 120 Main Street, North: Andover, MA on Tuesday, the 8`t' of January 2013 at 7:30 PM on the'application of Joseph. B. ®'Connell for property located at 100 Dale Street (Map 37 Parcel 09), North Andover, MA 01845. Petitioner is requesting a Finding and or a Variance for Dimensional Requirement (Section. 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Legal notices for the Variance and Finding 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 November 27, 2012 and December 4, 2012. The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, D. Paul Koch Jr. and Allan Cuscia. The following Associate members were present: Michael Liporto, Deney Morganthal and Douglas Ludgin. Cuscia made a motion to Grant the Variances for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. The relief for Lot 1, is 98.11 feet, and Lot 2, is 23.19 ft for the frontage Variance. Byers second the motion All were in favor to Grant the Variance: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, D. Paul Koch Jr. and Allan Cuscia. 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 Bylav, 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 withoat nuilifying or substantially derogating from the intent of the purpose of this bylaw,",1 A Tran Copy ,Corw. as Page 1 of 2 The Board also finds that this Use, will not adversely affect the neighborhood by dividing this lot into two lots and will not be substantially detrimental to the -neighborhood and also that this use, of the two lots will be in harmony with the neiahborhood and eeneral numose and intent of this Rvincv Site: 100 Dale Street, North Andover, MA 01845 (Map 37.13 Parcel 09), North Andover, MA 01845. Request a Finding and or a Variance for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Plan(s) Title: 1.) "Plan of Land" Dated September 5, 2012 and Revision October 15,2012 containing one (1) sheet, showing division of lots. Prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill, MA. 01830 2.) Map of "Abutters within 300 Ft "Prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill, MA. 01830(no date supplied) 3) Proposed House Locations for Variance Plan `prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill, MA. 0 183 0 dated December 27,2012 Voting in favor: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, D. Paul Koch Jr. and Allan Cuscia. Voting in the Negative: Result of votes 5-0 The Board finds that the applicant has satisfied the provisions of Dimensional:Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two .lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District: Notes: I. 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 Finding and 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 one (1) years of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Noyth Andover Zoning hoard of Appeals Albert P. Manzi, Esq., Chairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk D. Paul Koch Jr., Esq. Allan Cuscia Decision 2012-010B . Page 2 of 2 RECEIPT Printed:02-12-2013 ® 11:28:01 Essex North Registry M. Paul Iannuccillo Register Trans#: 3930 Oper:KEVINZ SCALLISE Book: PL Page: 16865 Ctl#: 58 Rec:2-12-2013 ® 11:27:58a DOC DESCRIPTION TRANS AMT --- ----------- --------- PLAN Surcharge CPA $20..00 20.00 5.00 TECH FEE 5.00 Plan recording 50.00 Total fees: 75.00 Book: 13342 Page: 221 Inst#: 4139 Ctl#: 59 Rec:2-12-2013 ® 11:27:58a NAND 100 DALE ST DOC DESCRIPTION TRANS AMT --- ----------- --------- NOTICE Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 75.00 Ctl#: 60 Rec:2-12-2013 ® i.1:27:58a DOC DESCRIPTION TRANS AMT --- ----------- --------- COPY MANUAL FEE ENTRY Document Copy -Man 9.00 *** Total charges: 159.00 CHECK PM 4745 159.00 i 1334-2 Fs221, =nth. a £. 9 Town of North Andover s �� ZONING BOARD OF Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice-Cbairmah Richard J. Byers, Esq. Clerk D. Paul Koch Jr. Esq. Allan Cuscia .Associate Members Michael P. Liporto Deney Morganthal Douglas Ludgin Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, § 17 APPEALS EIVED nn _fop ZQ13 JAN 22 Pik 1:06 ify that twenty (20) days fromm�date of decision, filed DafeJ"�U,e/vliv70.L� Joyce, A. Bradshaw Town Oak Notice of Decision Year 2013 T i� t,j, o f NORTH 11 SSSACH' USET f3 Town Clerk Tune Stamp Property at: 100 Dale Street, North Andover, MA 01845 NAME: Joseph B. O'Connell HEARING(S): 11 Dec 2012 and 8 Jan 2013 ADDRESS: 100 Dale Street (Map 37.B Parcel 09), North Andover, MA 01845 PETITION: 2012-01 OB The North Andover. Board of Appeals held a public hearing at the Town Hall, at .120 .Main Street, North Andover, MA on Tuesday, the 8t' of January 2013 at 7:30 PM on the application.of Joseph I3.O'Connell for property located at 100 Dale Street (Map 3.7 Parcel 09), North Andover; MA 01845. -Petitioner is requesting a Finding and or a Variance for Dimensional Requirement (Section :7) 7.1.2; 7.l.43.2;.-/..-2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas; but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Legal notices for the Variance and Finding 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 November 27, 2012 and December 4, 2012. The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, D. Paul Koch Jr. and Allan Cuscia. The following Associate members were present: Michael Liporto, Deney Morganthal and Douglas Ludgin. Cuscia made a motion to Grant the Variances for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. The relief for 'Lot 1, is 98.11 feet, and Lot 2, is 23.19 ft for the frontage Variance. Byers second the motion All were in favor to Grant the Variance: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, D. Paul Koch Jr. and Allan Cuscia. 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 withoat nLl']ifying or substantially derogating from the intent of the purpose of this bylaw �ig"Wo "' . i .A Tr" *y Page 1 of 2 `�uii grit �� 4. The Board also finds that this use, will not adversely affect the neighborhood by dividing this lot into two lots and will not be substantially detrimental to the -neighborhood and also that this use, of the two lots will be in harmonv with the neighborhood and general numose and intent of this Bvlaw_ Site: 100 Dale Street, North Andover, MA 01845 (Map 37.13 Parcel 09), North Andover, MA 01845. Request a Finding and or a Variance for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Plan(s) Title: 1.) "Plan of Land" Dated September 5, 2012 and Revision October 15,2012 containing one (1) sheet, showing division of lots. Prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill, MA. 01830 2.) Map of "Abutters within 300 Ft "Prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill, MA. 01830(no date supplied) 3) Proposed House Locations for Variance Plan `prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill, MA. 01830 dated December 27,2012 Voting in favor: Albert P. Manzi III, Ellen P. McIntyre, Richard J, Byers, D. Paul Koch Jr. and Allan Cuscia. Voting in the Negative: -------- Result of votes 5-0 The Board finds that the applicant has satisfied theprovisions of Dimensional Requirement (Section :7) 7.1.2; 7.1.3.2; 7.2. and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning 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 Finding and 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 one (1) years of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. No th Andover Zoning Board of Appeals Albert P. Manzi, Esq., Chairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk D. Paul Koch Jr., Esq. Allan Cuscia Decision 2012-010B Page 2 of 2 Bk 13342 Ps221 X4139 2-12-2013 S1 11.27m Town of North Andover ZONING BOARD OF APPFAI.S Albert P. M== UL Esq. CAmo xv Ellen P. McIntyre, Via-CLnrirArmi Richard J. Byers, Esq. C" D. Paul Koch Jr. Esq. Alan Cuacia Aurdaa Adewk n Michael P. Liporto DeM Morpathal Douglas Ludgin Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, aertily that bMIY W days ti++... psW ff M date of dedalon, Algid r°� 81 OI a ea . Joyce A ilraftm Town a wfk Notice of Decision Year 2013 ~ �CEIVE0 -rl?s{'c 1013 JAN 22 pH 1: 06 OF - NORTH t S Town Qerk I -am Stump va Mass. Gen. L. ch. 40A 17 Proat: 100 Dale Street, North Andover MA 01845 NAME: Joseph B. O'Connell HEARING(S): i t Dec 2012 and 8 Jan 2013 ADDRESS: 100 Dale Street (Map 37.13 Parcel 09), PETITION: 2012-01OB North Andover MA 01845 The North Andover Board of Appeals held a public hearing at the Town Hall, at 120 Main Street, North Andover, MA on Tuesday, the 8s' of January 2013 at 7:30 PM on the application of Joseph B. O'Conneii for property located at 100 Dale Street (Map 37 Parcel 09), North Andover, MA 01845. Petitioner is requesting a Finding and or a Variance for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Legal notices for the Variance and Finding 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 November 27, 2012 and December 4, 2012. The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, D. Paul Koch Jr. and Allan Cuscia. The following Associate members were present: Michael Liporto, Deney Morganthal and Douglas LOOM- Cuscia made a motion to Grant the Variances for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks'to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. The relief for Lot 1, is 98.11 feet , and Lot 2, is 23.19 ft for the frontage Variance. Byers second the motion All were in favor to Grant the Variance: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, D. Paul Koch Jr. and Allan Cuscia. 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 nullifyuig or substantially derogating from the intent of the purpose of this bylaw ATTW AT"Wcopy Paget oft >* elk* n lA Bk 13342 Pg222 #4139 The Board also finds that this use, will not adversely affect the neighborhood by dividing this lot into two lots and will not be substantially detrimental to the -neighborhood and also that this use, of the two lots �;11 ho ;n A9rmnnv w;th rhP 1w4ahhnrhnnd and general nurnose and intent of this Bvlaw. Site: 100 Dale Street, North Andover, MA 01845 (Map 37.B Parcel 09), North Andover, MA 01845. Request a Finding and or a Variance for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Plan(s) Title: 1.) "Plan of Land" Dated September 5, 2012 and Revision October 15,2012 containing one (1) sheet, showing division of lots. Prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill, MA. 01830 2.) Map of "Abutters within 300 Ft "Prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill, MA. 01830(no date supplied) 3) Proposed House Locations for Variance Plan `prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill, MA. 01830 dated December 27 012 Voting in favor: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, D. Paul Koch Jr. and Allan Cuscia. Voting in the Negative: ------ Result of votes 5-0 The Board finds that the applicant has satisfied the provisions of Dimensional Requirement (Section 7) 7.I.2; 7.13.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning 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 Finding and 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 one (1) years of the date of the grant, it shall I", and may be re-established only after notice, and a new hearing. Noo Andover Zoning board o Appeals Albert P. Manzi, Esq., Chairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk D. Paul Koch Jr., Esq. Allan Cuscia Decision 2012-01OB Page 2 of 2 f RECEIPT Printod:02-12-2013 ® 11:28:01 Essex North Registry M. Paul Iannuccillo Register Trans#: 3930 Oper:KEVINZ SCALLISE Book:. PL Page: 16865 Ctl#: 58 Rec:2-12-2013 ® 11:27:58a DOC DESCRIPTION TRANS AMT --- ----------- --------- PLAN Surcharge CPA $20.00 20.00 5.00 TECH FEE 5.00 Plan recording 50.00 Total fees: 75.00 ------------------------------ Book: 13342 Page: 221 Inst#: 4139 Ctl#: 59 Rec:2-12-2013 ® 11:27:58a NAND 100 DALE ST DOC DESCRIPTION TRANS AMT --------- NOTICE Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5,00 TECH FEE 5.00 Total fees: 75.00 Ctl#: 60 Rec:2-12-2013 Q 11:27:58a DOC DESCRIPTION TRANS AMT ----- --------- COPY MANUAL FEE ENTRY Document Copy -Man 9.00 *** Total charges: 159.00 CHECK PM 4745 159.00 TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS NAME JosFPN 13 O'C 0NN457cL 00 DAL 6 - Procedure & Requirements for an Application for a 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 uoara or an avoicanon as The information herein is an abstract of more specific requirements listed in the 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 Permit Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: t Petitioner completes 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. Sten 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in section 10, page 4 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev & Services 27 Charles Street, 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 PAr;F 1 r,f d VARIANGEE+ roRTM t 1 O •St�ao ,ate 40 3 � c if' Ct_ERK'S OFF4, TO!` Z(342 4d0Y 15 PM 4 } D9 wCMUSE AC STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in i erest (abutters) and for publication in the newspaper. Thb 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 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 on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise receive. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest_ Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common.St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office Page 2 of 4 A0plicationfor j Zoning Board of Appeals 1. Petitioner: Name, address and telephone number. JO -SC -PH 13 o'Co 1JA1 FZ_X1_ loo DA L�F s', AloR77-1 '} uOovEP M!R- ol��fs q 78 - 688 - 1391 `The petitioner Shap be entered on the legal notice and the dearion as entered above. Z Owners of Land: Name, Address and Telephone number and number of years under this ownership: - .IDSEoN 13. 4' oAjo? C 4POL J D'CoA.)tiCLC_ Years OwnedLand: 35 V FA R 5 3. Location of Property: a. Street: /00 P,91 -C- -si— Zoning District /2 - b. Assessors: Map number 37T3 Lot Number:_ - 9 c. Registry of Deeds: Book Number -/3 2 b' Page Number_ lb 4. Zoning Sections under which the petition for the Variance is made. 'Refer to Dii')7ens%ora( 1S Q4(,(r?/eYY1Pri 0 -7, 1, 7. 1.3.Z 7. Z 64 -7.2. Permit Denial and.Zoning By-t_aw Rcvf cw as ,Dy Ire UUNW1g C%onpressloner 5. Describe the Variance request PFTiTO('JFP' Sc-'FKs 70 I-)(yrOF EXISLAIL PgdCEZ OF I-AAII) iNrD 7yiJo cors 101774 Cone FO/ZN1 r kf6 AA&FFA s . NF seews PRoM peotjTA6E" qMD LOT Wrp7N REf�ur/�En�E�TS 'The above desatption shall be used for the Wwpos+e of the legal notice and decision. Amore detailed descri don is required pry to the Zoning hoard Rides and Regulations as cited oa-page 4 of this application Faihrre by the to clearly describe the request may result in a monthat does not address the intent of the Icar L The dwill be Grnited to the rte by the applicant and w1°not iinnrolve additional. items not included abort. 6a, Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back • Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % 17S B. % G(7S� VARIANCE Applica• • S ..��,f k•�r'Z,x:"a"� `5�. �yy'�v's "tr e��. `�-' .,,n�'�?'i^s', g�1xjh�� a-w�'.0-'�"t `"dam ��a�� t Zoning Board of AppeaLs • • . Existing Lot: Lot Area Open Space•• • r_ ge Parking Minimum Lot set Back Sq. Ft. Sq. Ft Coverage . Feet Spaces Front Side A Side 8 Rear % 22% C. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Mimimum Lot set Bads' Sq. Ft Sq- Ft Coverage Feet Spaces Front Side A Sid B Rear % 7`F19� % i'Sr.Bi d. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft Sq. Ft Coverage Feet Spaces Front Side A Side B Rear % /7S. 7. a. .Existing Buildings: Ground. Fl or Number of Total Use of Square feet Floors Sq. feet Building' N A -Reference Uses from the Z=g Bir- Uw_ SWi nurrber of cauls in W -WV_ b. Proposed 8uddings: Ground Floor Number of Total Use -or Square feet :. Floors " Sq: feet Budckrrg• NA -Refererxe Uses from the Zoning By4. State number of units in buirg. 8. Petitioner and Landowner signature (s): Every lerWs ffi far a Variance shave be made on ttn;s form which is the OTcW form of the Zoning Board of Appeals. Every application shag be filed with the Town Clenirs Office. R stag be the responsrbrtity of the petnboner to furnish all supporting d� wan this .The dated Y of flus received for Clerk or the zoning Board of Appeals does not absolve the applicant from flus respora;rbility. The petitioner shag be responsible for afi expemes and legal nofifiratioa ReFarre lo with application requirements, as cted herein and in the Zoning. Board Rules and gulations may rest* m a �rtn�al bbyyytthe Zon/eing Board of #ft appfcabW as Mcorrnplete Sionature Type above name (s) here j 05fFDH 3. D �C o N u EZL r PAGE 4 OF 4 9. WRITTEN DOCUMENTATION Application for a Variance must Ije'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 dearly identified and factually supported. Each point,,A-F, individually, is required to be addressed with 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 generally the zoning district in which the is orated_ 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 r 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 Buildable 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. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) 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 constructionlconversion/ 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.- 1) roposed:I) five or more parking spaces, II) three (3) or more dwelling units, III) 2000 square feet of building area. Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. VARIANCE *10. B. *Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a'plan not to exceed 11 "x17', preferred scale of 1 "=40' Il) One (1) Mylar. 111) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Indicated 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: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer or surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisks (*). In some cases further information may be required 11. APPLICATION FILING FEES A. Notification fees: Applicant shall provide a check or money order to: 'Town of North Andover - #022-1760-4841" for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check Also, the applicant shall supply first class postage stamps (currently 37¢) x the # of parties of interest on the abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1°x2-5/8" (3 copies for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of $50.00 per application. ► ► A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted.- ,4 100 Dale Street I. Site Description: The subject parcel is located at 100 Dale Street. The parcel is approximately 4.2 acres in land area and was created 10/1977 and is identified as Assessor's Ref Map 37B, Parcel 9. Deed is recorded at North Essex Registry Book 01328, Page 0109. The subject parcel is wholly located within the Town of North Andover Watershed Protection overlay zoning As such, the parcel is subject to the requirements set forth in Section 4.136 of the Town of North Andover Zoning By - Laws. The subject parcel is not located in a special Flood hazard Area on Flood Insurance Rate Map Community Panel No. 250098 0006C 11. Written Documentation: A. The particular use proposed for the land or structure. The subject property is in Zone R1. The applicant seeks subdivide his 4.2 acre parcel into two lots, each with an area of over 2 acres. This variance is for relief from the requirements of -lot frontage, lot width _and lot depth. The newly created lots will be sold as a single family house lots. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the FINDING is sought which do not affect generally the zoning district in which the property is located. The property has adequate acreage to accommodate two lots but its long narrow shape provides for inadequate frontage for two lots. The lack of adequate frontage due to the lot shape also leads to non-compliance with two other zoning requirements: lot width and lot depth. Lot depth and lot width requirements are tied by regulation to lot frontage. A rectangular lot in the R1 zoning district with the required 175 feet of frontage would have a lot depth of 498 feet. The frontage to- depth ratio is 0.35. The subject property has an average depth of 760 feet and a required frontage to depth ratio of 0.23. This ratio comparison clearly demonstrates the irregular "circumstances relating to.....(lot) shape". 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: The FINDING may be granted because 1. the circumstances of lot shape that affect the property do not affect generally the zoning district in which the property is located 2. literal enforcement of the zoning regulations would present a financial hardship to the applicant 3. the proposed division of the lots will provide a lot density in conformance with the intent of the zoning regulations. F. Continuous Buildable Area Complies with requirements 3 T F ' IL o0 00 c o 0 eW c,`v ` r e4- U c L: oUw :? m (n W m � C ooUQ: T� r A Cl) C0 N N m N m m O m U C U rNi o LJ r T o a m ca°� n. o E aa) to m C O a U c�wC)S 0 T F ' IL T O N c o 0 LLL m F c L: oUw :? m (n W m � C m T� r A Cl) C0 N N W J < rNi o r T o C/) o E U= ccdU U C C U Q a7 J af W tD O T U T M T o m Q a 2 a o� Z a t9 O U a Cg m T L:CD aoF->m 2 >NN -gyp O m m m m� y O N N U) U) co En O t J � � o �F-Coif ' 0 Y U m o mJ Q to CO c o m L) if- CL E m �Fm-I0Fo- W M O 2 a Q O �- { QN o Z a O O O COD LO in Z cs o o T LL Z = Q � r7ccIi coo ).-c) 0 o Ij Lo LU UJ UJ Oz �0 D Q �0 �z - a Lu 0 u Q J� 2JS W �rnQ 00 a) a) x'00 a jOc>�.-z O r" u n 0 N M 0 O 0 0 0 0) 0 0 0 n Cl) 0 0 N g a� 2 m CL 00 C14 CN m T� A Cl) C0 N N U C C 3 M >NN OOnx- N N t Z N N ' O C'# 2 Z m 0 0 ix O �- { QN N Q T fh O COD LO Z cs o T I r7ccIi coo ).-c) l Ij �/� Q = i� 4.'k 4 dy J J Q o 4 i- Ua >m� W �rnQ 00 Z O r" t�J3 ..;. SLI d c'o N Cl) of J O m cr) Q Cfl U tl.1 O o Q W m ® c O �' m m a- 0 = 4) Z AIN U CL o T co O C O iQ m 7 _ ni N m Q (Q 0) fm m Q EC9 OM c - -T < g Em E Z¢ �in(nfnp m c u, UY o o==O c v, ¢msim a2u)000; v^ Ln N O Oto to 0) C71 C) m i4 ca m w rr r n :.: cQ ©� O E., 0O LL cQ c � Z CLLR cl.L }m -0'O0 O V" � IJJ maaco �m�OU( v C) D Q M) F- ul >- C7 U a Z LLJ Ln N T o F- c U5M m ti m� U3 t� iri rri iri U- .. F U to LL E E�ws � ct `m m� co °' a mWr 0 o m m mC70.Y ==mom cLi� Fo m t -:c w co j m m Q �•� o O E = T Q m T ' _ m < c 0�0Q. � . c lil > 0 o X m 0 m c m G Y u n 0 N M 0 O 0 0 0 0) 0 0 0 n Cl) 0 0 N g a� 2 m CL .:�,7.-.rte Fes..; .,�1w .F.!1-1.'Tjti - -: t:a.�•'Y�¢,.,.,�1y_` • .a: r :�:• ;•Iti17lKi7!t±. �"%":'; x,.,....,.ggv�'a!tnS:V•p+r,. 'C. 'f��k�w. ...._...... - ..__ ......._._.._.. int.#+w.r 1 t"WaarMtm suaft In arta srwwa► tans ruaq me 111.7 nA •• " tatty J. Wages. altia.Lowrance J. C&dogaa 464 Bary 7. Cadogan, Nusboad y and Wifo. both + of North Andover. gas** . IA .• isunl+,faraeeddeeatoapttdsaditfnitaaridebdosd 363,508.00 `mann Jo:cph.11. OfConneil and Carol J. 0=C*nnull, husband and • 1 , xiLc ax Joint tenants and scot tenants by the entirety, both .t of 100 Vale Street, to. Andover, Said County v h Oftb t=WW" ' •. t. (D.ar4srs.aierm�laslw,ssagi ,� A certain parent of land. With the buildings thereon. situated Is North Andover. gases County. stasseebasetta, and shown *a a Plas "Plan ' of Land oasitleds of Land Is North Aadener. Nass.. Owasd by _' Lara J. and Mary r. Cado;aa..sceie.l"ew, Oct. 13. 1977". .. recorded In North gases Registry Of Deeds and sobered , and bounded *ad desert►0d as fsilow*t ! •• beginning at as iron pis is a.stess wall ea the gortbi- rests,1y 21as of Date Street;' tktact vussias a3sag a .. _ { atone wall to a Northerly direction 572.3 lest. more y f. or loss. by lend partly of Rtllaer tad partly of Stith, to's point at lead of Leland, all as shown an said Floss chance is a Westerly direction along a stove wall, a distance of 234.2 test. more or lesst partly by lead at Leland and pertly by land of Lear". to the point of later- ater section section of said stop* wall tad a viva Yate. 1s. abowa as said Pleas thence turning ted russias In a southerly : direction 335.5 foot, sora or-less, partly by Land of tfielsoisaki, sad partly by land of Shuman, to a point at the Intersection of land of said Shusa* and of Parcel Ne. 2, to *bows on said Flan. thewce continuing to a Southerly direction. a distance of 302.90 feet, by s portion of Parcel No. 2, sa shown on *aid Plan, to a' Fi points thence turning aad suanlas to a Seutbsastarly jj direction. a distance of 300.0 fest, by o portion of ` Parcel 2. as shown an said Plan, to a railroad spike '. set In a atone wall. as •bows os acid Plan; thenen turning and continuing to two Is a Soutbeasterly direction, ' s diseases of 229.7 test. nava or 3088. along a otos* rail to an it*& pie at the point of beginsi&s. Contaislat. accord to gold Flan. 4.2 acres, more of lass: Suing a portion of the same premises described In a Dead dated August 14, 1974,.vseerded in said Registry of Deeds,. gook 1247, Poge 330. The Granters hei*uith grant to the Crsotese. their heir&. (•' successors sad assigns a Ilrbt-of-Way consist with the t,- land allows as Parcel No. 1 en-said rase. *ver the Southeast �oraer of Parcel No. 2 shown on said Plan. and shown as Rlsht-of-stay". as sold Plan. !b* Creators havewlAh eovenaet lot the benefit of the herein Grantees, their hairs; suce&asors *ad &&signs. that so residential structure *boll be arectsd oa-Pareal . No. 2. as shove on said Plaa. This restriction &hall . resale to effect until released by the Grantees, their heirs* suecessovs at aeaigso. .. . Aa�trcas -1 Cil Abutter to Abutter( ) Building Dept. ( ) Conservation ( X ) Zoning ( ) This certifies that the names appearing on the records of the Assessor Office as of / r Certified by; Date �/ This certifies that the names appearing on the records of the Asse ors t as of Certified by: ate / Q This certifies that the names appearing on the records rof--e ssessors Office as of "I/ i 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 oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property tine of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 37.B 9 Joseph O'Connell 100 Dale Street, North Andover, MA 01845 Abutters Properties Map Parcel Name Address 37.A 13 Stephen Daly 98 Marbleridge Road, North Andover, MA 01845 37.A 34 Larry McHugh 136 Castlemere Drive, North Andover, MA 01845 37.A 45 Johaine Realty Trust 30 Massachusetts Avenue, North Andover, MA 01845 37.A 46 Raymond Hamel 104 Castlemere Drive, North Andover, MA 01845 37.A 47 James Santoianni 96 Castlemere Drive, North Andover, MA 01845 37.6 1 Jason Bere 40 Berrington Place, North Andover, MA 01845 37.B 7 Kevin McLellan 158 Dale Street, North Andover, MA 01845 37.B 8 Paul Moncevicz, Jr 128 Dale Street, North Andover, MA 01845 37.B 10 Stephanie Rae 130 Marbleridge Road, North Andover, MA 01845 373 11 Innovative Properties, Inc 185 Squire Road, Revere, MA 02151 37.B 12 Jonathan Melchin 100 Marbleridge Road, North Andover, MA 01845 37.B 13 William Arlit 125 Marbleridge Road, North Andover, MA 01845 37.B 14 Harold Lynch 13 Parker Ridge Way, Newburyport, MA 01950 37.6 15 Mark Wolfenfden 115 Dale Street, North Andover, MA 01845 37.B 16 Felipe Schwarz 40 Sugarcane Lane, North Andover,•MA 01845 37.6 17 Hunt Family realty Trust 133 Dale Street, North Andover, MA 01845 37.B 18 Ellen Coklin 141 Dale Street, North Andover, MA 01845 37.B 42 Jeffrey Stevens 196 Marbleridge Road, North Andover, MA 01845 37.131 61 Massachusetts Electric 40 Sylvin Road, Waltham, MA 02451 37.B 65 Town of North Andover 120 Main Street, North Andover, MA 01845 37.B 70 Michelle Rotter 59 Berrington Place, North Andover, MA 01845 37.B 71 David Rutter 45 Berrington Place, North Andover, MA 01845 This certifies that the names appearing on the records of the Assessor Office as of / r Certified by; Date �/ This certifies that the names appearing on the records of the Asse ors t as of Certified by: ate / Q This certifies that the names appearing on the records rof--e ssessors Office as of "I/ i Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk D. Paul Koch Jr., Esq. Allan Cuscia Town of North Andover ZONING BOARD OF APPEALS Legal Notice North Andover Board of Appeals Associate Members Michael P. Liporto Douglas Ludgin Deney Morganthal Zoning Enforcement Officer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, December 11th 2012, at 7:30PM to all parties interested in the petition of, Joseph B. O'Connell for property located at 100 Dale Street(Map 037.B, Parcel 09), North Andover, MA 01845. Petitioner is requesting a Variance for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District; or a Finding from 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00 AM to 4:00 PM, Tuesday 8:00-5:30 and Friday 8:00-11:30. - By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: November 27, 2012 � m y c c m N=ia 6 d, 8 c m O(D- E.L Z rnm- L o a.o i. December 4, 2012 �aW�.-�F¢ERwa°imam�amE:°¢odcO`aE`�l°¢ mmcTooNav >W CM 0. Un-Oj NC•`O c�CV a-CCCU O'cm.00 N' EL m3oL GQf C�o OZ0 iso °mo �vr� m0 E ��N c ° E•c r 3 Ea°f Zaomo'0 o 00C)4E N"0 omrC�¢`° ¢LL�rn=�mm` 4m-�mEmm�`-`aciLL,ox9: o ama¢moM MO dv2 = nn �Qmmyo�mio,nn����a�OmOi°��Om �. 000. O 'a Om N._Om �� o" Za NLd m C~�t O ®v m¢iV� 2Y Q'-�� 02Y Q N� �? C ytD LLm0 O -L ^20id CO'_°'- A m- NO FN� UCIC O 0�7>. O V.- m" m m- H W (D co 10 cd m.� O'NN _ 0 c0 ZOc mw NO�N'O COCK On OCrJ.aa0� O Cr7 NNRc6mV,�=cOgO. �Z_aOOrn�<E;(D O V1NVOj-O. p, (D jo O20=..'O�0O Zr p'OC 'N `P Zm a, CajO� 'O uiOCn060'O F� HN OZ t`acp`>=-m00.:0 ENC—m�CNCRm'O 'C¢Nm@cE p Z ONcO Ori' 00f _•- w CO�Ow CO u7 m00�0 m=2'Or Cm.-O«.�P.2. O c6 WNr�«. O CU ca ..0-.02�dGo TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS (I North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Town ,Hall, 120 Main Street, North An- dover, AM on Tuesday, December 11th 2012, at 7:30PM'to all parties interested in the petition of, Joseph B. O'Connell for property located at 100 Dale Street (Map 037.B, Parcel 09), North Andover, MA •01845. Pe-' titioner is requesting a Variance for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Peti- ; toner seeks to divide existing parcel of land into two lots with conforming areas, but seeks relief from frontage, and lot size requirements in an R-1 Zoning District; or a Finding from 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Peti- tioner seeks to divide existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Application and supporting mate- rials are available for review at the of- fice of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from .the hours of 8:00 AM to 4:00 PM, Tuesday 8:00-5:30 and Friday 8:00-11:30. ET -11127 12/4112 - Albert P. Mama 111, .Esq. Chairman Ellen P.:Mclntyre, Bice -Chairman Richard I. Byers, Esq. Clerk D. Paul Koch Jr., Esq. Allan Cuscia Town of North Andover ZONING BOARD OF APPEALS Legal Notice North Andover Board of Appeals Associate. Members Michael P. Liporto Douglas Ludgin Deney Morganthal Zoning Enforcement Officer Gerald A. Brom Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, December 1 lth 2012, at 7:30PM to all parties interested in the petition of, Joseph B. O'Connell for property loctLted at 100 Dale Street(Map 037.B, Parcel 09), North Andover, MA 01845. Petitioner is requesting a Variance for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District; or a Finding from 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00 AM to 4:00 PM, Tuesday 8:00-5:30 and Friday 8:00-11:30. TOWN OF NORTH ANDOVER OF APPEALS By order of the Board of Appeals Albert P. Manzi I11, Esq., Chairman Published in the Eagle Tribune on: November 27, 2012 December 4, 2012 ZONING BOARD North Andover Board of Appeals ' I Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Town) Hall, 120 Main Street, North An- dover, AM on Tuesday, December 11th 2012, at 7:30PM'to all parties interested in the petition of, Joseph B. O'Connell for property located at 100 Dale Street (Map 037.8, Parcel 09), North Andover, MA 01845. Pe-. titioner is requesting a Variance for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Peti- tioner seeks to divide existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 ; Zoning District; or a Finding from 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Peti- tioner seeks to divide existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Application and supporting mate- rials are available for review at the of- fice of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from .the hours of 8:00 AM to 4:00 PM, Tuesday 8:00-5:30 and Friday 1 ET 1 i �7, 1214/12 Albert P. Manzi I1I, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk D. Paul Koch Jr., Esq. Allan Cuscia Town of North Andover ZONING BOARD OF APPEALS Legal Notice North Andover Board of Appeals Associate Members Michael P. Liporto Douglas Ludgin Deney Morganthal Zoning Enforcement Officer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, December 11th 2012, at 7:30PM to all parties interested in the petition of, Joseph B. O'Connell for property located at 100 Dale Street(Map 037.B, Parcel 09), North Andover, MA 01845. Petitioner is requesting a Variance for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District; or a Finding from 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00 AM to 4:00 PM, Tuesday 8:00-5:30 and Friday 8:00-11:30. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: November 27, 2012 December 4, 2012 Albert P. Manzi .I1I, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk D. Paul Koch Jr., Esq. Allan Cuscia Town of North Andover ZONING BOARD OF APPEALS Legal Notice North Andover Board of Appeals Associate Members Michael P. Liporto Douglas Ludgin Deney Morganthal Zoning Enforcement OfJ`icer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, December 11th 2012, at 7:30PM to all parties interested in the petition of, Joseph B. O'Connell for property located at 100 Dale Street(Map 037.B, Parcel 09), North Andover, MA 01845. Petitioner is requesting a Variance for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District; or a Finding from 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00 AM to 4:00 PM, Tuesday 8:00-5:30 and Friday 8:00-11:30. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: November 27, 2012 December 4, 2012 100 Dale Street I. Site Description: The subject parcel is located at 100 Dale Street. The parcel is approximately 4.2 acres in land area and was created 10/1977 and is identified as Assessor's Ref Map 37B, Parcel 9. Deed is recorded at North Essex Registry Book 01328, Page 0109. The subject parcel is wholly located within the Town of North Andover Watershed Protection overlay zoning As such, the parcel is subject to the requirements set forth in Section 4.136 of the Town of North Andover Zoning By - Laws. The subject parcel is not located in a special Flood hazard Area on Flood Insurance Rate Map Community Panel No. 250098 0006C II. Written Documentation: A. The particular use proposed for the land or structure. The subject property is in Zone R1. The applicant seeks subdivide his 4.2 acre parcel into two lots, each with an area of over 2 acres. This variance is for _ relief from_ the requirements of -lot fro_ntage,_ lot width and lot depth. The newly created lots will be sold as a single family house lots. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the FINDING is sought which do not affect generally the zoning district in which the property is located. The property has adequate acreage to accommodate two lots but its long narrow shape provides for inadequate frontage for two lots. The lack of adequate frontage due to the lot shape also leads to non-compliance with two other zoning requirements: lot width and lot depth. Lot depth and lot width requirements are tied by regulation to lot frontage. A rectangular lot in the R1 zoning district with the required 175 feet of frontage would have a lot depth of 498 feet. The frontage to depth ratio is 0.35. The subject property has an average depth of 760 feet and a required frontage to depth ratio of 0.23. This ratio comparison clearly demonstrates the irregular "circumstances relating to.....(lot) shape". I % q C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with the respect to the land or building for which the FINDING is sought. Mr. O'Connell acquired the property over 35 years ago when the zoning was one acre with a required 150 feet of frontage. Under the zoning at that time the property was subdividable into two lots: a single lot with 150 feet of frontage and one acre of land and a frontage exception lot with 50 feet of frontage and three acres of land. Until last year the assessor's office listed the property as being in the R2 zoning district even though the zoning district had been changed to R1 in 1987. (see attached). Under current zoning the property has enough frontage for one lot with 175 feet of frontage and one lot with 50 feet of frontage. However since a frontage exception lot requires three times the area of a conventional lot the total lot area requirement for two lots would be eight acres. The parcel contains only four acres. The lots presented on the submitted plans would allow houses to be constructed in full compliance with setback requirements and lot area thus preserving the intent of the zoning regulations with regard to density and proximity of homes. Not granting the FINDINGS requested would be a financial hardship on Mr. O'Connell. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. The attached assessor's plat shows that the lots abutting the property to the north, west and south are less than one acre in size. The properties to the west are two acres in size. Creating two lots of two acres in size from this property would 1. conform to the zoning area and setback requirements 2. create larger lots than most of the surrounding neighbors 3. protect the watershed by complying with the density envisioned for the district at the time of the zoning change 4. provide tax revenue to the Town for two lots rather than one lot. 2 a 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: The FINDING may be granted because 1. the circumstances of lot shape that affect the property do not affect generally the zoning district in which the property is located 2. literal enforcement of the zoning regulations would present a financial hardship to the applicant 3. the proposed division of the lots will provide a lot density in conformance with the intent of the zoning regulations. F. Continuous Buildable Area Complies with requirements 3 M�/ a 0.9 AC 1.02 AC S- w.H .92 AC TOWN OF NORTH ANDOVER e.. T 1.35 AC SUBJECT PROPERTY I 4.2 AC 2.6AC 3 'a ,p 2.2 AC 21,500SF 1.07 AC a gA a elf u 7p s 25,150SF .� 29,935SF N 7 J 28,126SF A S.* 0 R'S MAP � � M F- a. T N OO o •O CL: o o c !-LLJa N N � M Cc W U) T U F- N 1-M W uj J o p Mo O O U3 Uj o m m 4) m - Ois ry�� uw0 UJQ U Q J W ai�mrom T U CDCL T M < p a c CL (0 C nm,r= m > oo CL cVa2aO �2w0S O T F- a. T N C o •O CL: LL o c !-LLJa u ro m � M Cc W U) T Qo � F- N 1-M W uj J o p Mo O O T T O O Uj o m W U0 0 M(D MaU - a uw0 UJQ U Q J W co T U CDCL T M < p a O r Z CL (0 C UT•D L: c C > oo m m m m m cVa2aO m m Q CL co cn co cn c7 O J CA ClO c af-oav Y U �E O'O NQS in O m C C y 10 in N m o 0 M cm —e J C] E E O U -r -1 0 s � � co o T 0 0LL � Z T Qo � ei w-1 1-M o o uj co Lu 0z MO wuj t9 U QJ1 U 0 Z - a uw0 UJQ ZJ Qx F . ;. O M 7 M CL cVa2aO Q CL t 30U��z Q i 0O N N co t9 co M F . ;. 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Rusbasd a&d Wifo. both i• .. of Month Andover. - ii�uaisv 1.lorttaddenatospsi�aedtalsIItsstiinadmoE SGS.500.00 *meats Joseph U. 00Conn*11 and Car02 J. O'Connallt husband And a .•Lie as Joint tenants and not tenants by the entirety, both Of 100 Vale street, I. Andover, said t�uaty whh WWdaitownuft ' � : (Dm&ydtaa.itat.&w.esygse� A certain pares4 of land. with the buildings charges. situated _ - is !forth Aadovdr. gases Cesaty. saseacksaetts, and *kewn as a Plan j of Lead entitiadt "Blas of Laud is North Andover. Nass.. Owsed by S Larry J. and Mary R. Cadogam. Scale VOW# Oct. 13. 1977`o recorded In North Fossa" Reglstry'of 9**40 sad numbered . asd bounded gad described as fellowst ± - seginalag at on iron pia to & gross wall on the Mortb- easterly lies of Dais Stresti these* rusalag glass a S- *toss wall In a Northerly direction 372.5 test. sate y or lass. by land partly of 81118er and partly at Salth, f. to a point at lead of Lai&ad. all as shows as said Plaa; ' thence 1a a Westerly dtrictio& &lost a stems wall, a distance of 234.2 toot. more or less, partly by land of Leland"asd partly by land of Ingram, to the point of later - section of said *nogg well and a ries loses. as. shown as '. said Pias; thanes turning Rod running in * southerly direction 335.5 toot, sera or less, partly 4y Land at Tislgolashi, sad partly by land of shwa&, to a point at the t&tarsaetto& of land of said Shaman sad of Parcel No. 2, as shave on said plan; thewco coatlauiag 1& a sostberly direction. a distaato of 302.90 foot, by a portion of Parcel No. 2. *a shown on said Plan, to a (.' point; th*aas tut&1as &a4 rua&ias to s seutbs&sterly f direction. a distance of 100.0 toot, by a porting of { Parcel 2, as shows on &aid Plan. to a railroad spike sat to a sten* wall. as *hors on said Pias; thence turning sad costinsiag to rug is s Southaasttrly directigs, a disease* of 229.7 teat. were or leas. along a @tea* wall i`. to as iron Fla at the point at begi&alss. Containing, aeeordlug to said Rla*$ 4.2 aerast mora or lass: .: E balsa a portion of thesass premises described is a Dead 44 dated August 14. 1914,.rseosded is said Registry of Deets. Book 1247, Page 430. the Graatove he#esith grant to the Grantees. chefs heir&, successor& sed assigns a Rigbt-of-Way running with the : laud shown as Parcel Me. 1 an sold Plaa, ever the Southeast 10rsar of Parcel No. 2 shown an said Rlat. asd shown of r Right -of -9&7% ea *aid Plan. The Grasters herawLAb covenant for the bsagfit of the bersta create**. their b&in ; successor* and &gotta@, that ag rs6446at1*1 atrsetnr* •boll be erected os Paragl { Mo. 2. as shown an eatd Plan. this restriction sha21 remain to affect until released by the Crsatoea, their hair&. successor* or assign. .. i .��.V��. .c7".•r•..Y.t OF ni�1�i1C�Rrtiil'�- --• 34' it9. t� ti• �.t i `i ;�� -� ..� . , ��`� . y t- % , A ? Abutter to Abutter ( ) Building Dept. ( ) Conservation ( X ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT. Mcl. 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." Subiect Prooe MAP PARCEL Name Address 37.8 9 Joseph O'Connell 100 Dale Street, North Andover, MA 01845 Abutters Properties Map Parcel Name Address 37.A 13 Stephen Daly 98 Marbleridge Road, North Andover, MA 01845 37.A 34 Larry McHugh 136 Castlemere Drive, North Andover, MA 01845 37.A 45 Johaine Realty Trust 30 Massachusetts Avenue, North Andover, MA 01845 37.A 46 Raymond Hamel 104 Castlemere Drive, North Andover, MA 01845 37.A 47 James Santoianni 96 Castlemere Drive, North Andover, MA 01845 37.B 1 Jason Bere 40 Berrington Place, North Andover, MA 01845 37.B 7 Kevin McLellan 158 Dale Street, North Andover, MA 01845 37.6 8 Paul Moncevicz, Jr 128 Dale Street, North Andover, MA 01845 37.B 10 Stephanie Rae 130 Marbleridge Road, North Andover, MA 01845 37.B 11 Innovative Properties, Inc 185 Squire Road, Revere, MA 02151 37.B 12 Jonathan Melchin 100 Marbleridge Road, North Andover, MA 01845 37.B 13 William Arid 125 Marbleridge Road, North Andover, MA 01845 37.B 14 Harold Lynch 13 Parker Ridge Way, Newburyport, MA 01950 37.6 15 Mark Wolfenfden 115 Dale Street, North Andover, MA 01845 37.B 16 Felipe Schwarz 40 Sugarcane Lane, North Andover, -MA 01845 37.B 17 Hunt Family realty Trust 133 Dale Street, North Andover, MA 01845 37.6 18 Ellen Coklin 141 Dale Street, North Andover, MA 01845 37.13 42 Jeffrey Stevens 196 Marbleridge Road, North Andover, MA 01845 37.B 61 Massachusetts Electric 40 Sylvin Road, Waltham, MA 02451 37.B 65 Town of North Andover 120 Main Street, North Andover, MA 01845 37.6 70 Michelle Rotter 59 Berrington Place, North Andover, MA 01845 37.B 71 David Rutter 45 Berrington Place, North Andover, MA 01845 This certifies that the names appearing an ft records of the Assessor office as of Certified by ' DateI/ This certifies that the names appearing on the records of the Asse ors t as of Certified by: ate D� This certifies that the names appearing on the records of a ssessors Office as of 1-1-� 91 1. ,A TOWN OF NORTH ANDOVER FINDING ZONING BOARD OF APPEALS °€ Procedure & Requirements For an Application for a Finding 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 Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that are underlined will be completed by the Town STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receives a Permit Denial form completed by the Building Commissioner. STEP 2: FINDING APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a FINDING. 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 information as cited in item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits one (1) original of all the required information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk certifying the time and date of filing. The remaining ten copies will remain at the office of the Zoning Board of Appeals secretary. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office 978-688-9545 Building Department STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning 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/PARTY IN INTEREST FEE: 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 on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Laws ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. 1 Page 2 of 4 Date &Time Stamp Application fora F-11IN D 11ING, NORTH ANDOVER BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: '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: Years Owned Land: 3. Location of Property: a. Street: Zoning District b. Assessors: Map number Lot Number: c. Registry of Deeds: Book Number Page Number: 4. Zoning Sections. under which the petition for the Finding is made= *Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner 5. Describe the Finding request: *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. Failure by the applicant to clearly describe the request 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 will not Involve additional items not Included above. 6a, Difference from Zoning By -LAW requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back " Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % B. % Page 3 of 4 Application for a FINDING ;. ,�. •,_ .: _.�., �,.« -.; F.....k �,.<:..� x . ,. � -�..0 �. ,>:§�-...aas.-,.3.�>..>e �� .� a.�?'�` � x.> .,,sw.s�4:,�,..n - .u....,M�i�..-0 ,a::?..a .,. , .. v�,b ., =-z? .Y z .., ..,�,'.o .. .. .. .. ...... ..... . . ... NORTH ANDOVER ZONING BOARD OF APPEALS 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back * Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear d. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7. a. Existing Buildings: Ground Floor Number of,Total 'Use VI Square feet Floors Sq. feet Building* *Reference Use Code numbers and Uses from the Zoning By -Law State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* *Reference Use Code numbers and Uses from the Zoning By -Law State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Finding 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 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 the Zoning Board of this application as incomplete. Signature Tvoe above name (s) here r PAGE 4OF4 FINDING North Andover Zoning Board of Appeals `_ j v ,,..,.,�.�? +� �..t.....'� 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. This is required in the case of a finding when the following points based on MGLA ch. 40A sec. 6 and 9 and the North Andover Zoning By -Law Section 9.0 a request for a FINDING shall be clearly identified and factually supported: Addressing each of the below points individually is required with this application. A. The particular use proposed for the land or structure. B. Fact relied upon to support a Finding that the proposed extension or alteration shall not be more substantially detrimental than the existing non- conforming use. C. Addressing all details of the Building Commissioner's denial when appropriate. 10. Plan of Land Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of Appeals. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: a) five or more parking spaces, b) three or more dwelling units, c) 2000 square feet or more of building area. Minor projects that are less than the above limits shall require only the plan information as indicated with an asterisks (*). In some cases further information may be required. 10. B. Plan Specifications: a) Size of plan: Ten (10) copies of a plan not to exceed 11 "x17" preferred scale of V =40'. b) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five ZBA signatures and date on mylar. 10 C. FEATURES TO BE INDICATED ON PLAN A. Site Orientation shall include: 1. North point 2. zoning district (s) 3. names of streets 4. wetlands to be shown on plan (if applicable) 5. abutters of property, within 300 foot radius 6. location of buildings of adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements B. Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer or surveyor. 10D. FURTHER REQUIREMENTS: Major Projects shall require that in addition to the above featufes, plans must show detailed utilities, soils, and topographic information. A set of building elevation and interior of building plans shall be required when the application involves new construction, conversion and/or a proposed change in use. Elevation plans for minor projects include decks, sheds, & garages shall be included with a side view depicted on the plot plan, which include a ground level elevation. 11. APPLICATION FILING FEES A. Notification Fees: Applicant is to send by certified mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. Applicant is to supply stamps (appropriate current postage) for mailing of decisions to all parties of interest as identified in MGLA ch. 40A, sec. 11 as listed on the application. ZBA Secretary will compute number of stamps. B. Applicant is to supply one (1) set of addressed labels of abutters to ZBA Secretary who will mail decisions to abutters and parties in interest. C. Administrative fee of $50.00 per application. .2 Amzmxmgwzl�� Town of North Andover, Zoning Board of Appeals APPLICANT'S PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) ABUTTERS PROPERTY: list by map, parcel, name and address (PLEASE PRINT CLEARLY, USE BLACK INK) MAP IPARCEL I NAMEADDRESS THIS INFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE ASSESSOR'S OFFICE: BY: DATE: SIGNATURE, ASSESSOR, TOWN OF NORTH ANDOVER Required list of parties of interest Page one of o a • ►�`h FINDING 'aswc TOWN OF NORTH ANDOVER . ZONINGBOARD .OF, APPA1-4 LS Procedure & Requirements for an Application for a Finding Ten (I o) copies of the following information must be submitted thirty QMdays prior to the first public hearing. Failure to submit Tired information within the time periods p result in a dismissal by the Zan. Board of an a lication as incom e. The information herein is an abstrad of more specific requirements fisted in the Zoning Board Rules and Regulffttons and is not -meant to supersede them. The �- „ner, 411 mm t to items that are underlined 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- FINDING APPLICATION FORM: Petitioner compietes an application form to petition the Board of. Appeats for a. Finding. All information .as required in items 1 through and including 11 shall be completed. STEP 8: PLAN PREPARATION: n information as Petitioner submits all of the required pia .f cited in section 10, page 4 of this form. SSP 4: OBTAIN � the PARTIES IN INTEREST: The petitioner raga s Office to compile a certified list of Parties in Merest (abutters) - STEP 6: SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town -Clerk with the time and date of filing. The original will be left at the Town Cleric's Office, and the 10 Xerox copies will be left,with the Zoning Board of AppealsSe IMPORTANT PHONE NUMBERS: 978-688-9533 1600 of OssgooCommunity odmSt; B 9 20 Suite 2-36 North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 Building Department ams Office 8-6 9788-9541 Zoning Board of Apps ``tk ' _�\j It 1 -7�n` iu 0` Thm stamp STEP 6: SCHEDULING OF HEARING AND PREPARATION 'OF LEGAL NOTICE: s schedules The Office of the Zoning Board e prepares the legal the applicant for a hearing date notice for mailing to the parties in interest (abutters) and for publication in the newspa�• been prepared and the notified that the legal notice cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER - The petitionerpicks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper publication. STEP -6- - PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: . The petitioner should appear in hisJher behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information. it has otherwise received. . . STEP 9:. DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in interest, Any appeal of the Board's decision may be made pursuard to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk STEP 10: RECORDING THE DECISION AND PLANS• The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex Courtly, North Regisby of Deeds, 384 Common St., Suite #304, Lawrence MA, 01843 and shall complete the Certification of Recording form and the Buildiit ng to the Zoning Board of Appeals Department — PAGE 1 of 4 North Andover Town Hall 120 Main Street 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for aFINDING I Please eomlileft all items I -1 t below: 1. Petitioner *Name, *Address and telephone number. J0S4C_7Pt4 B, C)'60A)V5LI /06 - L)tq e -F 157- alo R F/ P Al 0,0 1) O l k S qn—lo,eg - 13c7l *The-petltioner 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 under this ownership: J. e " ,Tt )Z -s 3. Location of a. str643kS-77 Zoning District -, b. r ,e�rs:,._Map nu.. n c. Registry of Deeds: Book'Number. 3 ZSR 'Plg6 Nu'iiiiber 102 4. Zoning Bylaw Sectioin(sr under which the petition for the Finding is made. -7,1 *Refer to th q Zoning Bylaw Denial and Plan Review- Narrative form as supplied 6y_ the Inspe6toi of Buildln'gs. 5. Describe the` Finding request: P�` / 7-1,ot) -,< --M.. -D/y//Der- E,)0577AJ,6P,4ReEFL- TWO t_a75' W 17 W LEW 1 -EQ U I ol irm 47 '1 JT� The above des notice description shelf. be.u"d;fo0-h6 Oqf��of.#Wlagal nab and decision. A. more detafled description is required'purguant to the Zoning Board Rules and Regu"qqa'-!W Fited.,9kP890 4,, "section 9 of this application. Failure by the applicant to descrPae the request clearly may result In a decision that does not address the i..te..t of the applicant. The decision will be limited to the request by the applicant and will nt not lni" aidlic'nial'llants not -ifthidoid-"ovi. 6. A. Difference from Zoning Bylaw requirements: indicate the dimension(s) that will not meet current Zoning Bylaw Req6ir'" ements. (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 Front Side A Side B Rear tc* I A. Z t75' tof I B. — % Z 1 7-5- ,A 4& Z Page .3 of -A. NORTH ANDOVER ZONING BOARD OF APPEALS application for a FINDI 6 B. Existing Lot: Cot Area Open Space .Percent Lot Sq. FL Sq. Ft Coverage 6 C. Proposed Logs): Lot Area Open Space Percent Lot Sq. FL Sq.'FL Coverage Frontage Parking Feet Spaces ., -% d) Frontage Parking Feet Spaces 76, F7 ` 6 D. Required Loi: (As required by zoning Bylaw & Table 2) Lot Ama Open Space Percent Lot Frontage Parking Sq. Ft Sq. Ft--Goverage- Feet Spaces 7A. Existing Building(s): Ground Floor Number of Height Total Square feet Floors Sq. feet N/A Minimum Lot Setback Front Side A Side B Minimum Lot Setback Front Side A Side B Minimum Lot Setback Front Side A Side B Use of Building* 'Reference Uses from the Zoning Bylaw & Table 1. "State number of units in build'ing(s). 7B. Proposed Building(s): Grund Floor Number of Height Total Squame feet Floors Sq. feet Nn Use of Building' 'Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): G Rear Rear Rear Number of Units" Number of Units" Every application for a Finding 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 fumish 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 fil'mg 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. Type above name(s) here: JQ5E-Pq 0_ o' corykl�—zc- PAGE 4of4 9.: WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. All dimensional requirements shall be clearly identified and factually supported when requesting a Finding from the requirements of MGLA ch. 40A, and the North Andover Zoning Bylaws. All points, A -C, are required to be addressed with this application. A. The particular use proposed for the land or structure. B. Fact(s) relied upon to support a Finding that the proposed extension or alteration shall not be more substantially detrimental than the existing non- conforming use. C. Address all appropriate details of the Building Commissioner's denial. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan(s). Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) 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 constructioniconversion/ 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: 1) five. (5) or more parking spaces, 11) three (3) or more dwelling units, III) 2,000 square feet of building area. Major Projects shall require, in addition to the 106. & 10 C. features, that the plans show detailed utilities, soils, and topographic information. *10. B. *Plan Specifications: I) size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x17", preferred scale of 1"=:409. II) One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures and date.. Iln Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional FINDING Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. *10. C. *Required Features On Plan: n 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. In 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 Plan 5. Title of Plan 6.. Names addresses and phone numbers of the applicant, owner of record, and land surveyor. 7.. Locus. 10. D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an asterisk (*). In some cases further information may be required 11. APPLICATION FILING FEES 11. A. Notification fees: Appiicant shall provide a 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 on the abutter's list for the legal notice postage check. Also, the applicant shall supply first class postage stamps )(the # Of parties of interest on the abutter's list for the decision mailing. 11.13. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than or h_5Dec 3 copies for the Legal mailing and one copy sion mailing). . 11. C. Applicant shall provide a check or money order to: °Town of North Andover" per 2005 Revised Fee Schedule.. THE ZONING BYLAW TOWN OF NORTH ANDOVER, MASSACHUSETTS 1972 REPRINTED 1994 o ��� pTe -9 ti � r a�+� "� � �� fit► LOo I rim KE CH CH ICK '9ss�CHU9 PLANNfNG BOARD L ATTrST A True Copy 61.« Tc�x Clerk g a 0 0 o N fftt 0 M p ft 0 m (p i• nnn A r o W a A. ATT INT: A TrLi& CQbY'; 7bwn Clerk N i M. O � � ft 0 D a%O - - C O M R Y =�O D N n!� Nt N p� K K hf Ar •O ti F� tl t p K ^ M� �. K ft •ir y Y W W W M W m r Ai Y Y O O O N Y r N c \ O U � W N \ \ O O 0 y y y W N W ►� W N W p y O O O N N to Y Y O O O a tr �+ ar 0 0 O tr N Y y Y o_ a N O M G C N wrp N O O O to O to p m r r N U tT JT P. t•• O K w VN t0 e \ N 0 O W O t+ N N tr N N W U r w O v J Yr N n h Ln W O1 ri-• fD o N t% ~ p pG N N N ,7r M W 0 0 0 • p.r O O W N N w w N N to % p U fJ UA N U U r •\y J ►J UA O r 0 = w C w C y 0. G O 4 O O O O Ln N O k O j... O O to O O O a C UNi ~ O O ~ � o r o N y N tt N t: N N tr O O O O O H. •r o J J w o m la w N to \ U \ `�, X, to N U U c m bbb y Ln 0 0 0 W O tr L. tor U mr w Y 0 p W W O NO tr G O N O O W O Ln N U m N M oU oN O ON a 0 \ tr tA Oq O O to tr w b r o 0 0 0 r o y W O w N W N U to Y i Q.. h! O O to O N b C N O F. r p o N i i ..4 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice-Chairmasi Richard J. Byers, Esq. Clerk D. Paul Koch Jr. Esq. Allan Cuscia A smiate Memberr 111ichael P. Liporto Deney Morganthal Douglas Ludgin Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, § 17 Notice of Decision Year 2013 'a.7C;EIV p 2013 JAN 22 Pm 1: 06 UF Town Clerk Time Stamp Property at: 100 Dale Street, North Andover, MA 01845 NAME: Joseph B. O'Connell BEARING(S): 11 Dec 2012 and 8 Jan 2013 ADDRESS: 100 Dale Street (Map 373 Parcel 09), North Andover, MA 01845 PETITION: 2012-OIOB The North Andover Board of Appeals held a public hearing at the Town Hall, at 120 Main Street, North Andover, MA on Tuesday, the 8`s of January 2013 at 7:30 PM on the application of Joseph B. O'Connell for property located at 100 Dale Street (Map 37 Parcel 09), North Andover, MA 01845. Petitioner is requesting a Finding and or a Variance for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Legal notices for the Variance and Finding 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 November 27, 2012 and December 4, 2012. The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, D. Paul Koch Jr. and Allan Cuscia. The following Associate members were present: Michael Liporto, Deney Morganthal and Douglas Ludgin. Cuscia made a motion to Grant the Variances for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. The relief for Lot 1, is 98.11 feet, and Lot 2, is 23.19 ft for the frontage Variance. Byers second the motion All were in favor to Grant the Variance: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, D. Paul Koch Jr. and Allan Cuscia. 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 from the intent of the purpose of this bylaw Page 1ofl 2 0 M The Board also finds that this use, will not adversely affect the neighborhood by dividing this lot into two lots and will not be substantially detrimental to the -neighborhood and also that this use, of the two lots will be in harmonv with the neighborhood and general n„rnnse And ;ntanr nfth;q n-1—., w1J Site: -.7.-Vv. 100 Dale Street, North Andover, MA 01845 (Map 37.13 Parcel 09), North Andover, MA 01845. Request a Finding and or a Variance for Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Plans) Title. 1.) "Plan of Land" Dated September 5, 2012 and Revision October 15,2012 containing one (1) sheet, showing division of lots. Prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill, MA. 01830 2.) Map of "Abutters within 300 Ft "Prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill, MA. 01830(no date supplied) 3) Proposed House Locations for Variance Plan `prepared by Christiansen and Sergi INC., 160 Summer Street Haverhill, MA. 0 183 0 dated December 27,2012 Voting in favor: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, D. Paul Koch Jr. and Allan Cuscia. Voting in the Negative: -------- Result of votes 5-0 The Board finds that the applicant has satisfied the provisions of Dimensional Requirement (Section 7) 7.1.2; 7.1.3.2; 7.2 and 7.2.2. Petitioner seeks to divide the existing parcel of land into two lots with conforming areas, but seeks relief from frontage and lot size requirements in an R-1 Zoning District. Notes: I. 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 Finding and 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 one (1) years of the date ofthe grant, it shall lapse, and may be re-established only after notice, and a new hearing. No h Andover Zoning board of Appeals Albert P. Manzi, Esq., Chairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk D. Paul Koch Jr., Esq. Allan Cuscia - Decision 2012-010B Page 2 of 2 Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS'p � i ,; RE C J �Q) affw,%tY Y. Afan zi 3.75, Fbq. 6/gQlh'/ z= f NORTH q z FePe�z J. ✓Yic9nt�yce, ?lC'!i'avana�c o ��, eo '�• J4cha d Y. X yew, &q.'C eyd o? DEC 9). YaLLI Xo,& JU. r 1 atemG'socia 4- NOR Th y /s� itOF NOAt„ (.LJLS(Al.iate ✓i'!.Wldw,,w 9'°o pP` of SA 6' {� SHCHUS ( " j S T J�iCplae.Q ✓..CiQO�IfQ S E 17ene* Atm� 99=0w b*ih Date 11 December, 2012 Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a ----1 Variance Special Permit Comprehensive Permit (40B) �� Findin ' For property located at: STREET: 100 Dale Street MAP: 037.B PARCEL: -9 TOWN: North Andover, MA 01845 TO MEETING DATE(S) January 8, 2013 NAME OF PETITIONER JOSeDh B. O'Connell SIGNED: Pelt inner (or petitioner's representa 've) 1600 Osgood Street, Building 20 - Suite 2035, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com