HomeMy WebLinkAboutMiscellaneous - 107-109 MARBLEHEAD STREET 4/30/2018 I
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Tow1a bf North. Andover � jAAR7l*
RECEIVED Office of the Building Department
.1oYCE > Development and Services Division
TOE ;
NORTH c William J. Scott, Division Director
A N 00 VER �'•:,t,o�.��y
27 Charles Street 'SSA HIJ Se�
100 D2 Q j S North Andover, Massachusetts 01845
D. P.o ert L 'ice a Telephone (978)688-9545
Building Coininissioner ( Fax (978)688-9542
1`1 I
Any appeals shall be filed. NOTICE OF DECISION
within(20)days after the Year 2000
date of filing of this notice Property at: 107-109 Marblehead Street
in the office of the Town Clerk.
NAME: Frank Stewart DATE: 12/19/2000
ADDRESS: 107-109 Marblehead Street PETITION: 033-2000
North Andover,MA 01845 HEARING: 10/10/2000, 12/12/2000
The Board of Appeals held a regular meeting on Tuesday,December 12,2000,at 7:30 PM upon the
application of Frank Stewart, 107-109 Marblehead Street, North Andover,MA for a Variance from
the requirements of S7,P7.11 7.2, 7.3,for dimensional relief and for a Special Permit from S9,P 9.1,to
allow construction of a proposed garage on a non-conforming lot within the R4 Zoning District.
The following members were present:William J. Sullivan,Walter F.Soule,John Pallone, Ellen McIntyre.
Upon a motion made by John Pallone,and 2"d by Walter F. Soule,the Board voted to GRANT a
dimensional VARIANCE for relief of lot dimension of 3,058 s.f,relief of street frontage of 50',front
setback of 24', side setback of 13' and rear setback of 28'and that the property structure would meet the
Building Inspector's s re
qulrements and that the new structure be made of masonry block instead of wood.
structure,and that the entire property of 107- 109 Marblehead Street be restricted to residential use only
and not for commercial use,or commercial use vehicles,or be used for storage of commercial use vehicles,
or otherwise,and to GRANT a SPECIAL PERMIT to construct a proposed garage on a non-conforming
lot. In accordance with the Plan of Land revised date: November 7, 2000,by: John Abagis&Associates,
#35773, 137 Chandler Rd., Andover,MA. Voting in favor: William J. Sulllivan, Waiter F. Soule, John
Pallone,Ellen McIntyre.
10.4 Variances and Appeals
The Zoning Board of Appeals shall have power upon appeal to grant variances from the terms of this Zoning Bylaw where the Board
finds that owing to circumstances relating to soil conditions,shape,or topography of the land or structure and especially affecting suds
land or structures but not affecting generally the zoning district in general,a literal enforcement of the provisions of this bylaw will
involve substantial hardship,financial or otherwise,to the petitioner or applicant,and that desirable relief may be granted without
substantially detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw.
Furthermore,if the rights authorized by the variance are not exercised within one(1)year of the date ofthe grant,they shall lapse,and
may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained
herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless
substantial use or construction has commenced,they shall lapse and may be re-established only after notice,and a new hearing.
By order o the Zo rrg Sbard of Appeals,
ml/decisions2000/43
Raymond Vivenzio,actin Chairman'
]iC�:'\R!)O'r':\I'Pf.\i.-Sr�t;S=?�4: I;;.i1_!)!\i, .�;-'?�J� CO�S1-;R�.:1'1'.:)\i>eS-); u al:-:\L.l'!1�35-') -t(? 1'{:\"•:\f'�CiGh3-4_�.i;
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NBRT d
Zoning Bylaw `Keview Forms
n Town Of North Andover Building Departm ante
27 Charles St. North Andover, MA. 01845 Liu AUG 1 4 2000
Phone 978-688-9545 Fax 978-688-9542
Street: 107—109 Marblehead Street '' ��*s�i s *Ar- _JA,
Map/Lot: 9/42
Applicant: Frank Stewart
Request: 20 x 46 Masonry garage
Date: 8/10/00 4
(Y
Please be advised that after review of your Application and Plans your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient x 1 Frontage Insufficient x
2 Lot Area Preexisting x 2 Frontage Complies
3 Lot Area Complies 3 Preexisting frontage x
4 Insufficient Information 4 Insufficient Information
B I Use 5 No access over Frontage
1 Allowed x G contiguous Building Area
2 Not Allowed 1 Insufficient Area
3 Use Preexisting 2 Complies
4 Special Permit Required 3 Preexisting CBA x
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply 1 Height Exceeds Maximum
2 Front Insufficient 2 Complies x
3 Left Side Insufficient x 3 Preexisting Height
4 Right Side Insufficient x 4 Insufficient Information
5 Rear Insufficient x Building Coverage
6 Preexisting setback(s) X(dwelling) 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies x
D Watershed 3 Coverage Preexisting
1 Not in Watershed x 4 Insufficient Information
2 In Watershed
j Sign
3 Lot prior to 10/24/94 1 Sign not allowed
4 Zone to be Determined 2 Sign Complies
5 Insufficient Information 3 Insufficient Information
E Historic District K Parking
1 In District review required 1 More Parking Required
2 Not in district 2 Parking Complies
3 Insufficient Information
Remedy for the above is checked below.
Item # I Special Permits Planning Board Item # Variance
Site Plan Review Special Permit Setback Variance
C/3,4,5
Access other than Frontage Special Permit Parking Variance
Frontage Exception Lot Special Permit Lot Area Variance
Common Driveway Special Permit
Height Variance
Congregate Housing Special Permit Variance for Sign
Continuing Care Retirement Special Permit Special Permits Zoning Board
Independent Elderly Housing Special Permit Special Permit Non-Conforminq Use ZBA
Large Estate Condo Special Permit Earth Removal Special Permit ZBA
Planned Development District Special Permit Special Permit Use not Listed but Similar
Planned Residential Special Permit Special Permit for Sign
R-6 Density Special Permit 7-2/C- Other A special permit for a nonconforming
6/F-3 structure on a nonconforminglot
Watershed Special Permit Supply Additional Information
The above review and attached explanation of such is based on the plans and information submitted. No definitive review and
or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to
provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent
changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the
BuildingDepartment.The attache
p d d 4ument titled"Plan Review Narrative"shall be attached hereto and incorporated
li b reference. buil herein
Y g d nt will retain all plans and documentation for the above file.
Builin De artme Official Signature
9 P Application Received Application p cation Denied
Denial Sent: If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the application for
the property indicated on the.reverse side:
Its° wi� 9 3TM1c i X: sx
}� _ 'EM.
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FI��'�;� 1�t��. f�jj-�s1r� r N t f� y'%cs 4�. � ���� �5.-�'`• fi�iE�t't"`,; rq,�x+`��!�z�t ��r �S'z ti z �b`'Sq�Yj`�k�e�5 t p,� '�z f a�r s�,n�tr �,\;�3`'x'Fz.`��.,c��{r%��� I
� A-1&2 C-6& `�.A special permit is required for the extension of preexisting nonconforming
F-1&3 structures and or lots under Section 9 of the Towns Zoning Bylaw.
C3,4&5 A variance for both sides and rear setbacks on proposed 20 x 46 garage.
I
Referred To:
Fire Health
I
Police x Zoning Board
Conservation Department of Public Works
x Planning Historical Commission
Other BUILDING DEPT
ZoningBylawDenia12000
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North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, Massachusetts 01845
Phone (978) 688-9541 Fax(978) 688-9542
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Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main St.,North Andover, MA., on Tuesday the I&day of October, 2000
at 7:30 PM to all parties interested in the appeal of Frank Stewart, (reference previous
petition#021-98)for premises.at: 107-109.Marblehead Street,North Andover,MA, for a
Variance from the requirements of Section 7, Paragraph 7.3 for side& rear setbacks and
for a Special Permit.from Section 9;Paragraph.(9.1 & 9.2 to allow construction of a
proposed garage on a non-conforming lot.
A.said premises affected is property with frontage on the North side of 107-109
Marblehead Street within the R-4 Zoning District.
Plans are available for review at the office of the Building Dept., 27 Charles Street,North
Andover,MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. .
By order of the Board of Appeals,
William I.Sullivan, Chairman
Published in the Eagle Tribune on Sept. 26& Oct 3, 2000. ,
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North Andover h
Zoning Board of Appeals
27 Charles Street
North Andover, Massachusetts 01845 +�
Phone(978) 688-9541 Fax(978) 688-9542
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Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior {
Center, 120 +�
R Main St. North Andover, MA.,on Tuesday the 10 da of October, 2000 �
Y Y !
at 7:30 PM to all parties interested in the appeal of Frank Stewart, (reference previous
petition#021-98)for premises at: 107-109 Marblehead Street,North Andover,MA, for a
Variance from the requirements of Section 7,Paragraph 7.3 for side& rear setbacks and
for a Special Permit from Section 9,Paragraph(9.1 & 9.2 to allow construction of a
proposed garage on a non-conforming lot.
A said premises affected is property with frontage on the North side of 107-109
Marblehead Street within the R-4 Zoning District.
0
Plans are available for review at the office of the Building Dept., 27 Charles Street,North
Andover,MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM..
By order of the Board of Appeals,
William I Sullivan, Chairman
IIS
Published in the Eagle Tribune on Sept. 26& Oct 3, 2000. +
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.JOYCE BQ,gp. ;HAW
TOWN CLEIRK
SACH S�`<� NORTH ANDOVER
TOWN OF NORTH ANDOVER JuN Il 9 15 AM tap
MASSACHUSETTS H JO
BOARD OF APPEALS
Any appeal shall be filed
within(20)days after the ' NOTICE OF DECISION
date of filling of this Notice
in the office of the Town Clerk. Property: 107-109 Marblehead St. l'
NAME: Frank Stewart DATE: 6/10/98
I
ADDRESS: 115 Blueridge Rd. PETITION: 021-98
North Andover, MA 01845 HEARING: 6/9/98
The Board of Appeals held a regular meeting. on Tuesday evening, June 9, 1998, upon the application of
Frank Stewart, 115 Blueridge Rd., North Andover, MA., for property located at 107-109 Marblehead St.,
within the R-4 Zoning District, requesting a Variance from the requirements of Section 7, paragraph-7.2
& 7.3 for relief of street frontage, front setback, side setback and rear setback, and for a Special Permit
to allow the construction of a proposed garage on a non-conforming lot.
The following members were present: William J. Sullivan, Robert Ford, John Pailone, Scott Karpinski,
Ellen McIntyre.
The hearing was advertised in the Lawrence Tribune on 5/26/98 & 6/2/98 and all abutters were notified
by regular mail.
Upon a motion made by Scott Karpinski and seconded Ellen McIntyre, the Board of Appeals voted to
GRANT a variance for relief of lot dimension of 3,058 sq. ft., and relief of street frontage of 50', front
setback of 24', side setback of 13' and rear setback of 28', and that the property structures would meet
the Building Inspector's requirements and that the new structure be made of masonary btock instead of
wood structure, and that the entire property of 107 and 109 Marblehead St, be restricted to residential
use only and not for commercial use or commercial use vehictes, or otherwise, and to GRANT a Special
Permit to construct a proposed garage on a non-conforming lot as shown on plan dated 4/27/98 by John
Abagis, Associates P.L.S. Voting in favor: William J. Sullivan, Robert.Ford, John Paltone, Scott
Karpinski, Ellen McIntyre.
The petitioner has satisfied the provision of Section 10, paragraph 10.4 of the ZoMrrg Bylaw and that the
granting of the variances will not adversely affect the rreighborirood or derogate from the intent and
purpose of the Zoning Bylaw.
Note: The granting of the Variance and/or Special Permit as requested.by the applicant does not
necessarily ensure the granting of a Building permit as the applicant must abide by all appiioabte local,
state and federal and building codes and regulations, prior to the issuance of a building permit as
requested by the Building Commission.
BOARD OF APPEALS
William J. Sullivan, Chairman
1decoct7
,1 ,`�► � OCT no
October 25,2000 '`
1.
To Whom It May Concern:
SUBJECT: Proposal of 5-Stall Detached Garage to be located at 107-109 Marblehead Street�-
OWNER: '.Frank Stewart
CONSIDERATION: Variance&Special Permit/R4 Zoning
We are concerned neighbors in the area and are writing to you anonymously to express our concerns of the
proposed 5-stall detached garage at 107-109 Marblehead Street(a 4-unit multi-family dwelling)at the last
Planning Board Town Meeting, dated October 101h,2000.
The owner, as you know, is a master electrician,and we feel that the garages will be utilized for dead
storage especially commercial equipment and not the intended use of tenant, vehicle storage.
Another concern of ours is simply,that if,the garages are utilized as dead storage for people other than the
property tenants,then the current tenant's vehicles including the abutting property at I l 1-113 Marblehead
Street which is also a 4-unit multi-family dwelling would have to park some of their vehicles in front of the
proposed garages or on the street. We are aware of the strict parking ban in the Town of North Andover
during the winter months. As is stands now,we understand that there is a common driveway for egress and
ingress between the 2, four-family units. It is obvious that limited paved asphalt parking is apparent for
that property now, and the addition of the proposed improvement would create a major serious parking
problem for the exisitng tenants and/or emergency vehicles if a crisis situation arises.
Also, if the tenants living at the(8)units did not rent these garages and did not want to pay an additional I
fee,then who would be renting these garages? If non-tenants rent the garages,where would they park their
vehicles if working or storing items in these proposed garage stalls?
If approved, and commencement of the garages begin, where will the current tenants put their vehicles? A
5-stall detached garage can not be built in a day. There are numerous fire hydrants on the street and we
believe that 20 vehicles parking on the street would create a serious narrowed 2-way street for other
vehicles.
Would firewalls have to be on both ends of the garage since it would be abutting garages on both sides?
How high will the roofline be and will there be another apartment or storage loft built above the garage?
We also feel that the commercial equipment needed to construct this improvement would not be in the best
interest of the neighborhood. As mentioned previously,the common driveway is about 5-feet wide and a
large cement truck would exceed that width.
A noise factor issue would be a concern as well if the garages were rented as dead storage. Unexpected and
unlimited access would be needed at all hours of the day and night.
For the record,we are against the special permit for this 5-stall detached garages.
Thank You for your help in this important matter.
NOV t Q 2wn
Kathy C. Stevens
83 Academy Road, North Andover, MA 0184 OAR�DF F
(978) 683.5522
November 9, 2000
William J. Sullivan, Chairman
Board of Appeals
Town of North Andover,MA 01845
Re: Appeal of Robert Kittredge, Principal,KITCO Farm,Ltd.
Dear Mr. Sullivan,
I am writing in support of my neighbor Robert Kittredge, who wishes to rebuild the caretaker's
house on Kittredge Farm because I am unable to attend the hearing on Tuesday,November 14,
2000. Replacing the existing building with a newer one of a similar appearance seems to have
only advantages and no disadvantages.
If you have any questions, feel free to contact me at your convenience.
I
I
Sincerely,
CC: Dana Adam
I
i
KITTYES.DOC
or
3
OCT .10
,
goon
October 25,2000
To Whom It May Concern:
SUBJECT: Proposal of 5-Stall Detached Garage to be located at 107-109 Marblehead Street
OWNER: Frank Stewart
CONSIDERATION: Variance&Special Permit/R4 Zoning
We are concerned neighbors in the area and are writing to you anonymously to express our concerns of the
proposed 5-stall detached garage at 107-109 Marblehead Street(a 4-unit multi-family dwelling)at the last
Planning Board Town Meeting, dated October 10`h,2000.
The owner, as you know, is a master electrician,and we feel that the garages will be utilized for dead
i
storage especially commercial equipment and not the intended use of tenant,vehicle storage.
Another concern of ours is simply,that if,the garages are utilized as dead storage for people other than the
property tenants,then the current tenant's vehicles including the abutting property at 111-113 Marblehead
Street which is also a 4-unit multi-family dwelling would have to park some of their vehicles in front of the
proposed garages or on the street. We are aware of the strict parking ban in the Town of North Andover
during the winter months. As is stands now,we understand that there is a common driveway for egress and
ingress between the 2,four-family units. It is obvious that limited paved asphalt parking is apparent for
that property now, and the addition of the proposed improvement would create a major serious parking
problem for the exisitng tenants and/or emergency vehicles if a crisis situation arises.
Also, if the tenants living at the(8)units did not rent these garages and did not want to pay an additional
fee,then who would be renting these garages? If non-tenants rent the garages,where would they park their
vehicles if working or storing items in these proposed garage stalls?
If approved, and commencement of the garages begin,where will the current tenants put their vehicles? A
5-stall detached garage can not be built in a day. There are numerous fire hydrants on the street and we
believe that 20 vehicles parking on the street would create a serious narrowed 2-way street for other
vehicles.
Would firewalls have to be on both ends of the garage since it would be abutting garages on both sides?
How high will the roofline be and will there be another apartment or storage loft built above the garage?
I
We also feel that the commercial equipment needed to construct this improvement would not be in the best
interest of the neighborhood. As mentioned previously,the common driveway is about 5-feet wide and a
large cement truck would exceed that width.
A noise factor issue would be a concern as well if the garages were rented as dead storage. Unexpected and
unlimited access would be needed at all hours of the day and night.
For the record,we are against the special permit for this 5-stall detached garages.
Thank You for your help in this important matter.
� 4 I
Received by Town Clerk:
RECEIVED
JOYCE BRADSHAW
TOWN OF NORTH ANDOVER. N/LNSSACHUSETTS TOWN CLERK
BOARD OF APPEALS NORTH ANDOVER,
APPLICATION FOR RELIEF FROM THE ZONING ORDINANgfi SEP _ A 11: 52
Applicant ✓-a,. Address
!�e • G Tel. No. / �7• d1 � 5'
1. Applicant is hereby made:
a) For a variance from the requirements of Section 7
Paragraph `7. 3 and Table__of the Zoning Bylaws.
b) For a Special Permit under Section q Paragraph Q
of the Zoning Bylaws
c) As a Partv A-grieved, for review of a decision made by the BuildimgInspector or other
authority.
I a) Premises affected are land and building(s)
numbered /eJ 77 - /0 9 S treet.
b) Premises affected area property with frontage on the North OO South O East ( ) West ( )
side of /0 7— /0 1 Street.
C) Premises affected are in Zoning District and the premises affected have an
area of 9 9`9'a square feet and frontage of feet.
3. Ownership:
a) Name and address of owner (if joint ownership, give all names):
Date of Purchase Previous Owner
b) 1. If applicant is not mfmer, check his/her interest in premises:
Prospective Purchaser Lessee Other
2. Letter of authorization for Variance/Special Permit required
5of8
•
4_ Site of proposed building: `� front; feet deep;
Height stories; /L f feet.
a) Approximate date of erection
b) Occupancy or use of each floor:
c) Type of construction
5. Has there been a previous appeal, under zoning, on these premises? ,'YL-c,— When
6. Description of relief sought on this petition. ___
7. Deed recorded in the Registry of Deeds in Book 13 1 No. Page a 3�_
Land Court Certificate No. Book PaLe
The principal points upon which I base my application are as follows: (must be stated in detail)
I agree to pay the filing fee, advertising in newspaper, and incidental expenses*
Signature of Petitioner (s)
6 of 8
' WORK SHEET
DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT: �C "
Required Setback E;asdhz Setback Relief
or Area. or Area Requested
Lot Dimension
Area
Street Frontage
J I
o
Front Setback (s)
II
lSf
Side Setback (s)
r�-
/ 5'
Rear Setback (s) '
O z '
Special Permit Request:
P q
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7 of 8
Zoning �t�trr�;x_ ,r, ,
Town of North Andover, Zoning Board of Appeals 0I I mr,&IA t'3 5
APPLICANT'S PROPERTY: list by map, parcel, name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
MAP PARCEL NAME ADDRESS
Ap" ,
ABUTTERS PROPERTY: list by map, parcel, name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
MAP PARCEL NAME ADDRESS
33
3 6 3
5 3 ins O
,n , a
THIS INFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE
ASSES R' OFFICE:
BY. DATE: C)Cb
S NATURE,A ESSOR, TOWN OF NORTH ANDOVER
Required list of parties of interest on Page 6
g e of
f��o ;�.
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o ��
+ � HORTM
V 0�,,�w 14 \\
O - 9
�-
JOYCE 8'RAO aAW
TOWN CLERKJ'
,SS^CNUSNORTH ANDOVER
TOWN OF NORTH ANDOVER JUN ,l Q IS p 198
MASSACHUSETTS v H J(J
BOARD OF APPEALS
Any appeal shall be riled t..
within(20)days after the L+ NOTICE OF DECISION
date of filling of this Notice
in the office of the Town Clerk. Property: 107-109 Marblehead St.
NAME: Frank Stewart DATE: 6/10/98
ADDRESS: 115 Blueridge Rd. PETITION: 021-98
Notch Andover, MA 01845 HEARING: 6/9/98
The Board of Appeals held a regular meeting on Tuesday evening, June 9, 1998, upon the application of
Frank Stewart, 115 Blueridge Rd., North Andover, MA., for property located at 107-109 Marblehead St.,
within the R-4 Zoning District, requesting a Variance from the requirements of Section 7, paragraph 7.2
& 7.3 for relief of street frontage, front setback, side setback and rear setback, and for a Special Permit
to allow the construction of a proposed garage on a rron-conforming lot.
The following members were present: William J. Sullivan, Robert Fond, John Pailone, Scott Karpinski,
Ellen McIntyre.
The hearing was advertised in the Lawrence Tribune on 5/26/98 & 6/2/98 and all abutters were notified
by regular mail.
Upon a motion made;by Scott Karpinski and seconded Ellen McIntyre, the Board of Appeals voted to
GRANT a variance for relief of lot dimension of 3,058 sq. ft., and relief of street frontage of 50', front
setback of 24', side setback of 13' and rear setback of 28', and that the property structures would meet
the Building Inspector's requirements and that the new structure be made of masonary block instead of
wood structure, and that the entire property of 107 and 109 Marblehead St. be restricted to residential
use only and not for commercial use or commercial use vehicles, or otherwise, and to GRANT a Special
Permit to construct a proposed garage on a non-conforming lot as shown on plan dated 4/27/98 by John
Abagis, Associates P.L.S. Voting in favor: William J. Sullivan, Robert Ford, John Pailone, Scott
Karpinski, Ellen McIntyre.
The petitioner has satisfied the provision of Section 10, paragraph 10.4 of the Zoning Bylaw and that the
granting of the variances will not adversely affect the neighborhood or derogate from the intent and
purpose of the Zoning Bylaw.
Note: The granting of the Variance and/or Special Permit 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 and building codes and regulations, prior to the issuance of a building permit as
requested by the Building Commission.
BOARD OF APPEALS >.
William J. Sullivan, Chairman
0
r
ill
TOWN OF NORTH AIVDOVE
Zoning Board of Appeals
27 Charles Street
North Andover. MA 0184.