HomeMy WebLinkAboutMiscellaneous - 11 BIXBY AVENUE 4/30/2018 (2) Yar ❑SP ❑Finding 1340D
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Town of North Andover
ZONING BOARD OF APPEALS �� .
Mbert P_Manzi III,Esq.Chairman poRTFt �s �—CE'I V E Q
EI]cn P.McIntyre,Vice-Chairman F t � }' r"
ty Oneo a�ti0 4,s1:;r>.. .,� '�?tr'c" in
Flry
Richard J.Byers,Esq.Clerk qqRR ii'' !! �'
D.Paul Koch jr- p 4019 UG 26 PM 2::56
AIIan Cuscia t ,�
9trociafe Alembers _
Michael P.Liporto
Doug Ludgin SswcHUSEt HOP,T 1 AkD���
Denc}iVlorganthal MASSAGH►J��
Town Clerk Time Stamp
Any appeal shall be filed within(20) Notice of Decision
days after the date of filing of this Year 2014
notice in the office of the Town Clerk,
per Mass.Gen.L.ch.40A, §17 Property at:11 Bixby Avenue(Map 69 Parcel 2),North Andover,MA 01845
NAME: Robert A Stephenson HEARING(S): August 12,2014
ADDRESS: 11 Bixby Avenue(Map 69,Parcel 2), PETITION: 2014-005A
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,August 12, 2014 at 7:30 PM on the application of Robert A Stephenson, for
property located at 11 Bixby Avenue (Map 69 Parcel 2), North Andover, MA 01845. Petitioner is
requesting from the Zoning Bylaws a Special Permit from Section 9.2 Alteration and Extension for a
pre-existing non-conforming lot and two Variances from Table 2 (Dimensional Requirements)for a three
season porch. The Variances needed are for a side yard setback of 7.2 the required is 15 and a rear yard
setback of 11.5 the required is 30.OThe property is located in the R-4 Zoning District.
Legal notices were sent to all the certified abutters provided by the Town of North Andover,Assessors
Office, and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North
Andover, on July 29a'and August 5h 2014
The following regular voting members were present:Albert P.Manzi 111,Ellen P.McIntyre,Richard J.
Byers,and Allan Cuscia also associate member,Doug Ludgin.
Ludgin made a motion to Grant the Special Permit for the 3 season porch in a pre-existing non-
conforming structure, from Section 9.2 Alterations and extensions of the Zoning Bylaws in the R-4
Zoning District.
With the following condition:
At the rear of the lot line where 10-12 Wiley Street abuts 11 Bixby Street a screening type buffer be
installed between the lots.
Byers second the motion
All those in favor to Grant the Special Permit Ludgin,Byers,McIntyre and Manzi
Voting in the negative Cuscia
4-1 Special Permit Granted.
The Board also finds that this use,as developed by the building and site plans,will not adversely affect
the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians since there are
provisions for the required off-street parking. Adequate and appropriate facilities are provided to the
existing residential dwelling where the three season porch is located. The Board finds that the three
season porch previously existed prior to its reconstruction,and will not be substantially detrimental to the
existing single-family dwelling and to the neighborhood and that this use, of the three season porch will
be in harmony with the neighborhood and general purpose and intent of this Bylaw.
Pagel of 2
Site: 11 Bixby Avenue(Map 69,Parcel 2), ,North Andover,MA 01845
Petitioner, Robert A Stephenson. A Special Permit from Section 9.2,
"Alterations & Extensions" and also 2 Variances from Table 2 (Dimensional
Requirements) for side and rear yard setbacks of the Zoning Bylaws in the R-4
Zoning District,to construct a three season porch.
Plan(s)Title: 1)"Plan of the Land"containing one(1)sheet. Prepared by Merrimack
Engineering Services ,Dated November 13,2013
2)"Addition Left Side(partial)and Right Side(addition)",Containing one
sheet, `First Floor Plan",Containing one sheet, "Second floor Plan"Containing
one sheet,"Rear and Front(addition)",Containing one sheet
Pre ared by Frank Olney Architect Newton,MA
Voting in favor: Albert P.Manzi III,Ellen P.McIntyre,Richard J.Byers,.and Doug Ludgin
Voting in the Negative: Allan Cuscia
Special Permit Granted 4-1
The Board finds that the applicant has satisfied the provisions of from Section 9.2"Alterations and Extensions"and
Table 2(Dimensional Requirements)for side and rear yard setbacks of the Zoning Bylaws, to allow for the three
season porch at 11 Bixby Avenue(Map 69,Parcel 2),North Andover,MA 01845 in an R-4 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 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 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 Special Permit are not exercised 2 year of the date of the grant,it shall lapse,
and may be re-established only after notice,and a new hearing.
No h Andover Zoning Ifoard of Appeals
bert P.Manzi III,Esq.,Chairperson
Ellen P.McIntyre, Vice Chairperson
Richard J.Byers,Esq., Clerk
Allan Cuscia
Doug Ludgin
Decision 2014-005A
Page 2 of 2
Town of North Andover
ZONING BOARD OF APPEALS
r
Albert P.Manzi 111,Esq.Cbairman RE C�EiV E
q C
NORT#tq r11 Vis.. ,'D
Ellen P.McIntyre,Lite-Chairman 4
Richard J.Byers,Esq.Clerk 3� �` '''° eL
D.Paul Koch Jr. 1 0 0101h AUG 26 PM 2: 56
Allan Cuscia41
Associate A4embers
Michael P.Li orto �R,r.o�•"'`c`� 1+
Doug LudginP Ss US W t H AMOV E'.R
Deney Morganthal MASSAC1juSETTS
Town Clerk Time Stamp
Any appeal shall be filed within(20) Notice of Decision
days after the date of filing of this Year 2014
notice in the office of the Town Clerk,
per Mass.Gen.L.ch.40A, §17 Property at:11 Bixby Avenue(Map 69 Parcel 2),North Andover,MA 01845
NAME: Robert A Stephenson HEARING(S): June 24,2014,August 12,2014
ADDRESS: 11 Bixby Avenue(Map 69,Parcel 2), PETITION: 2014-005B
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, August 12, 2014 at 7:30 PM on the application of Robert A Stephenson, for
property located at 11 Bixby Avenue (Map 69 Parcel 2), North Andover, MA 01845. Petitioner is
requesting from the Zoning Bylaws a Special Permit from Section 9.2 Alteration and Extension for a
pre-existing non-conforming lot and two Variances from Table 2 (Dimensional Requirements) for the
three season porch. The Variances needed are for a side yard setback of 7.2 the required is 15 and a rear
yard setback of 11.5 the required is 30. Property is located in the R4 Zoning District.
Legal notices were sent to all the certified abutters provided by the Town of North Andover,Assessors
Office,and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North
Andover, on June 10`h and June 17`h 2014
The following regular voting members were present,Albert P.Manzi III,Ellen P.McIntyre,Richard J.
Byers,and Allan Cuscia also associate member,Doug Ludgin.
Ludgin made a motion to Grant two Variances in the R-4 Zoning District for Robert A. Stephenson, 11
Bixby Street(Map 69 Parcel 2)for Petition 2014-005B
The variances requested are for a side and a rear yard setback. The side yard setback is 7.2,the required
is 15.0(relief of 7.8).The rear yard setback is 11.5,required is 30.0(relief is 18.5).
With the following condition:
At the rear of the lot line where 10-12 Wiley Street abuts 11 Bixby Street a screening type buffer be
installed between the lots.
Byers second the motion
All those in favor of the Variance Ludgin,Byers,McIntyre and Manzi
Voting in the negative Cuscia
4-1 Variance Granted.
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.
Pagel of 2
The Board also fmds that the use of the three season porch will not adversely affect the neighborhood.
There will be no nuisance or serious hazard to vehicles or pedestrians. The Board fords that the
reconstructed 3-season porch previously existed prior to its reconstruction,and will not be substantially
detrimental to the existing single-family dwelling and to the neighborhood and that this use, of the 3-
season porch will be in harmony with the neighborhood and general purpose and intent of this Bylaw.
Site: 11 Bixby Avenue(Map 69,Parcel 2), ,North Andover,MA 01845
Petitioner, Robert A Stephenson. A Special Permit from Section 9.2,
"Alterations & Extensions" and also 2 Variances from Table 2 (Dimensional
Requirements)for side and rear yard setbacks of the Zoning Bylaws in the R-4
Zoning District,for a three season porch.
Plan(s)Title: 1)"Plan of the Land"containing one(1)sheet. Prepared by Merrimack
Engineering Services ,Dated November 13,2013
2)"Addition Left Side(partial)and Right Side(addition)",Containing one
sheet, `First Floor Plan",Containing one sheet, "Second floor Plan"Containing
one sheet,"Rear and Front(addition)",Containing one sheet
Prepared b Frank Olney Architect Newton,MA
Voting in favor: Albert P.Manzi III,Ellen P.McIntyre,Richard J.Byers,.and Allan Cuscia,
Doug Lud in
Voting in the Negative: Allan Cuscia
Variance granted 4-1
The Board fords that the applicant has satisfied the provisions of Table 2 and Section 9.2,"Alteration and
Extensions"of the Zoning Bylaw in order to allow for the three season porch at 11 Bixby Avenue(Map
69,Parcel 2),North Andover,MA 01845 in an R-4 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 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 1 year of the date of the grant,it shall lapse,and may
be re-established only after notice,and a new hearing.
6,J
Nop&Andover Zoning Board of Appeals
A ert P.Manzi III,Esq., Chairperson
Ellen P.McIntyre, Vice Chairperson
Richard J.Byers,Esq., Clerk.
Allan Cuscia
Doug Ludgin
Decision 2014-005B
Page 2 of 2
Town of North Andover
ZONING BOARD OF APPEALS
�}�-.� A mm �+�q ���p�9 NORTF
Albert P.Mama M, Caeft«EC
Ellen P.Mdnq w,Ka Gaa�mroa o? °'- 0� fl rrai�C 119anbrrs
Richard)-Byers,Esq-Geri ' 7° Michael P.Liporto
D.Paul Koch Jr,Esq. Doug Ludgin
Allan Cuscia "oR,T.o.�"`h* Deney Morganthal
9SSAcHus� zoning Enf-I officer
Gerald A.Brown
Legal Notice
North Andover Board of Appeals
Notice is hereby given that the Board of Appeals will hold a public hearing at the
North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, August
121 2014, at 7:30PM to all parties interested in the petition of Robert A. Stephenson,
for property located at 11 Bixby Avenue (Map 69, Parcel 2), North Andover, MA
01845.
A Special Permit from Section 9.2 of the Zoning Bylaws, Alteration and Extensions is
needed for a pre-existing non-conforming lot in the R-4 Zoning District.
Application and supporting materials are available for review at the office of the
Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday,
Wednesday and Thursday from the hours of 8:00-400, Tuesday from the hours of
8:00-5:30 and Friday from 8:00 to 11:30
By order of the Board of Appeals
Albert P. Manzi III, Esq., Chairman
Published in the Eagle Tribune on:
July 29, 2014
August 5, 2014
5
TOWN OF NORTH ANDOVER SPECIAL
ZONING BOARD OF APPEALS PERMIT -,,•
NAME
ADDRESS OF APPEAL Town Clerk Time Stamp
Procedure & Requirements for
an Application for a Special
Permit
Twelve (12) copies of the following information must be STEP 6•SCHEDULING OF HEARING AND
submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE:
Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules
time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal
ZoningBoard of an application as incomplete-
notice for mailing to the parties in interest(abutters) and
The information herein is an abstract of more specific for publication in the newspaper. The petitioner is
requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the
Regulations and is not meant to supersede them. The cost of the Party in Interest fee.
Petitioner will complete items that are underlined.
STEP 7: DELIVERY OF LEGAL NOTICE TO
STEP 1:ADMINISTRATOR PERMIT DENIAL: NEWSPAPER
The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office
receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal
Building Commissioner. notice to the local newspaper for publication.
STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING
Petitioner completes an application form to petition the BOARD OF APPEALS:
Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf, or be
as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of
completed. any appearance without due cause on behalf of the
petition,the Board shall decide on the matter by using
STEP 3: PLAN PREPARATION: the information it has received to date.
Petitioner submits all of the required plan information as
cited in Section 10 page 4 of this form. STEP 9: DECISION:
After the hearing,a copy of the Board's decision will be
STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's
The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts
a certified list of Parties in interest(abutters). General Law ch.40A sec. 17,within twenty(20)days
after the decision is filed with the Town Clerk.
STEPS: SUBMIT APPLICATION:
Petitioner submits one(1) original and 11 Xerox copies STEP 10: RECORDING THE DECISION AND PLANS.
of all the required information to the Town Clerk's Office The petitioner is responsible for recording certification of
the decision, Mylar, and an accompanyinglans at the
to we certified by the Town Clerk with the time and date y Y �
of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 354 Merrimack
Office, and the 11 Xerox copies will be left with the St., Lawrence MA 01843, and shall complete the
Zoning Board of Appeals secretary. Certification of Recording form and forward it to the
Zoning Board of Appeals and the Building Department.
7 7777�
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. &Services a
s Town
Hall
1600 Osgood Street 120 Main Street
Building 20, Suite 2035 North Andover, Massachusetts 01845
978-688-9542 fax for Community Development offices 978-688-9501 Town Clerk's Office
978-688-9545 Building Department 978-688-9566 Assessor's Office
978-688-9541 Zoning Board of Appeals Office
PAGE 9 of 4
v
PAGE 2 OF 4 Date&Time
Stamp
Application for a SPECIAL PERMIT
North ANDOVER ZONING BOARD OF APPEALS
M
1. Petitioner: Name, address and telephone number:
C r 6 1711z,JSd,1J
S : '4=�J "Jd Ltd 61Y
*The petitioner shall be entered on the legal notice and the decision as entered above.
i
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
-e- b �E L 6 A_xt7
Years Owned Land: Y
3. Location of Property:
a. Street: // 6 � x s4 114t, _Zoning District R 4l
b. Assessors: Map number r6 F Lot Number: 02
c. Registry of Deeds: Book Number a i yo Page Number:_ 3 _
4. By-Law Sections under which the petition for the Special Permit is made.
*Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner.
5. Describe the Special Permit request-.
A 17- fL y ��� c`,✓ ted���,c ..
Ij
*The above description shall be used for the purpose of the legal notice and decision. A more detailed description is
required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.
Page 3of4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL. PERMIT
6A. Existing Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
S_q_Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
1(7 %
6B. Proposed Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
%
6C. Required Lot: (As required by Zoning Bylaws&Table 2))
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
7A. Existing Building(s):
Ground Floor Number of Total Use of Number
Square feet Floors Sq.feet Building* of Units"
"Reference Uses from the Zoning Bylaws&Table 1.
**State number of units in building.
7B. Proposed Building(s):
Ground Floor Number of Total Use of Number
Square feet Floors Sq.feet Building* of Units'"
*Reference Uses from the Zoning Bylaws&Table 1.
**State number of units in building.
6. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every
PP P ,
application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting
Ili 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 ning Boar of this application as incomplete.
Sign ture
Type above name(s) here )Z o,� d' C S<< f/l tis��v
PAGE 4 OF 4 SPECIAL PERMIT �
9. WRITTEN DOCUMENTATION II) One(1)Mylar,with one block for Registry Use
Application for a Special Permit must be supported by a Only, and one block for five(5)ZBA signatures and
legibly written or typed memorandum setting forth in date.
detail all facts relied upon. When requesting a Special Ho Plan shall be prepared,stamped and certified by
Permit from the requirements of MGLA ch.40A, and the a Registered Professional Land Surveyor. Please
North Andover Zoning By-laws,all dimensional note that plans by a Registered Professional Engineer,
requirements shall be clearly identified and factually Registered Architect, and/or a Registered Landscape
supported. All points, 1-6,are required to be Architect may be required for Major Projects.
addressed with this application. *10 C. *Required Features On Plan:
1) Site Orientation shall include:
1.The particular use proposed for the land or structure. 1. north point
2.The specific site is an appropriate location for such 2. zoning district(s)
use, structure or condition. 3. names of streets
3.There will be no nuisance or serious hazard to 4. wetlands(if applicable)
vehicles or pedestrians. 5. abutters of property,within 300'radius
4.Adequate and appropriate facilities will be provided 6. locations of buildings on adjacent properties
for the proper operation of the proposed use. within 50'from applicants proposed structure
5.The use is in harmony with the purpose and intent of t 7. deed restrictions, easements.
Zoning Bylaw. Ill Legend&Graphic Aids shall include:
6.Specific reference and response to the criteria 1. Proposed features in solid lines&outlined in red
required by the particular Special Permit for which 2. Existing features to be removed in dashed lines
this application is made (i.e.the Earth Removal 3. Graphic Scales
Special Permit has unique criteria and submittal 4. Date of Plan
requirements.). 5. Title of Plan
6. Names addresses and phone numbers of the
10. PLAN OF LAND applicant, owner of record, and land surveyor.
Each application to the Zoning Board of Appeals shall 7. Locus.
be accompanied by the following described plan. Plans 10 D. Minor Projects
must be submitted with this application to the Town Minor projects,such as decks,sheds,and garages,
Clerks Office and ZBA secretary at least thirty(30)days shall require only the plan information as indicated with
prior to the public hearing before the Zoning Board of an. asterisks(*). In some cases further information may
appeals. be required
A set of building elevation plans by a Registered 11. APPLICATION FILING FEES
Architect may be required when the application
involves new constructionia conversion/and/or a A. Notification fees: Applicant shall provide a
proposed change in use. check or money order to: "Town of North Andover"for
the cost of first class, certified, return receipt x#of
10 A. Major Projects all parties in interest identified in MGLA ch. 40A§11
on the abutter's list for the legal notice check. Also,
Major projects are those,which involve one of the the applicant shall supply first class postage stamps
following whether existing or proposed: for each address listed on the abutter's list, plus an
1)five or more parking spaces, additional 2 for the decision mailing.
II)three(3)or more dwelling units, B. Mailing labels:Applicant shall provide four(4)
M 2000 square feet of building area. sets of mailing labels no larger than 1"x2-518" (3 copies
for the Legal mailing and one copy for the Decision
Major Projects shall require that in addition to the above mailing).
features, plans must show detailed utilities,soils, and C. See 2005 Revised Fee Schedule.
topographic information.
Wff® A Special Permit once granted by the ZBA will
*10. B. *Plan Specifications: lapse in 2(two)years if not exercised and a new
I) Size of plan: Ten(10) paper copies of a plan not petition must be submitted. ad
to exceed 11°x17", preferred scale of 1"=40'
r
,&ORTH
Zoning Bylaw Review Form
Town of North Andover Building Department
" •• ty. 1600 Osgood St. Bldg 20 Suite 2-36
9SSwcHuSEt North Andover, MA. 01845 k- --
Phone 978-688-9545 Fax 978-688-9542
Street: 11 BixbyAvenue
Ma /Lot: 69/2
Applicant: Robert A Stephenson
Request: Requesting.to Legalize Addition. Constructed without
Date: 10 March 2014 Z
Please be advised that after review of your Application and Plans that y
DENIED for the following Zoning Bylaw reasons:
Zoning R-4
Item Notes Item
A Lot Area F Frontage
1 Lot area Insufficient 1 Frontage Insufficir
2 Lot Area Preexisting X 2 Frontage CompliE
3 1 Lot Area Complies 3 Preexisting fronta
4 1 Insufficient Information 4 Insufficient Inforrr
B Use 5 No access over Frontage
1 Allowed X G Contiguous Building Area
2 Not Allowed 1 1 Insufficient Area
3 Use Preexisting 2 1 Complies j
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 i
2 Front Insufficient 2 Complies X
3 Left Side Insufficient 3 Preexisting Height
4 Right Side Insufficient X 4 Insufficient Information
5 Rear Insufficient X I Building Coverage
6 Preexisting setback(s) 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting X
1 Not in Watershed ;( 4 Insufficient information
2 In Watershed J Sign
3 1 Lot prior to 10/24/94 1 Sign not allowed
4 Zone to be Determined 2 Sign Complies NIA
5 Insufficient Information 3 Insufficient Information
E Historic District K Parking
1 In District review required X 1 More Parking Required
2 Not in district 2 Parking Complies X
3 Insufficient Information 3 Insufficient Information
4 Pre-existing Parkin
E
Remedy for the above is checked below.
Item# Special Permits Planning Board Item# Variance
Site Plan Review Special Permit X Setback Variance side and rear
Access other than Frontage Special Permit Parking Variance
Frontage Exce tion Lot Special Permit Lot Area Variance
Common Driveway Special Permit Height Variance
Con re ate Housing Special Permit Variance for Sign
Continuing Care Retirement Special PermitI Special Permits Zoning Board
Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA
Lar a 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 X Special permit for preexisting
nonconforming
Watershed Special Permit
The above review and attached explanation of such is based on the plans and information submitted. No definitive
review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the
applicant serve to provide definitive answers to the above reasons for Any inaccuracies,misleading
information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to
be voided at the discretion of the Building Department.The attached document titled'Plan Review Narrative"shall be
attached hereto and incorporated herein by reference. The building department will retain all plans and documentation
for the a 'I
e.You must file a new permit application form and begin the permitting process.
Building Departmefft Official Signature pp cko Re eived lic tion 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:
Item Reasons for
Reference
Alteration or Extension
A use or structure housing a use,which does not conform to the regulations of this
Bylaw but which did conform to all applicable regulations when initially
established shall not be changed,extended or enlarged except in accordance with
the following provisions:
1. Such change shall be approved by a Special Permit or otherwise by the Board
of Appeals.
2. Such change shall be permitted only upon the same lot occupied by the non-
conforming use on the date that it became non-conforming.
3. Any increase in volume, area, or extent of the non- conforming use shall not
exceed an aggregate of more than twenty five percent(25%) of the original use.
4.No change shall be permitted which tends to lengthen the economic life of the
non-conforming longer than a period reasonable for the amortization of the initial
investment.
Table 2 Summary of Dimensional Requirements
Violation: side setback 7 feet 2 inches, Required 15 feet
Rear setback 11 feet 5 inches ,Required 30 feet
Variance required
C
Referred To:
Fire Health
Police Zoning Board
X Conservation Department of Public Works
X Planning X Historical Commission
Other Building Department
E NORTH
Zoning Bylaw Review Form
p Town of North Andover Building Department
1600 Osgood St. Bldg 20 Suite 2-36
� °Oeno•A",�9
9Ss"`"�5�< North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street: 11 BixbyAvenue
Ma /Lot: 6912
Applicant: Robert A Stephenson
Request: Requesting to Legalize Addition. Constructed without permit
Date: 10 March 2014
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning R-4 r-
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient 1 Frontage Insufficient
2 Lot Area Preexisting X 2 Frontage Complies
3 Lot Area Complies 3 Preexisting frontage X
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed X G Contiguous Building Area
2 1 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 I Building Height
1 All setbacks comply 1 Height Exceeds Maximum
2 Front Insufficient 2 Complies X
3 Left Side Insufficient 3 Preexisting Height
4 Right Side Insufficient X 4 Insufficient Information
5 Rear Insufficient X I Building Coverage
6 Preexisting setback(s) 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting X
1 Not in Watershed _ X 4 insufficient Information
2 In Watershed j Sign
3 Lot prior to 10/24/94 1 1 Sign not allowed
4 Zone to be Determined 2 Sign Complies N/A
5 Insufficient Information 3 Insufficient Information
E Historic District K Parking
1 In District review required X 1 More Parking Required
2 Not in district 2 Parking Complies X
3 Insufficient Information 3 Insufficient Information
4 Pre-existing Parkin
Remedy for the above is checked below.
Item# Special Permits Planning Board Item# Variance
Site Plan Review Special Permit X Setback Variance side and rear
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-Conforming Use ZBA
Lame 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 Si n
R-6 Density Special Permit X Special permit for preexisting
nonconformin
Watershed Special Permit
The above review and attached explanation of such is based on the plans and information submitted. No definitive
review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the
applicant serve to provide definitive answers to the above reasons for Any inaccuracies,misleading
information,or.other subsequent changes to the information submitted by the applicant shall be grounds for this review to
be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be
attached hereto and incorporated herein by reference. The building department will retain all plans and documentation
for the a He.You must file a new permit application form and begin the permitting process.
s �
Building Departme t Official Signature pp'catio Re eivedlic tion Denied
Denial Sent: If Faxed Phone Number/Date:
I
Plan Review Narrative
The following narrative is provided to further explain the reasons for DENIAL for the
APPLICATION for the property indicated on the reverse side:
Item Reasons for
Reference
Alteration or Extension
A use or structure housing a use,which does not conform to the regulations of this
Bylaw but which did conform to all applicable regulations when initially
established shall not be changed,extended or enlarged except in accordance with
the following provisions:
1. Such change shall be approved by a Special Permit or otherwise by the Board
of Appeals.
2. Such change shall be permitted only upon the same lot occupied by the non-
conforming use on the date that it became non-conforming.
3.Any increase in volume, area, or extent of the non- conforming use shall not
exceed an aggregate of more than twenty five percent(25%) of the original use.
4.No change shall be permitted which tends to lengthen the economic life of the
non-conforming longer than a period reasonable for the amortization of the initial
investment.
Table 2 Summary of Dimensional Requirements
Violation: side setback 7 feet 2 inches, Required 15 feet
Rear setback 11 feet 5 inches ,Required 30 feet
Variance required
Referred To:
Fire Health
Police Zoning Board
X Conservation Department of Public Works
X Planning X Historical Commission
Other Building Department
Town of North Andover
ZONING BOARD OF APPEALS
tiORTtj
Albert P.Manzi III,Es-q.Chairman
Ellen P.McIntyre,Vice-Chainnair Auoerate Members
Richard J.Byers,Esq.Clerk p Michael P.Liporto
D.Paul Koch Jr.,Esq. Doug Ludgin
Allan Cuscia ?,Ao.,''y* Deney Morganthal
9SSHCHUSES,( Zoning Enforcement Officer
Gerald A.Brown
Legal Notice
North Andover Board of Appeals
Notice is hereby given that the Board of Appeals will hold a public hearing at the
North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, June
249 2014, at 7:30PM to all parties interested in the petition of Robert A. Stephenson,
for property located at 11 Bixby Avenue (Map 69, Parcel 2), North Andover, MA
01845.
Petitioner is requesting to legalize an addition that was constructed without a permit.
A Variance from Table 2(Dimensional Requirements) is needed for a side and a rear
yard setback of the Zoning Bylaws in the R-4 Zoning District
Side setback proposed is, 7.2, required is 15 feet and rear setback is 11.5, required
30 feet. tS
Application and supporting materials are available for review at the office of the
Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday,
Wednesday and Thursday from the hours of 8:00-400, Tuesday from the hours of
8:00-5:30 and Friday from 8:00 to 11:30
I
By order of the Board of Appeals
Albert P. Manzi III, Esq., Chairman
Published in the Eagle Tribune on:
June 10, 2014
June 17, 2014
A quick summary of events for the variance.
It started 12/18/12 with a house fire. After months of waiting for the insurance
company I was able to start working on the house. I obtained a demo permit and
building permit. There was substantial damage to the first floor interior and
exterior. I replaced the existing porch with the present one in question for the
purpose of a three season porch. The lots are small as you can see on the survey.
The surrounding houses have less set-back than me. The side faces a garage and
the rear faces the back of a house with no windows. So in closing the style and
location of the porch have no detriment to the neighborhood.
Thank you for your time.
i
Abutter to Abutter( ) Building Dept. ( ) Conservation ( X ) Zoning ( )
Town of North Andover
Abutters Listinq
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 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 Property:
MAP PARCEL Name Address
69 2 Robert Stephenson 11 Bixby Avenue,North Andover,MA 01845
Abutters Properties
Mao Parcel Name Address
55 3 Brian Landry 131 Water Street Street,North Andover,MA 01845
55 4-139 Daniel Ostiguy 139 Water Street Street,North Andover,MA 01845
55 4-141 Miguel Castellanos 141 Water Street Street,North Andover,MA 01845
55 10-155 Richard Dicarlo 155 Water Street Street,North Andover,MA 01845
55 10-157 Pamela Bonaiuto 157 Water Street Street,North Andover,MA 01845
55 11 Lisa Vayanos 12 Wiley Court,North Andover,MA 01845
55 12 Paul Damacogno 18 Wiley Court,North Andover,MA 01845
55 13 Joseph Berube 30 Wiley Court,North Andover,MA 01845
55 14 James Short 52 Pleasant Street,North Andover,MA 01845
55 15 Tadeusz Klisiewicz 60 Pleasant Street,North Andover,MA 01845
55 16&17 Justin Lafond 33 Bixby Avenue,North Andover,MA 01845
55 19 Peter Anderson 51 Pleasant Street,North Andover,MA 01845
55 32 Shaughnessy Realty Trust 15 Wiley Court,North Andover,MA 01845
55 33 William Smith 27 Wiley Court,North Andover,MA 01845
55 37 Neal Waldrep 38 Pleasant Street,North Andover,MA 01845
55 38 Michael Suffoletto 44 Pleasant Street,North Andover,MA 01845
55 49 Gerard Mcinerney 142 Water Street,North Andover,MA 01845
55 50,51,&52 Vincent Landers 40 Cuurt Street,North Andover,MA 01845
55 54 Kenneth Young,Jr 7 Wiley Court,North Andover,MA 01845
69 1 RCG North Andover Mills 17 Ivaloo Street,Sommerville,MA 02143
69 2-E North Andover Housing Authority 310 Greene Street,North Andover,MA 01845
69 3 Mark Ratte 20 Chatham Road,Andover,MA 01810
69 4 Louis D'addario 22 Bixby Avenue,North Andover,MA 01845
69 5 James Lundquist 26 Bizby Avenue,North Andover,MA 01845
69 6 Ruey Jing Jean Tang 47 Clarendon Street,North Andover,MA 01845
69 8 855 Realty Trust 73 Chickering Road,North Andover,MA 01845
69 15 Augustine Mcdonald P.O.Box 74,Melvin Village,NH 03850
69 16-32 Juliette Darmon 32 Clarendon Street,North Andover,MA 01845
69 16-34 Scott Leblanc 34 Clarendon,Street,North Andover,MA 01845
69 17 Town of North Andover 120 Main Street,North Andover,MA 01845
69 22 Timothy True 52 Clarendon Street,North Andover,MA 01845
69 32 William Brennan 3 Bixby Avenue,North Andover,MA 01845
69 33 Bixby Realty Trust 61 Elm Street,North Andover,MA 01845
69 34 Stephen Kimball,III 5712 Timber Lake Circle,Sarasota,FL 34243
69 35 Michael Dambach 27 Clarendon Street,North Andover,MA 01845
69 37 Hollis Curtis,Jr. 180 Water Street,North Andover,MA 01845,
69 39 Yvonne George 5 Clarendon Street,North Andover,MA 01845
69 40 Joann Leavittis 178 Water Street,North Andover,MAO 1845
69 41 Yuan Zhang 172 Water Street,North Andover,MA 01845
69 42/166 Dorothy Bailargeon 166 Water Street,North Andover,MA 01845
69 42/168 Cusack Family Trust 168 Water Street,North Andover,MA 01845
69 43 Raymond Torrisi 160 Water Street,North Andover,MA 01845
69 44 Terranova Realty Trust 61 Brentwood Circle,North Andover,MA 01845
69 45 Stephen Mccarthy 330 Campbell Road,North Andover,MA 01845
This certifies that the names appearing on the
records of the AS ssor O ' e as of
3
Certified by: I Date
-
TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS
NAME:
ADDRESS OF APPEAL: Town Clerk Time Stamp
Procedure & Requirements
for an Application for a Variance
Twelve (12) copies of the following information must be STEP 6:SCHEDULING OF HEARING AND
submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE:
Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules
time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal
Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and
The information herein is an abstract of more for publication in the newspaper. The petitioner is
specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the
Rules and Regulations and is not meant to cost of the Party in Interest fee.
supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO
that are underlined NEWSPAPER
The petitioner picks up the legal notice from the Office
STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal
The petitioner applies for a Building Permit and notice to the local newspaper for publication.
receivers a Zoning Bylaw Denial form completed by the
Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be
Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of
i Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the
j required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using
J completed. the information it has received to date.
STEP 3: PLAN PREPARATION: STEP 9: DECISION:
's Petitioner submits all of the required plan information as After the hearing,a copy of the Board's decision will be
cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch.40A§ 17,within twenty (20)days after
The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk.
a certified list of Parties in Interest(abutters).
STEP 10: RECORDING THE DECISION AND PLANS,
STEP 6: SUBMIT APPLICATION: The petitioner is responsible for recording certification of
i Petitioner submits one (1)original and eleven (11)Xerox the decision,the Mylar,and any accompanying plans at
J copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 354
Office to be certified by tate Town Clerk with the time Merrimack St. Suite#304, Lawrence MA,01843 and
and date of filing. The original will be left at the Town shall complete the Certification of Recording form and
Clerk's Office,and the 11 Xerox copies will be left with forward it to the Zoning Board of Appeals and to the
the Zoning Board of Appeals secretary. Building Department
ij
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IMPORTANT PHONE NUMBERS:
Ij 978-688-9533 Office of Community Dev. &Services North Andover Town Hall
1600 Osgood St., Bldg. 20,Suite 2035 120 Main Street
North Andover, MA 01845 978-688-9501 Town Clerk's Office
978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4
PAGE 2OF4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE
1. Petitioner: Name, *Address and telephone number:
6Z '6 Lei
97F -S-n
*The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address, telephone number, and number of years under this
ownership:
d'?
Years Owned Land:.
3. Location of Property:
P rty:
a. Street: *L 6 e-X L ,a c,o. Zoning District: �
b. Assessors: Map numbe . 6 7 Lot Number: a
c. Registry of Deeds: Book Number: Q/'/0 Page Number: 2
4. Zoning Bylaw Section(s)* under which the petition for the Variance is made.
Q
*Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner.
5. Describe the Variance 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,section 9 of this application.Failure by the applicant to describe the request clearly
may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will
not involve additional items not included above.
6A. Difference from Zoning Bylaw requirements: indicate the dimension(s)that will not meet
current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split)
Lot Area Open Space Percentage Lot Frontage
Parking
Sq. S . F
q q t. Coverage Feet Spaces Front Side A Side B Rear
B. %
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North Andover, MA.
,Frank'Olney, Architect
Newton,., MA
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11 Bigby Avenue
North Andover, MA
Frank Olney, Architect
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��y(/��Yg�'��•(�p/ 1 YpYY '�SrYlok�•Det.
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MORTGAGE
INSPECTION
CYR ENGINEERING SERVICES, INC.
234 ESSEX STREET
LAWRENCE, MASSACHUSETTS
MORTGAGOR:
- -- ADDRESS OF PRINCIPLE BUILDING
DEED REFERENCE: BK. PG.
- PLAN REFERENCE: 5B 1Z_
--
DATE OF INSPECTION: /LZ�-y
b
NOTE: This Mortgage inspection was prepared spe-
cifically for mortgage purposes and is not to be
a relied upon as a survey. r Engineering Services,
q, Inc. accepts no responsibility for damages result-
ing from said reliance by anyone other than the
V
saidmortgagee and its assigns in connection with
its proposed mortgage financing to said mortgagor. .
V
CERTIFICATION TO:
o.
23O
1 �o• This Mortgage inspection was prepared in accordance
with the Technical Standards for Mortgage Loan
_„:2(),-3:=. -- '' Inspections as adopted by the Massachusetts Associa-
tion of Land Surveyors and Civil Engineers, Inc.
I FURTHER STATE THAT IN MY PROFESSIONAL
OPINION the principle structure/s and accessory
outbuildings, -CGMpar'7 1✓HN Y6Rt S Rut�> fi ;
with the setback requirements of the local zoning or-
dinances, and that there are no encroachments of
major improvements either way across property lines
.SH OF M�ss� except as shown.
� C�4RIES sN
E ALSO:
® 1. Property is not in a Flood Hazard Area.
�4,f,c�sr�R�o4- ❑ 2. Property is in a Flood Hazard Area.
S ❑ 3. Information is insufficient to determine Flood
Hazard.
Scale: _._-----------------
Date of Plan: I_IL)/)5Mn� 9;-, /9M Flood Hazard determined from latest Federal
Flood Insurance Rate Map.
JQHI`T L �SPEPHENSON and RUTH E. STEPHENSON, husnaridC`and wife., both
Q/ r ,
'.�
Of ''North Andover, Essexcio
County, Massachusetts. i..
in consideration of $55,000.00 paid,
grant to ROBERT A. STEPHENSON and DEBORAH. A. STEPHENSON, husband and wife,
as tenants by the entirety,
of 11 Bixby Avenue, North Andover,
husetts with quitclaim rDiIETt22TitS
A certairi`parcel of lard with the buildings thereon situated`in';:North Andover,
Essex County, Massachusetts, shown as lot. number 22 on a plan entitled "Plan
of Land of Village Land Company (Pllan X ) .Located in North Andover, Mass.",,
dated February 1968, Pembroke Land Survey Co. , recorded with Essex North District
Registry of Deeds as Plan No. 5882 on April 22 1968 and bounded and described
g ry Pr' ,
follows:
SOUTHEASTERLY by Bixby Avenue, sixty and no/100 (60.00) feet;
SOUTHWESTERLY by Lot #21, as shown on said plan, seventy-eight and
68/100 (78..68-) ,feet;
NORTHWESTERLY by land shown on said plan as of George A. & Ida Fellows
sixty an- no/100 (60.00) -.feet; and
NORTHEASTERLY by Lot #23, as shown on said;plan,. seventy-eight and 41/
Ln 100 (78.41) feet.;
co
H Containing 4,713 Square feet, more or less, according to said plan.
Being-,the sante premises conveyed„to. the grantors herein by deed of A1?IHUR...W.
REYhTOLD�SCHARLES..P. R2NiMER, JR., AND RALPH G. BOYD,' Trustees of Village Land
Company; u%d/t 'dated January 8, _194? recorded at Look,li2l, Page 286, f
4#
A,a a s a `a,�pp a a" r yy , m f a.6 . �.n• cz` ![n 3E
l I
.. � `
06
W ddb•.+ _.-� �� WF •, �; .'Mw'a+,�j!.�o�'� - ` -
Q Executed as a sealed instrument this 27th day of February 19 86
JOHN L. STEPHENSON
RUTH E. STE
- _ — zhB (907.btITmonfucalth of SsIt.Cjuutts
a
ESSEX SS. February 27 !9 86
Plfl-
Then pe sonapy appeared the above named JOHN' L. SITEPiiaiSCiii AN—L,
and acknowledged the,foregoing instrument to be a ct de
Before c r
Notary Public
' My cpmmission expires a 99
i t ,
I
Page 3 of 4 .
NORTH ANDOVER ZONING BOARD OF APPEALS application for a v,r RIANCE
6
B. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
6 C. Proposed Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
6 D. Required Lot: (As required by Zoning Bylaw&Table 2
)
Lot.Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
7A. Existing Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq.feet Building` of Units*
"Reference Uses from the Zoning Bylaw&Table 1. 'State number of units in building(s).
7B. Proposed Building(s)-
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq.feet Building` of Units"
*Reference Uses from the Zoning Bylaw&Table 1.
"State number of units in building(s).
8. Petitioner and Landowner signature(s):
Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every
application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. The dated copy of this application received by the Town 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.
Sign re:Type above names here: ,rt
4
PAGE 4 OF 4 VARIANCE
9. WRITTEN DOCUMENTATION *10. B.*Plan Specifications:
Application for a Variance must be supported by a t) Size of plan: Ten(10)paper copies of a plan not
legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"=40'
detail all facts relied upon. When requesting a Variance H) One(1)Mylar,with one block for Registry Use
from the requirements of MGLA ch.40A,Sec. 10.4 and Only, and one block for five(5)ZBA signatures&date.
the North Andover Zoning By-laws, all dimensional tIt) Plan shall be prepared,stamped and certified by
requirements shall be clearly identified and factually a Registered Professional Land Surveyor. Please
supported.. All points,A-F,are required to be note that plans by a Registered Professional Engineer,
addressed With this application. Registered Architect, and/or a Registered Landscape
Architect may be required for Major Projects.
A. The particular use proposed for the land or *10 C. *Required Features On Plan;
structure. 1) Site Orientation shall include:
B. The circumstances relating to soil conditions,shape 1. north point
or topography of such land or structures especially 2. zoning district(s)
affecting the property for which the Variance is 3. names of streets
sought which do not affect generally the zoning 4. wetlands(if applicable)
district in which the property is located. 5. abutters of property,within 300'radius
C. Facts which make up the substantial hardship, 6. locations of buildings on adjacent properties
financial or otherwise,which results from literal within 50'from applicants proposed structure
enforcement of the applicable zoning restrictions 7. deed restrictions, easements.
with respect to the land or building for which the In Legend&Graphic Aids shall include:
variance is sought. 1. Proposed features in solid lines&outlined in red
D. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed lines
sought will be desirable and without substantial 3. Graphic Scales
detriment to the public good. 4. Date of Plan
E. Facts relied upon to support a finding that relief 5. Title of Plan
sought may be given without nullifying or 6. Names addresses and phone numbers of the
substantially derogating from the intent or purpose applicant, owner or record, and land surveyor.
of the Ordinance. 7. Locus
F. Submit RDA from Conservation Commission when 10 D. Minor Projects
Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds,and garages,
application. shall require only the plan information as indicated with
an. asterisk(*). In some cases further information may
10. PLAN OF LAND be required.
Each application to the Zoning Board of Appeals shall
be accompanied by the following described pian. Plans 11. APPLICATION FILING FEES
must be submitted with this application to the Town 11.A. Notification fees: Applicant shall provide a
Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: "Town of North Andover"for
prior to the public hearing before the Zoning Board of the cost of first class, certified, return receipt x#of
appeals. all parties in interest identified in MGLA ch. 40A§11
on the abutter's list for the legal notice check. Also,
A set of building;elevation plans by a Registered the applicant shall supply first class postage stamps
Architect may be required when the application for each address listed on the abutter's list, plus an
involves new construction/conversion/and/or a additional 2 for the decision mailing.
Proposed change in use. 11. 8. Mailing labels:Applicant shall provide four(4)
sets of mailing labels no larger than 1"x2-5/8" (3 copies
10. A. Major Projects for the Legal, and one copy for the Decision mailing).
Major projects are those,which involve one of the 11. C. Applicant shall provide a check or money order
following whether existing or proposed: to: Town of North Andover"per 2005 Revised Fee
1)five(5) or more parking spaces, Schedule.
Mthree
(3) or more dwelling units, 0- A Variance once granted by the ZBA will lapse in2,000 Square feet of building area. 1 (one)year if not exercised and a new petition must
Major Projects shall require,that in addition to the 10B& be submitted.-
10C features,that the plans show detailed utilities, soils,
and topographic information.
LA
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or
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1
I
pC� C� L� � dC�
JUN 18 2014
June 16, 2014
BOARD OF APPEALS
Albert P. Manzi III, Esq. Chairman
Town of North Andover
Zoning Board of Appeals
120 Main Street
North Andover, MA 01845
RE: 11 Bixby Avenue (Map 69, Parcel 2)
Dear Sir,
My name is Lisa Vayanos and I am the owner of 10-12 Wiley Court,the rear abutter of this property. I
am unable to attend the hearing scheduled for June 24th because of a prior work commitment, so I am
sending this letter instead. Although I am not asking that Mr.Stephenson be required to tear down his
addition,on my behalf, I am going to ask that if he is allowed to keep it up that he be required to plant
some type of shrubbery,or put up a fence along the rear of his property as a privacy barrier. We were
pretty close to begin with and now with this addition he is right on top of me. I would like to be able to
enjoy my back porch.
Thank you.
Sincerely,
Lisa Vayanos
I
i
NORTry
Zoning Bylaw Review Form
p Town of North Andover Building Department
1600 Osgood St. Bldg 20 Suite 2-36
9SSACHUSEt North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street: 11 BixbyAvenue
Ma /Lot: 69/2
Applicant: Robert A Stephenson
Request: Requesting to Legalize Addition. Constructed without permit
Date: 10 March 2014
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning R-4
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient 1 Frontage Insufficient
2 Lot Area Preexisting X 2 Frontage Complies
3 Lot Area Complies 3 1 Preexisting frontage X
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed X G Contiguous Building Area
9 9
2 Not Allowed 1 Insufficient Area
3 Use Preexisting 2 Complies
4 1 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 1 Complies X
3 Left Side Insufficient 3 1 Preexisting Height
4 Right Side Insufficient X 4 Insufficient Information
5 Rear Insufficient X I Building Coverage
6 Preexisting setback(s) 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting X
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 N/A
5 Insufficient Information 3 Insufficient Information
E Historic District K Parking
1 In District review required X 1 1 More Parking Required
2 Not in district 2 Parking Complies X
3 Insufficient Information 3 Insufficient Informption
4 Pre-existing Parkin
Remedy for the above is checked below.
Item# Special Permits Planning Board Item# Variance
Site Plan Review Special Permit X Setback Variance side and rear
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 S ecial Permit Non-ConformingUse 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 X Special permit for preexisting
nonconforming
Watershed Special Permit
The above review and attached explanation of such is based on the plans and information submitted. No definitive
review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the
applicant serve to provide definitive answers to the above reasons for Any inaccuracies, misleading
information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to
be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be
attached hereto and incorporated herein by reference. The building department will retain all plans and documentation
for 7theele.You must file a new permit application form and begin the permitting process.
Dig/,/O//,�/
Building Departme t Official Signature pp'catio Re eived lic tion 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:
Item Reasons for
Reference
Alteration or Extension
A use or structure housing a use, which does not conform to the regulations of this
Bylaw but which did conform to all applicable regulations when initially
established shall not be changed, extended or enlarged except in accordance with
the following provisions:
1. Such change shall be approved by a Special Permit or otherwise by the Board
of Appeals.
2. Such change shall be permitted only upon the same lot occupied by the non-
conforming use on the date that it became non-conforming.
3. Any increase in volume, area, or extent of the non- conforming use shall not
exceed an aggregate of more than twenty five percent(25%) of the original use.
4.No change shall be permitted which tends to lengthen the economic life of the
non-conforming longer than a period reasonable for the amortization of the initial
investment.
Table 2 Summary of Dimensional Requirements
Violation: side setback 7 feet 2 inches, Required 15 feet
Rear setback 11 feet 5 inches ,Required 30 feet
Variance required
Referred To:
Fire Health
Police Zoning Board
X Conservation Department of Public Works
X Planning X Historical Commission
Other Building Department
Town of North Andover Town Clerk Time Stamp
ZONING BOARD OF APPEALS
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Date c,,,.2
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 Ebiq constraints for the North
Andover Zoning Board of Appeals to make a decision regarding the granting of a
Variance -
Special Permit
Comprehensive Permit(40B)
Finding
For property located at:
STREET:
MAP: 69- PARCEL: �-
TOWN: North Andover, MA ®1 845
TO MEETING DATE(S) .� -Z
NAME OF PETITIONER: !
SIGNED:
Petitioner(or petitioner's representative)
Q - North Andover Massachusetts 01845
1600 Osgood Street,Building 20 Suite 2035,
Phone-978-688-9541 Fax-978-688-9542 Web-wrww.townofnorthandover.com
Town of North Andover
ZONING BOARD OF APPEALS
NORTH
Albert P.Manzi III,Esq.Chairman
Ellen P.McIntyre,Vice-Chairman 3� a.. ° oc Associate Members
Richard J.Byers,Esq.Clerk A Michael P.Liporto
D.Paul Koch Jr.,Esq. * ; r Doug Ludgin
Allan Cuscia Deney Morganthal
SSACHUZoning Enforcement Officer
Gerald A.Brown
Legal Notice
North Andover Board of Appeals
Notice is hereby given that the Board of Appeals will hold a public hearing at the
North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, August
125 2014, at 7:30PM to all parties interested in the petition of Robert A. Stephenson,
for property located at 11 Bixby Avenue (Map 69, Parcel 2), North Andover, MA
01845.
A Special Permit from Sections 9.2 of the Zoning Bylaws, Alteration and Extensions
is needed for a pre-existing non-conforming lot in the R-4 Zoning District.
Application and supporting materials are available for review at the office of the
Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday,
Wednesday and Thursday from the hours of 8:00-400, Tuesday from the hours of
8:00-5:30 and Friday from 8:00 to 11:30
By order of the Board of Appeals
Albert P. Manzi III, Esq., Chairman
NORTH ANDOVER BOARD OF
-� APPEALS
Notice is hereby given that the
NORTH ANDOVER BOARD OF Board of Appeals will,hold a public
r APPEALS hearing at the North Andover Town
Notice is hereby given that the Hall, 120 Main Street, North An-
Board of Appeals will hold a public clover, MA on Tuesday, August 12,
Published in the Eagle Tribune on: hearing at the North Andover Town 2614, at 7:30 PM to all parties in-
July 29, 2014 Hall, 120 Main Street, North An- terested in the petition of Robert A. l
dover, MA on Tuesday, August 12, Stephenson,for property located at
August 5, 2014 2014, at 7:30 PM to all parties in- 11 Bixby Avenue(Map 69, Parcel
terested in the petition of Robert A. 2),North Andover,MA 01845.
Stephenson,for property located at A Special Permit from Sections i
11 Bixby Avenue (Map 69, Parcel 9.2 of the Zoning Bylaws,Alteration
i2),North Andover,MA 01845. and Extensions is needed for a pre-
A Special Permit from Sections existing non-conforming lot in the
9.2 of the Zoning Bylaws,Alteration R-4 Zoning District.
and Extensions is needed for a pre- Application and supporting ma-
existing non-conforming lot in the terials are available for review at the
R-4 Zoning District. office of the Zoning Department lo-
Application and supporting ma- cated at 1600 Osgood Street,North i
terials are available for review at the Andover, MA, Monday, Wednesday I
office of'the Zoning Department Io- and Thursday from the hours of ,i
cated at 1600 Osgood Street,North 8:00-400, Tuesday from the hours I
Andover, MA, Monday, Wednesday of 8:00-5:30 and Friday from 8:00 1
and Thursday from the hours of to 11:30 1
8:00-400, Tuesday from the hours By order of the Board of Appeals 1
of 8:00-5:30 and Friday from 8:00 Albert P.Manzi III,Esq.,Chairman i
to 11:30 ET-7/29,8/5/14 i
By order of the Board of Appeals
Albert P.Manzi III,Esq.,Chairman I
ET-7/29,8/5/14
pC @ � � dC
JUS! 1 Ili
June 16, 2014
BOARD OF APPEALS
Albert P. Manzi III, Esq. Chairman
Town of North Andover
Zoning Board of Appeals
120 Main Street
North Andover, MA 01845
RE: 11 Bixby Avenue (Map 69, Parcel 2)
Dear Sir,
My name is Lisa Vayanos and I am the owner of 10-12 Wiley Court,the rear abutter of this property.
am unable to attend the hearing scheduled for June 24th because of a prior work commitment, so I am
sending this letter instead. Although I am not asking that Mr.Stephenson be required to tear down his
addition, on my behalf, I am going to ask that if he is allowed to keep it up that he be required to plant
some type of shrubbery,or put up a fence along the rear of his property as a privacy barrier. We were
pretty close to begin with and now with this addition he is right on top of me. I would like to be able to
enjoy my back porch.
Thank you.
Sincerely,
Lisa Vayanos
Town of North Andover
ZONING BOARD OF APPEALS
ORT1�
p
.Albert P.Manzi 111,Esq.Chednman of�►% Eo Atio
Ellen P.McIntyre,Vice-Cbainman 3? "�''' '' ° °t Associate Members
Richard J.Byers,Esq.Clerk o A Michael P.Liporto
D.Paul Koch Jr.,Esq. Doug Ludgin
Allan Cuscia 4NgAT.o ' Deney Morganthal
�'(5
�9SSNc1H4 Zonrng Enforcement Officer
Gerald A.Brown
Legal Notice
North Andover Board of Appeals
Notice is hereby given that the Board of Appeals will hold a public hearing at the
North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, June
24, 2014 at 7:30PM to all parties interested in thepetition of Robert A. Stephenson,
for property located at 11 Bixby Avenue (Map 69, Parcel 2), North Andover, MA
01845.
Petitioner is requesting to legalize an addition that was constructed without a permit.
A Variance from Table 2(Dimensional Requirements) is needed for a side and a rear
yard setback of the Zoning Bylaws in the R-4 Zoning District /5
Side setback proposed is, 7.2, required is 15 feet and rear setback is 11.5, required'
I
3 0 feet.
Application and supporting materials are available for review at the office of the
Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday,
Wednesday and Thursday from the hours of 8:00-400, Tuesday from the hours of
8:00-5:30 and Friday from 8:00 to 11:30
By order of the Board of Appeals NORTH ANDOVER
Albert P. Manzi I11, Esq., Chairman 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 Andover,
MA on Tuesday, June 24, 2014, at
7.30PM to all parties interested in the
petition of Robert A. Stephenson,
Published in the Eagle Tribune on: for property located at 11 Blxby Av-
enue(Map 69,Parcel 2),North An
June 10, 2014 dover,MA 01645.
Petitioner is requesting to legal-
L�3m(OYC:LC N�6)Er�L NU 0LNICE
¢ rnto°=T4 a E" °y m E ize an addition that was constructed
CL►- a m z m o a- without a permit. A Variance from
L c E;:; m ea y N c 0 le 2 Dimensional Requirements)I,
rn. mm¢NmLxo NU6/m —N c;E• � ¢L Tab
¢ > am z .2 c=` 3 r 2 r m � is needed for a side and a rear yard
WQ CV O « _ p�0 16700 �N..%O>t6�mO oV
>Ill m o r N =o= > m m m°m o' ° a Q setback of the Zoning Bylaws in the
Ona.•rnL¢z°m c y 1 m m> r rn n o°-'-,o p v i m `m R-4 Zoning District.
C — C.- 0 cow 0 o d is 7".2,,
Z a> ; °y ¢ m._ n:m — °a m= req Side
15 feet and rear setback
iD C� 3 c ° tT0 P P
aLLmm°�''ra�i�a� 6'r 'oa �am`caCOi'oE m v
=O`m z in m a v a "E.N N NO ami`�'—°o O ° _�c is 11".�5,required if 30 feet.
HCL 6)0 0 0.0 O�gmn 1 0 m° . 0 `k On
°C¢y a�o y— —`O� °Q o o s o a L0-�o> o a j °21Z Application and supporting ma=
O a•-¢ g� co m" E- o,n h m m r g A iu o terials are available for review at the
z 0 d w m o i-o o a)m¢o�0 o v o c m•- m- E a d office of the Zoning Department lo
-
mUOON c0.��• O..NUYCG�•°an-OOi6m000�. North
-
o?.� o a.-°--�-t ' o o m a >L r,> cated at 1600 Osgo ad SWednesday
C�O 00m Co0NON:O Vie,01 a)�OHS
Z 0 R— o~M>>a 0 L—(D a in o�¢Rom•°a�m¢ i Andover, MA, Mond y,
Mm t z r�a°6�i v N 3 y y ac m- :?o ci6,a m° w and Thursday from the hours of 8:00
}5 11
:3o
_.. •• - �m..y__n.,...,��.•. - _... _ - --- � Eiy Ordef OT the dOljlu u.r,F+}.cuia,mac
Albert P.Manzi III,Esq.,
Chairman
ET-6/10,6/17/14
Abutter to Abutter( ) Building Dept. ( ) Conservation ( X ) Zoning ( )
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 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 Property:
MAP PARCEL Name Address
69 2 Robert Stephenson 11 Bixby Avenue,North Andover,MA 01845
Abutters Properties
Map Parcel Name Address
55 3 Brian Landry 131 Water Street Street,North Andover,MA 01845
55 4-139 Daniel Ostiguy 139 Water Street Street,North Andover,MA 01845
55 4-141 Miguel Castellanos 141 Water Street Street,North Andover,MA 01845
55 10-155 Richard Dicarlo 155 Water Street Street,North Andover,MA 01845
55 10-157 Pamela Bonaiuto 157 Water Street Street,North Andover,MA 01845
55 11 Lisa Vayanos 12 Wiley Court,North Andover,MA 01845
55 12 Paul Damacogno 18 Wiley Court,North Andover,MA 01845
55 13 Joseph Berube 30 Wiley Court,North Andover,MA 01845
55 14 James Short 52 Pleasant Street,North Andover,MA 01845
55 15 Tadeusz Klisiewicz 60 Pleasant Street,North Andover,MA 01845
55 16&17 Justin Lafond 33 Bixby Avenue,North Andover,MA 01845
55 19 Peter Anderson 51 Pleasant Street,North Andover,MA 01845
55 32 Shaughnessy Realty Trust 15 Wiley Court,North Andover,MA 01845
55 33 William Smith 27 Wiley Court,North Andover,MA 01845
55 37 Neal Waldrep 38 Pleasant Street,North Andover,MA 01845
55 38 Michael Suffoletto 44 Pleasant Street,North Andover,MA 01845
55 49 Gerard Mcinerney 142 Water Street,North Andover,MA 01845
55 50,51,&52 Vincent Landers 40 Cuurt Street,North Andover,MA 01845
55 54 Kenneth Young,Jr 7 Wiley Court,North Andover,MA 01845
69 1 RCG North Andover Mills 17 Ivaloo Street,Sommerville,MA 02143
69 2-E North Andover Housing Authority 310 Greene Street,North Andover,MA 01845
69 3 Mark Ratte 20 Chatham Road,Andover,MA 01810
69 4 Louis D'addario 22 Bixby Avenue,North Andover,MA 01845
69 5 James Lundquist 26 Bixby Avenue,North Andover,MA 01845
69 6 Ruey Jing Jean Tang 47 Clarendon Street,North Andover,MA 01845
69 8 855 Realty Trust 73 Chickering Road,North Andover,MA 01845
69 15 Augustine Mcdonald P.O.Box 74,Melvin Village,NH 03850
69 16-32 Juliette Darmon 32 Clarendon Street,North Andover,MA 01845
69 16-34 Scott Leblanc 34 Clarendon,Street,North Andover,MA 01845
69 17 Town of North Andover 120 Main Street,North Andover,MA 01845
69 22 Timothy True 52 Clarendon Street,North Andover,MA 01845
69 32 William Brennan 3 Bixby Avenue,North Andover,MA 01845
69 33 Bixby Realty Trust 61 Elm Street,North Andover,MA 01845
69 34 Stephen Kimball,III 5712 Timber Lake Circle,Sarasota,FL 34243
69 35 Michael Dambach 27 Clarendon Street,North Andover,MA 01845
69 37 Hollis Curtis,Jr. 180 Water Street,North Andover,MA 01845,
69 39 Yvonne George 5 Clarendon Street,North Andover,MA 01845
69 40 Joann Leavittis 178 Water Street,North Andover,MA 01845
69 41 Yuan Zhang 172 Water Street,North Andover,MA 01845
69 42/166 Dorothy Bailargeon 166 Water Street,North Andover,MA 01845
69 42/168 Cusack Family Trust 168 Water Street,North Andover,MA 01845
69 43 Raymond Tornsi 160 Water Street,North Andover,MA 01845
69 44 Terranova Realty Trust 61 Brentwood Circle,North Andover,MA 01845
69 45 Stephen Mccarthy 330 Campbell Road,North Andover,MA 01845
This certifies that the names appearing an the
records of the Ass sor ice as of
= 3
certified by: flats
:'l..%" UO
all
We,"r'J013I�1 L STEP SON and RUTH S STEPHEIVSON, husband'and wife, th
• .
Of, 'Nor-th Andover, Essex County, Massachusett's < .;
in consideration of $55,000.Q0' paid,
grant to ROBERT A. STEPHENSON and DEBORAH A. STEPHENSON, husband and wife,'
: as tenants by the entirety,
..
of 11 Bixbyvenue North 'Ando v er
Y , with qbtItr12lllit ta�7EY'Cfxxtt5
®� chusetts
A cent `parcel .of lard with'the buildings thereon situated'in:;,North Andover,
Essex County, Massachusetts, shown as lot. rrumber 22 on a plan entitled "Plan
of Land"of:Village Land Canpany (Pll.an X ) .Located in North Andover, Mass.",
dated February 1968, Pembroke Land Survey Co. , recorded with Essex North District
Registry of Keds as Plan No.' 5882 on April 22,1968, and bounded and described
follows;
SOUTEEASTERLY by Bixby Avenue, sixty and no/100 (60.00) feet;
SOU2HWESTERLY by Lot #21, as shown on said plan, seventy-eight and
68/100 (78,.68-) feet;
NORTHWESTERLY by land shown on said plan as of George A. & Ida Fellaws
- sixty ani no/100 (60.00) ;feet; and
NORTHEASTERLY by Lot #2,3, as shown on said;plan,. seventy-eight and 41/
,n x.00 (78.41) feet.;
o Containing 4,713 Square feet, more or less, according to said plan.
Being.....the same premises conveyed.to. the grantors herein by deed of ARTHUR.AT.
:REYNOLDS,, :CHARLES.,P. RIMER, JR., AND RALPH G. SOYD;',Trustees of`village Land
Company; u/d/t dated January 8, _19 6 ,grecorded at Look;1121, Page 286,
° s I. ! 9 .,a•... .mow 1a u�--
`� .tea +. .+ .a... ;>..�, i..v. F't �. p ,r•• g .a 4
Z �i ►: ' Gf10
S t.Y,6l:.r..r�LY{7,'
.. � �._ •�:. ��*'•iii,!tl !. M1._' T. 'Jr",A �`
Executed as a sealed instrument this I 27th t day of February 19 86-
STEPHENSON
RUTH. E. STEPHEN,9M !
Q
77
wToe Cgoxttravn�=U4 of Wasear4untts
ESSEX
SS. February 27 19 86
Then personally appeared the above named JOHN L. S Eli-Ea4saii ppm .��'<
and acknowledged th4,:'foregoing instrument to be a ct de /
11
: Before c
Po -Y
Notary Public .
My commission expires
l II
1
A quick summary of events for the variance.
It started 12/18/12 with a house fire. After months of waiting for the insurance
company I was able to start working on the house. I obtained a demo permit and
building permit. There was substantial damage to the first floor interior and i
exterior. I replaced the existing porch with the present one in question for the
purpose of a three season porch. The lots are small as you can see on the survey.
The surrounding houses have less set-back than me. The side faces a garage and
the rear faces the back of a house with no windows. So in closing the style and
location of the porch have no detriment to the neighborhood.
Thank you for your time.
I .
I A �•
TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS
NAME:
ADDRESS OF APPEAL: Town Clerk Time Stamp
i Procedure & Requirements
for an Application for a Variance
Twelve(12) copies of the following information must be STEP 6:SCHEDULING OF HEARING AND
submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE:
Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules
time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal
Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and
The information herein is an abstract of more for publication in the newspaper. The petitioner is
specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the
Rules and Regulations and is not meant to cost of the Party in Interest fee.
supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO
that are underlined I NEWSPAPER
The petitioner picks up the legal notice from the Office
STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal
The petitioner applies for a Building Permit and notice to the local newspaper for publication.
receivers a Zoning Bylaw Denial form completed by the
Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be
Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of
Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the
required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using
completed.. the information it has received to date.
STEP 3: PLAN PREPARATION: STEP 9: DECISION:
Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be
Cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch. 40A§ 17,within twenty (20)days after
The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk.
a certified list of Parties in Interest(abutters).
STEP 10: RECORDING THE DECISION AND PLANS,
STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of
Petitioner submits one(1)original and eleven 11 Xerox the decision,the Mylar,and any accompanying plans at
( )
copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 354
Office to be certified by the Town Clerk with the time Merrimack St. Suite#304, Lawrence MA, 01843 and
and date of filing. The original will be left at the Town shall complete the Certification of Recording form and
Clerk's Office,and the 11 Xerox'copies will be left with forward it to the Zoning Board of Appeals and to the
the Zoning Board of Appeals secretary. Building Department
i Ye3�cae�i�i��3#ear �• .�eYc�:�l9�` �YtF`� s�L�r�:t�::sfs�3��htiYt '1^�;s���ae7:�e�st�i�.' �tiriaa6c�sCx�'ru�c,9�Yi+�►ys;,
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. &Services North Andover Town Hall
1600 Osgood St., Bldg.20,Suite 2035 120 Main Street
North Andover, MA 01845 978-688-9501 Town Clerk's Office
978-688-9542 fax for Community Development offices 978-688'9566 Assessor's Office
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4
I
i
1
PAGE 2OF4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E
1. Petitioner: *Name, *Address and telephone number:
_R ti iL7" S 2521Y�,^J 511,J
*The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address, telephone number, and number of years under this
ownership:
?7
Years Owned Land:. g
3. Location of Property:
a. Street: 1 c.X�, „ Avim. Zoning District: 2 tz
b. Assessors: Map numbe . 6 j Lot Number: a
c. Registry of Deeds: Book Number: al yo Page Number: .2 :3' f
4. Zoning Bylaw Section(s)* under which the petition for the Variance is made.
L
*Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner.
5. Describe the Variance 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,section 9 of this application.Failure by the applicant to describe the request clearly
may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will
not involve additional items not included above.
6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet
current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split)
Lot Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A' % �. '� z
B.
I
A quick summary of events for the variance.
It started 12/18/12 with a house fire. After months of waiting for the insurance
company I was able to start working on the house. I obtained a demo permit and
building permit. There was substantial damage to the first floor interior and
exterior. I replaced the existing porch with the present one in question for the
purpose of a three season porch. The lots are small as you can see on the survey.
The surrounding houses have less set-back than me. The side faces a garage and
the rear faces the back of a house with no windows. So in closing the style and
location of the porch have no detriment to the neighborhood.
Thank you for your time.
"ORT"
" Zoning Bylaw Review Form
° ' _ p Town of North Andover Building Department
1600 Osgood St. Bldg 20 Suite 2-36
3"SS,C"°5��� North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street: 11 BixbyAvenue
Ma /Lot: 69/2
Applicant: Robert A Stephenson
Request: Requesting to Legalize Addition. Constructed without permit
Date: 10 March 2014 -
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning R-4
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient 1 Frontage Insufficient
2 Lot Area Preexisting X 2 Frontage Complies
3 Lot Area Complies 3 1 Preexisting frontage X
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed X G Contiguous Building Area
2 Not Allowed 1 Insufficient Area
3 Use Preexisting 2 Complies
4 Special Permit Required 3 Preexisting CBA X
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply 1 1 Height Exceeds Maximum
2 Front Insufficient 2 Complies X
3 Left Side Insufficient 3 Preexisting Height
4 Right Side Insufficient X 4 Insufficient Information
5 1 Rear Insufficient X I Building Coverage
6 Preexisting setback(s) 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting X
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 9 p NIA
5 Insufficient Information 3 Insufficient Information
E Historic District K Parking
1 In District review required X 1 More Parking Required
2 Not in district 2 Parkin Complies 9 P X
3 Insufficient Information 3 Insufficient Information
7_41_F�r_e_-existing Parkin
Remedy for the above is checked below.
Item# Special Permits Planning Board Item# Variance
Site Plan Review Special Permit X Setback Variance side and rear
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 I Variance for Sign
Continuing Care Retirement Special Permit Special Permits Zoning Board
Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA
Lar a 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 X Special permit for preexisting
nonconforming
Watershed Special Permit
The above review and attached explanation of such is based on the plans and information submitted. No definitive
review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the
applicant serve to provide definitive answers to the above reasons for Any inaccuracies, misleading
information,or.other subsequent changes to the information submitted by the applicant shall be grounds for this review to
be voided at the discretion of the Building Department.The attached document titled'Plan Review Narrative"shall be
attached hereto and incorporated herein by reference. The building department will retain all plans and documentation
for the a 'le.You must file a new permit application form and begin the permitting process.
` D
Building Departme t Official Signature pp'catio Re 6eivedlic tion 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:
:Item Reasons for
Reference
Alteration or Extension
A use or structure housing a use,which does not conform to the regulations of this
Bylaw but which did conform to all applicable regulations when initially
established shall not be changed, extended or enlarged except in accordance with
the following provisions:
1. Such change shall be approved by a Special Permit or otherwise by the Board
of Appeals.
2. Such change shall be permitted only upon the same lot occupied by the non-
conforming use on the date that it became non-conforming.
3. Any increase in volume, area, or extent of the non- conforming use shall not
exceed an aggregate of more than twenty five percent(25%)of the original use.
4.No change shall be permitted which tends to lengthen the economic life of the
non-conforming longer than a period reasonable for the amortization of the initial
investment.
i
Table 2 Summary of Dimensional Requirements
Violation: side setback 7 feet 2 inches, Required 15 feet
Rear setback 11 feet 5 inches ,Required 30 feet
Variance required
Referred To:
Fire Health
Police Zoning Board
X Conservation Department of Public Works
X Planning X Historical Commission
Other Building Department
1 ^
NORTIJ
Zoning Bylaw Review Form
A Town of North Andover 'uilding Department
1600 Osgood St. Bldg 20 Suite 2-36
4Ss ""SES North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9 42
Street: 11 BixbyAvenue
Ma /Lot: 69/2
Applicant: Robert A Stephenson
Request: Requesting to Le' alize Addition. onstructed without permit
Date: 10 March 2014
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning R-4
Item Notes Item Notes
A I Lot Area F Frontage
1 Lot area Insufficient 1 Frontage Insufficient
2 Lot Area Preexisting X 2 Frontage Complies
3 Lot Area Complies 3 1 Preexisting frontage X
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed X G Contiguous Building Area
2 Not Allowed 1 Insufficient Area
3 Use Preexisting 2 Complies
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 3 Preexisting Height
4 Right Side Insufficient X 4 Insufficient Information
5 Rear Insufficient X I Building Coverage
6 Preexisting setback(s) 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting X
1 Not in Watershed X 4 Insufficient Information
2 In Watershed j Sign
3 1 Lot prior to 10/24/94 1 Sign not allowed
4 Zone to be Determined 2 Sign Complies N/A
5 Insufficient Information 3 Insufficient Information
E Historic District K Parking
1 In District review required X 1 More Parking Required
2 Not in district 2 Parking Complies X
3 Insufficient Information 3 Insufficient Information
4 Pre-existing Parkin
Remedy for the above is checked below.
Item# Special Permits Planning Board Item# Variance
Site Plan Review Special Permit X Setback Variance side and rear
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-Conforming Use ZBA
Large Estate Condo Special Permit Earth Removal Special Permit ZBA
Planned Development District Special Permit Special Permit Use not Listed but Similar
Planned Residential Special Permit Special Permit for Sign
R-6 Density Special Permit X Special permit for preexisting
nonconforming
Watershed Special Permit
The above review and attached explanation of such is based on the plans and information submitted. No definitive
review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the
applicant serve to provide definitive answers to the above reasons for Any inaccuracies, misleading
information,or.other subsequent changes to the information submitted by the applicant shall be grounds for this review to
be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be
attached hereto and incorporated herein by reference. The building department will retain all plans and documentation
for Zthee 'le.You must file a new permit application form and begin the permitting process.
19Buepartme t Official Signature 4picZatlif/R4eeived. lic tion 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:
Atem Reasons for
Reference
Alteration or Extension
A use or structure housing;a use,which does not conform to the regulations of this
Bylaw but which did conform to all applicable regulations when initially
established shall not be changed, extended or enlarged except in accordance with
the following provisions:
1. Such change shall be approved by a Special Permit or otherwise by the Board
of Appeals.
2. Such change shall be permitted only upon the same lot occupied by the non-
conforming use on the date that it became non-conforming.
3.Any increase in volume, area, or extent of the non- conforming use shall not
exceed an aggregate of more than twenty five percent(25%) of the original use.
4.No change shall be permitted which tends to lengthen the economic life of the
non-conforming longer than a period reasonable for the amortization of the initial
investment.
Table 2 Summary of Dimensional Requirements
Violation: side setback 7 feet 2 inches, Required 15 feet
Rear setback 11 feet 5 inches ,Required 30 feet
Variance required
U
Referred To:
Fire Health
Police Zoning Board
X Conservation Department of Public Works
X Planning X Historical Commission
Other Building Department
TOWN OF NORTH ANDOVER
APPLICATION FOR PLAN EXAMINATION
Permit NO: Date Received b /
Date Issued:
IMPORTANT:Applicant must complete all items on this page
_:.. LOCATION
Print
PROPERTY OWNER_.&, •2 c S e 1{�z�✓S��
I
Print 100 Year Old Structure yes no
MAP NO: PARCEL: ZONING DISTRICT: Historic District yes no
Machine Shop Village . es no
TYPE OF IMPROVEMENT PROPOSED USE
Residential Non- Residential
❑ New Building fYbne family
PrAddition ❑Two or more family ❑ Industrial
❑Alteration No. of units: ❑ Commercial
❑ Repair, replacement ❑Assessory Bldg ❑ Others:
❑ Demolition ❑ Other
❑ Septic ❑Well 0 Floodplain ❑Wetlands ❑ Watershed District
eWater/Sewer
DESCRIPTION OF WORK TO BE PERFORMED:
1 d W6 %lirt ri� .sei i9Sa,-� 1,0 4'L e Ae,
�' +� t✓ �z C 1! r� x o7 c J
Identification Please Type or Print Clearly)
OWNER: Name: 5 �« rsaA✓ Phone: g76 J4 S aF,7
Address: R ..✓� �� �.drq
CONTRACTOR Name: Ro_L d/,1 Phone: ���_.�r�.7 /o G G
Address:
Supervisor's Construction License: C.5-� 0 f/ 3. ._� Exp. Date: 6S/O d am? c 5�
Home Improvement License: /VG 7 3 Exp.
Date: S i.a Idols,
ARCHITECT/ENGINEER Phone:
Address: Reg. No.
FEE SCHEDULE:BULDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F.
Total Project Cost: $ dy/d Oy FEE: $
Check No.: Receipt No.:
NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund
Signature of Agent/Owner Signature of contractor 4�
Plans Submitted LJ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑
i
Plans Submitted-❑ Plans-Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑
TYPE.OF=SEWERAGE:DISPDSAL
Public Sewer Tanning/Massage/Body Art ❑ .. Swimming Pools ❑
Well ❑ _ Tobacco.Sales ❑
Food Packaging/Sales ❑
Private(septic tank, etc._ ❑ -- ._Permanent Dumpster on Site ❑
THE FOLLOWING SECTIONS FOR-OFFICE USE ONLY
INTERDEPARTMENTAL SIGN OFF - U FORM
DATE REJECTED DATE.APPROVED
PLANNING & DEVELOPMENT` ❑ ❑
COMMENTS
i
i
.CONSERVATION Reviewed on Signature
I
COMMENTS
HEALTH Reviewed on Signature
COMMENTS
Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes
Planning Board Decision: Comments
Conservation Decision: Comments
Water & Sewer ConnectioniS_ignature& Date Driveway Permit
DPW Tow;! Engineer: Signature:
Located 384 Osgood Street
FIRE DEPARTMENT =-Temp Durnpster onsite yes no
Located at 124Mair,Street-- `'
-Fire Depar`trne►jf-signature/date: , t r
COMMENTS
S!AE HENSON and RUTH E STlaPHEINSON; hu,barid'and wife., both
f
:
of 'North Andover, Essex County,Massachusetts.,, .;
in consideration of $55,000.0.0• paidC(D
,''
grant to ROBERT A. STEPHENSON and DEBORAH A. STEPHENSON,. husband and wife,
as tenants by the entirety,
of 11 Bixby Avenue, North -Andover, with gttitclaTnt rLAIBT[Uld53
husetts
A certain parcel .of la=nd with the buildings .thereon situated: in':North Andover,
Essex County, Massachusetts, shown as lot:rjumber 22 on a plan entitled "Plan
of .Lgndl of village Land Company (Pllan X ) .Located in North Andover, Mass.
dated February 1968, Pembroke Land Survey Co. , recorded with Essex North District
Registry of Deeds as Plan No. 5882 on April 22,1968, and bounded and described
follows:
SOUTHEASTERLY by Bixby Avenue, sixty and no/100 (60.00) feet;
SOUTHWESTERLY by Lot #21, as shown on said plan, seventy-eight and
68/100 (78..6.8-) feet;'
NORTHWESTERLY by land shown on said plan as of George A. & Ida Fellows
sixty ani' no/100 (60.00) ;feet; and
NOR'R ASTERLY by Lot #23, as shown on said:plan, seventy-eight and 41/
L0 100 (78.41) feet.;
00
o Containing 4,713 Square feet, more or less, according to said plan.
Being-the saw premises conveyed,,to. the grantors herein by deed of ARTHUR-TAT.
uFvtJr�r:nG, :Q—MRL,ES..P. RIMMER, JR. , AND RALPH G. SOYD;'•Trustees of'Village Land ..
. . Company; _u%d/t-dated January 8, _19:6$ , recorded at Look;1121, Page 286.
a
�'' �y ° - .i ate+•.
1500M
a riiiaf
7 (1M.
Executed as a sealed instrument this 27th day of February 19 86-
L.
STEPHENSONr
to
E. STEPHENSON
E (�oxstnto�ealt setts
w II II of waa
• w .
ESSEX. ss. February 27 E9 86
P0
'hen personally appeared the above named JOHN L. STEPHE4SON MD. .1UTH E. ._-.'Tiv'P.TT_EN7SC!\?
and acknowledged th4,foregoing instrument to- be a ct de /
Before +
�. Noiary Public .
° My cpmmission expires 19
t: C�2 a�
MORTGAGE
INSPECTION
CYR ENGINEERING SERVICES, INC.
234 ESSEX STREET
LAWRENCE, MASSACHUSETTS
MORTGAGOR:
--- - ---- ADDRESS OF PRINCIPLE BUILDING
__--- -- - - ---
/y0/P77_/ 4ND(I VEA
DEED REFERENCE: BK. ii z f --PG
- - PLAN REFERENCE: �U. 2.. - -._.
DATE OF INSPECTION: I1 -Zl-
^� �< NO f call his Mortgage inspection was prepared spe-
cifically for mortgage purposes and is not to be
a" relied upon as a survey.Cyr Engineering Services,
Inc. accepts no responsibility for damages result-
ing from said reliance by anyone other than the
( �, 'o_ Q mortgagee assigns connection with
y �. G / said and its in
its proposed mortgage financing to said mortgagor.
X713:- = <
CERTIFICATION TO:
o'00 \, This Mortgage inspection was prepared in accordance
with the Technical Standards for Mortgage Loan
Inspections as adopted by the Massachusetts Associa-
tion of Land Surveyors and Civil Engineers, Inc.
I FURTHER STATE THAT IN MY PROFESSIONAL
OPINION the principle structure/s and accessory
outbuildings, COM,�F:'i'7 b NEN l)At C i P.* L7;
/// with the setback requirements of the local zoning or-
dinances, and that there are no encroachments of
major improvements either way across property lines
ZH tlF Mn except as shown.
�s�
ALSO:
0 1. Property is not in a Flood Hazard Area.
❑ 2. Property is in a Flood Hazard Area.
O suR\1 ❑ 3. Information is insufficient to determine Flood
Hazard.
Scale: = Z
Date of Plan: /'�J1/ , /9��i Flood Hazard determined from latest Federal
Flood Insurance Rate Map.
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3= •.r R • Zoning Bylaw Denial
Town Of North Andover Building Department
400 Osgood St. North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street:
Ma /Lot:
Applicant*----
Re uest: 'p
Date:
Please be advise h a r review of your Application and Plans that your Application is
DENIED for the foil owing Zoning Bylaw reasons:
Zoning - I,/
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient 1 Frontage Insufficient
2 Lot Area Preexisting 2 Frontage Complies
3 Lot Area Complies 3 1 Preexisting frontage
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed G Contiguous Building Area
2 Not Allowed 1 Insufficient Area
3 1 Use Preexisting 2 Complies
4 Special Permit Required 3 Preexisting CBA
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply 1 Hei ht Exceeds Maximum
2 Front Insufficient 2 Complies
3 Left Side Insufficient 3 Preexisting Height
4 Right Side Insufficient 4 . Insufficient Information
5 Rear Insufficient I Building Coverage
6 Preexisting setbacks 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
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 I Historic District K Parking
1 In District review required 1 More Parking Required
2 Not in district 2 Parking Complies
3 Insufficient Information 3 Insufficient Information
4 Pre-existing Parkin
Remedy for the above is checked below.
Item# I Special Permits Planning Board Item# Variance
Site Plan Review Special Permit Setback Variance � 4 r
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 I Variance for Sign
Continuing Care Retirement Special Permit Special Permits Zoning Board
Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA
Lar a 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 DensitV Special Permit Special Permit preexisting nonconforming
Watershed Special Permit
The above review and attached explanation of such is based on the plans and information submitted. No definitive review
and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant
serve to provide definitive tive answers to the above re
asons 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 Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and
incorporated herein by reference. The building department will retain all plans and documentation for the above file.You
must file a new building permit application form and begin the permitting process.
Building Department Official Signature Application Received Application 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/
permit for the property indicated on the reverse side:
i
Item Reasons for Denial
Reference
to 6 g
G
�P r-d-4-A
Referred To:
Fire Health
Police Zoning Board
Conservation Department of Public Works
Planning Historical Commission
Other BUILDING DEPT
19.2 ,alteration or Extension
f P,Ilse or structure housing a use, which does not conform to the regulations of this Bylaw but which
did conform to all applicable regulations when initially established shall not be changed, extended'or
enlarged except in accordance with the following provisions: i
1. Such change shall be approved by a Special Permit or otherwise by the Board of Appeals.
2. Such change shall be permitted only upon the same lot oGGUpled by the n6f1-Conforming use on the
date that it became non-conforming.
I Any increase in volume, area, or extent of the non- conforming use shall not exceed an aggregate
of more than twenty five percent(25%)of the original use.
4. No change shall be permitted which tends to lengthen the economic life of the non-conformin
I
longer than a period reasonable for the amortization of the initial investment. g
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3= •,+`" Zoning Bylaw Denial .;
f 9
Town Of North Andover Building Department
400 Osgood St. North Andover MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street:
Ma /Lot:
Applicant: F
Request:
Date:
Please be advise h a t r review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning
Item Notes Item Notes
;. A Lot Area F Frontage
1 Lot area Insufficient 1 Frontage Insufficient
2 Lot Area Preexisting 2 Frontage Complies
3 Lot Area Complies 3 Preexisting fronts e
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed G Contiguous Building Area
2 Not Allowed 1 I Insufficient Area
3 Use Pre xisting 2 1 Complies
4 Special Permit Required 3 Preexisting CBA
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height t
1 All setbacks comply 1 Hei ht Exceeds Maximum-
2 Front Insufficient 2 Complies
3 Left Side Insufficient 3 Preexisting Height .
4 Right Side Insufficient 4 . Insufficient Information
5 Rear Insufficient I Building Coverage
6 Pr existing setback(s)
1 Coverage
exceeds maximum
7 Insufficient Information 2 1 Coverage Complies
D Watershed 3 Coverage Preexisting
1 Not in Watershed 4 Insufficient Information
2 In Watershed j Sign
3 Lot prior to 10/24/94 1 Sign not allowed
4 Zone to be Determined2 Sign Complies
5 Insufficient Information 3 Insufficient Information
E Historic District K Parking
1 In District review re uired 1 More Parkinq Re uired
2 Not in district 2 Parking Complies
3 Insufficient Information 3 Insufficient Information
4 Prim existing Parkin
Remedy for the above is checked below.
Item# S ecial Permits PlanningBoard Item# Variance
Site Plan Review Special Permit Setback Variance 7/` ,Q
Access other than Frontage Special Permit Parkin Variance
Fronta a Exception Lot Special Permit Lot Area Variance
Common DrivewaySpecial Permit Height Variance
Congregate HousingSpecial Permit Variance for Sign
Continuing Care Retirement Special Permit S ecial Permits ZoningBoard
Inde endent Elderl Housin S ecial Permit S ecial Permit Non-ConformingUse ZBA
Lar a Estate Condo Special Permit Earth Removal Special Permit ZBA
Planned Develo ment District S ecial Permit S ecial Permit Use not Listed but Similar
Planned Residential Special Permit S ecial Permit for sign
R-6 Density Special Permit Special Permit Dreexisting nonconforming
Watershed Special Permit
The above review and attached explanation of such is based on the plans and information submitted. No definitive review
and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant
serve to provide definitive answers to the above reasons for 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 Building Department.The attached document titled'Plan Review Narrative"shall be attached hereto and
incorporated herein by reference. The building department will retain all plans and documentation for the above file.You.
must file a new building permit application form and begin the permitting process.
Building Department Official Signature Application Received Application 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/
permit for the property indicated on the reverse side:
i
hte'in` Reaso00"Mi
LReference .
b
9.2 Alteration or Extension
�f or structure housing a use,which does not conform to the regulations of this Bylaw but which
✓'"did conform to all applicable regulations when initially established shall not be changed, extende or
enlarged except in accordance with the following provisions:
1. Such change shall be approved by a Special Permit or otherwise by the Board of Appeals.
2. Such change shall be permitted only upon the same lot occupied by the non-conforming use on the
date that it became non-conforming.
3. Any increase in volume, area, or extent of the non- conforming use shall not exceed an aggregate j
of more than twenty five percent(25%)of the original use.
4. No change shall be permitted which tends to lengthen the economic life of the non-conforming
longer than a period reasonable for the amortization of the initial investment.
lD.dAfiC1-1 s/WE .Sf
ce-4A6--e
Y
r
Referred To:
Fire Health
Police Zoninq Board
Conservation De artment of Public Works
Planning Historical Commission
Other BUILDING DEPT
Dimension
Number of Stories: Total square feet of floor area, based on Exterior dimensions._
.Total land area, sq. ft.:
ELECTRICAL: Movement of Meter location, mast or service drop requires approval of
.Electrical Inspector Yes No
DANGER ZONE LITERATURE: Yes No
MGL-Chapter 166 Section 21A-F and G min.$100-$1000.fine
NOTES and DATA— For department use
I
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® Notified for pickup - Date
Doc.Building Permit Revised 2010
Building Department
The foli'owmg is-a list of the required forms to be filled out for the appropriate permit to be obtained.
Roofing, Siding, Interior Rehabilitation Permits
❑ Building Permit Application
❑ Workers Comp Affidavit
❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses
❑ Copy of Contract
❑ Floor Plan Or Proposed Interior Work
❑ Engineering Affidavits for Engineered products
NOTE: All dumpster.permits require sign off from Fire-Department prior to issuance of Bldg Permit
Addition Or Decks
❑ Building Permit Application
❑ Certified Surveyed Plot Plan
❑ Workers Comp Affidavit
❑ Photo Copy of H.I.C. And C.S.L. Licenses
❑ Copy Of Contract
❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And
Hydraulic Calculations (If Applicable)
❑ Mass check Energy Compliance Report (If Applicable)
❑ Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
New Construction (Single and Two Family)
❑ Building Permit Application
❑ Certified Proposed Plot Plan
❑ Photo of H.I.C. And C.S.L. Licenses
❑ Workers Comp Affidavit
❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And
Hydraulic Calculations (If Applicable)
❑ Copy of Contract
❑ Mass check Energy Compliance Report
❑ Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals
that the apn,al period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording
must be subm.+ted with the building application
Doc: Doc.Building permit Revised 2012
4
Page 3 of 4 .
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E
6 B. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A-171 �0
6 C. Proposed Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
6 D. Required Lot: (As required by Zoning Bylaw&Table 2)
Lot.Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
7A. Existing Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq.feet Building* of Units**
*Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s).
7B. Proposed Building(s):
Ground Floor Number of Height Total Use of Number
Square feet . Floors Sq.feet Building* of Units**
*Reference Uses from the Zoning Bylaw&Table 1.
**State number of units in building(s).
8. Petitioner and Landowner signature(s):
Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every
application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. The dated copy of this application received by the Town 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. �`--
Type above names here: n.l Z r,✓ (j{r?&]"' �`� �l.C',��✓��
PAGE 4 OF 4 VARIANCE �.
9. WRITTEN DOCUMENTATION *10. B.*Plan Specifications:
Application for a Variance must be supported by a I) Size of plan: Ten(10)paper copies of a plan not
legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"=40'
detail all facts relied upon. When requesting a Variance II) One(1)Mylar,with one block for Registry Use �
from the requirements of MGLA ch.40A,Sec. 10.4 and Only,and one block for five(5)ZBA signatures&date.
the North Andover Zoning By-laws, all dimensional M Plan shall be prepared,stamped and certified by
requirements shall be clearly identified and factually a Registered Professional Land Surveyor. Please
supported.. All points,A-F,are required to be note that plans by a Registered Professional Engineer,
addressed with this application. Registered Architect, and/or a Registered Landscape
Architect may be required for Major Projects.
A. The particular use proposed for the land or *10 C. *Required Features On Plan:
structure• Site Orientation shall include:
B. The circumstances relating to soil conditions,shape 1) north point
or topography of such land or structures especially 2. zoning district(s)
affecting the property for which the Variance is 3, names of streets
sought which do not affect generally the zoning 4. wetlands(if applicable)
district in which the property is located. 5. abutters of property,within 300' radius
C. Facts which make up the substantial hardship, 6. locations of buildings on adjacent properties
financial or otherwise,which results from literal within 50'from applicants proposed structure
enforcement of the applicable zoning restrictions 7. deed restrictions, easements.
with respect to the land or building for which the II) Legend&Graphic Aids shall include:
variance is sought. 1. Proposed features in solid lines&outlined in red
D. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed lines
sought will be desirable and without substantial 3. Graphic Scales
detriment to the public good. 4. Date of Plan
E.. Facts relied upon to support a finding that relief 5. Title of Plan
sought may be given without nullifying or 6. Names addresses and phone numbers of the
substantially derogating from the intent or purpose applicant, owner or record, and land surveyor.
of the Ordinance. 7. Locus
F. Submit RDA from Conservation Commission when 10 D. Minor Projects
Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds,and garages,
application. shall require only the plan information as indicated with
an. asterisk(*). In some cases further information may
10. PLAN OF LAND be required.
Each application to the Zoning Board of Appeals shall
be accompanied by the following described plan. Plans 11. APPLICATION FILING FEES
must be submitted with this application to the Town 11.A. Notification fees: Applicant shall provide a
Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: "Town of North Andover"for
prior to the public hearing before the Zoning Board of the cost of first class, certified, return receipt x#of
appeals. all parties in interest identified in MGLA ch. 40A§11
on the abutter's list for the legal notice check. Also,
A set of building elevation plans by a Registered the applicant shall supply first class postage stamps
Architect may be required when the application for each address listed on the abutter's list, plus an
involves new construction/conversion/and/or a additional 2 for the decision mailing.
proposed change in use. 11. 8. Mailing labels:Applicant shall provide four(4)
sets of mailing labels no larger than 1"x2-5/8"(3 copies
10.A. Major Projects for the Legal, and one copy for the Decision mailing). ;.•I
Major projects are those,which involve one of the 11. C. Applicant shall provide a check or money order
following whether existing or proposed: to: "Town of North Andover"per 2005 Revised Fee
n five(5) or more parking spaces, Schedule.
II)three(3) or more dwelling units,
III)2,000 square feet of building area. No- A Variance once granted by the ZBA will lapse in
1 (one)year if not exercised and a new petition must
Major Projects shall require,that in addition to the 10B& be submitted.-
10C features, that the plans show detailed utilities,soils,
and topographic information.
Town of North Andover Town Clerk Time Stamp
ZONING BOARD OF APPEALS
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TOWN OF NORTH ANDOVER—ZONING BOARD OF APPEALS
CERTIFICATION PURSUANT TO G.L.c. 39, SECTION 23D OF PARTICIPATION
IN A SESSION OF AN ADJUDICATORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A
SINGLE HEARING SESSION
[Note: Can only be used for missing one single hearing session; cannot be used for missing more than one hearing
session.]
1, j C_ua_s 3- 1 I�-(Le),hereby certify as follows:
1. I am a member of said board.
2. 1 missed a hearing session on the matter of !/ arc
Jor 7T& ✓�hs� which was held on
y cTLLAI 02,0
3. I reviewed all the evidence introduced at the hearing session I missed, which included a review of(initial
which one(s)are applicable):
a. audio recording of the missed hearing session;
b. / video recording of the missed hearing session;
C. ✓ a transcript of the missed hearing session.
This certification shall become apart of the record of the proceedings in the above matter.
Signed this d- day of Ayuj 2a 1/l/
Received as part of the record of the above matter:
Date:
By: 6't -Position:
�/x1 awf
1600 Osgood Street,Building 20-Suite 2035,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com