HomeMy WebLinkAboutMiscellaneous - 114 ACADEMY ROAD 4/30/2018 (2) 114 ACADEMY ROAD
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MORIN
M,�•.^.. Zoning Bylaw Denial
:
Town Of North Andover Building Department
._. 400 Osgood St North Andover,NLA.01845
Phos 9784W*_9646 Fax 973.6811.9641
Souest
11
M 96/35
William Barret
4 Unit Condo conversionD1-2 4-0 6our myon is
Please be advised that after review of your Application and Plans that y Appl
DENIED for the following Zoning Bylaw reasons:
Zoning R-3 Notes
Item Notes Item
A Lot Area F Fronl&V
1 Lot area Insufficient 1 Fro a Insufficient
2 Lot Area Preexisti 2 Fro a Com Is
3 Lot Area Complies 3 P frontage
e
4 Insufficient Information 4 Insufficient Information
B u" 5 No access over Frontage
1 Allowed G Contiguous Building Area
2 Not Allowed 1 Insufficient Area
3 Use Preexisting * c2 Com ias
4 S at Permit Required yes 3 Preexisti CBA
5 Insufficient Information 4 Insufficient Information
C Setback H Building H�
1 All setbacks corn 1 M Exceeds Maximum
2 Front Insufficient 2 1 Com res
3 Left Side Insufficient3 Preexisti He' ht
4 Right Side Insufficient 4 Insufficient Information
5 Rear Insufficient ( Building Coverage
6 Preexisting setback(s) 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverso Com les
D Watersh6d ' 3 Coverage Preexisting
1 Not in Watershed 4 EftnComplies
nt InformaE12
2 In Watershed J
3 Lot 'or to 10/24194 1 all
4 Zone to be Determined 2 6 Insufficient Information 3 nt Informa
E Historic Distract K Parking
1 In District review required yes 1 More Parking Required
2 Not in district 2 Parki I Com les
3 Insufficient Information 1 3 Insufficient Information
4 Pro-existing P8ffing
Rernedy for the above is checked below.
Item is I Special Permits Planning Board Item s Variance
B 41 Site Plan Review Spccial Permit Setback Variance
Aocess other than Frontage SwjW Permit Parldng Variance
Frontane Eymptim Lot SpwAal Permit Lot Area Variance
Common Drivemay Special Permit Height Vananoe
CongEogete Homing Spemal Permit Variance for SWn
Continuing Care Retiremad Special Permit Special Permits Zoning Board
I dent Elderly Housm 3 ' Permit Special Permit Non-Conforming Use ZBA
Large Estate Condo Special Permit Earth Removal Special Permit ZBA
Planned Deveigmwnt District Special Permit speclai Permit Use not Listed but Similar
Planned Residential Special Permit Permit for Sign
R-6 Permit B 4 Special Permit preindsting nonconforming-
Watershed Special Permit
The above review and ettaoW spieneim of war is b=W an tlr gra and i danolim afnraed. No dafrtiw review and
or advice Ghat be based m vwW Grpier I by ft a1 1-I nor dug such verbd eeI l I' by tan appk=t.rev.b
Pry dWinbw smarts bt o dine m mr for DENIAL Any inwavacw misMedY 91M 00 .a adrer subsequent
IWO to Ur iewmidmo siadsed byes appecerA diet bs geode(er this review b be voided d tln dieudion al the
BWWft DWwtw-t rhe Asciml dourmrd Ned-PW Review WWW 90 be db&W lura.and b=paabd herein
by nlnsrwe.The iri ftq I p I will Min r piens rd douenweeaon for ft abm ft.You nevi Ne•new bu*ft .
Prmil 1A*WrW fano aqd bean on P is Peon
Building
Department Official Signature Aplihcation`Recaived Application Denied
Flan Kevievr Narrative
The following narrethre Is provided to further explain the reasons for denial for the application/
permit for the property Indkelted on the reverse side:
NM
B-4 Town of North Andover Zoning Bylaw Section 9,
Permit -nr a re-existing,
non-conforming structure or use is re aired through
G
ASite Plan Review Special Permit is required through
the Planning Board for any structure over 2000 sq. ft.
or 5 or more Parking spaces.
Refen To:
Fire Health
Police x Zoning Board
C Mervaum DepwUnod of Public Works
}{
Planning Historicsfi Commission
prow BUILDING DEPT
.......r, Town of North Andover Town Clerk Time Stamp
Office of the Zoning Board of Appeals
Community Development and Services DiviskA RECEIVED
0FF11rF
400 Osgood Street
North Andover,Massachusetts 01845 2006 JAN 18 All 10: 51
Gerald A.Brown Telephone (978)688-9541
Inspector of Buildings Fax (978)688-9542
L)
Legal Notice
North Andover, Board of Appeals
Notice is hereby given that the North Andover Zoning Board of Appeals Will hold a
public hearing at the top floor of Town Hall, 120 Main Street,North Andover,MA on
Tuesday the 14th of February, 2006 at 7:30 PM to all parties interested in the appeal of
Colonial Village Development Corp. d/b/a William Barrett Homes, 1049 Turnpike
Street for premises at: 114 Academy Road (Map 96 Parcel 35),North Andover
requesting a Special Permit from Section 9, Paragraph 9.2 of the Zoning Bylaw in order
to extend a pre-existing, non-conforming two-family residential structure by converting
the structure to a four-family residential structure, by building an addition to the existing
structure, and by building a detached 4-car garage.
Said premise affected is property with frontage on the East side of Academy Road within
the R-3 zoning district.
Plans are available for review at the office of the Building Department, 400 Osgood
Street,North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM.
By order of the Board of Appeals
Ellen P. McIntyre, Chair
Published in the Eagle-Tribune on January 23 & 30, 2006.
Legalnotice 2006-003.
M96P35.
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Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Heafth978-688-9540 Plarming97"98-9535
N�RTM i
..., Town of North Andover Town Clerk Time Stamp
Office of the Zoning Board of Appeals
F
Community Development and Services Division RECEIVED
,' ' TQWw! CLERK'S OFFICE
400 Osgood Street
North Andover,Massachusetts 01845 2006 FEB 28 Ptd 4: 23
Gerald A. Brown Telephone (978)688-9541
Inspector of Buildings Fax (978)688-9542 TOWN i
NORTH AV,.Dnv1:,r,
MASSACIY;1 o!:I rs
Any appeal shall be Sled within Notice of Decision
(20)days after the date of filing Year 2006
of this notice in the office of the
Town Clerk,per Mass. Gen.L.ch.
40A, §17 Proat: 114 Academy Road
NAME: Colonial Village Development Corp. HEARING(S): February 14,2006
d/b/a William Barrett Homes, 1049
Turnpike Street
ADDRESS: 114 Academy Road PETITION: 2005-018
North Andover,MA 01845 TYPING DATE: February 17,2006
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,February 14,
2006 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street,North Andover,Massachusetts
upon the application of Colonial Village Development Corp.d/b/a William Barrett Homes, 1049
Turnpike Street for premises at: 114 Academy Road(Map 96 Parcel 35),North Andover requesting a
Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing,non-
conforming two-family residential structure by converting the structure to a four-family residential
structure,by building an addition to the existing structure,and by building a detached 4-car garage. Said
premise affected is property with frontage on the East side of Academy Road within the R-3 zoning district.
Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a
newspaper of general circulation in the Town of North Andover,on January 23 8t 30,2006.
The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,
Albert P.Manzi,III,and David R. Webster.
The following non-voting members were present: Thomas D. Ippolito,Richard M. Vaillancourt,and
Daniel S.Braese.
Upon a motion by Richard M. Vaillancourt and 2nd by Daniel S.Braese,the Board voted to GRANT the
applicant's request that the Special Permit petition be WITHDRAWN WITHOUT PREJUDICE. Voting
in favor:Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and David R.
Webster.
Town of North Andover
Board of Appeals,
V
Ellen P.McIntyre,Chair
Decision 2006-003.
M96P35.
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978688-9535
Jan 10 06 09:'"1'6a' ' ' IyORTH ANDOVER 9786889542 p. 5
i
(eTOWN OF NORTH ANDOVER SPECIAL PERMIToQ �-�f� .
'JA !2 'Pi, . 52
ZONING BOARD OF APPEALS
NAME ''` ,
ADDRESS OF APPEAL �� �rKTmeS' p
Procedure & Requirements for
an Application for a Special
Permit
Ten (1o) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND
submitted thirty U 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 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 STEP 9: DECISION:
cited in Section 10 page 4 of this form.
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.
STEP 5: SUBMIT APPLICATION:
Petitioner submits one (1) original and 10 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 any accompanying plans at the
to be certified by the Town Clerk with the time and date
of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds. 381 Common
Office, and the 10 Xerox copies will be left with the St., Lawrence MA, and shall complete the Certification:
Zoning Board of Appeals secretary. of Recording form and foRAiard it to the Zoning Board of
Appeals and the Building Department..
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. &Services North Andover Town Hall
400 Osgood Street 120 Main Street
North Andover, MA 01845 North Andover, MA 01845
978-688-9542 fax for all Community Development offices
D 2 978-688-9545 Building Department 978-688-9501 Town Clerk's Office
LK 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office
PAGE 1 of 4
JAN 1 2 2006
BOARD OF APPEALS
PAGE,2 OF 4 Date&Time
; i
i
Stamp
"North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT
Please complete all items 1 -10 below:
1. Petitioner: *Name, *Address and telephone number:
Colonial Village Development Corp. d/b/a William Barrett Homes
1049 Turnpike Street, North Andover, MA 01845 978 682 2320
*The petitioner shall be entered cn the legal rotice and the decision as entered above.
2. Owners of Land: Name, Address, telephone number and number of years under this
ownership:
Same as above.
Years Owned Land: acquired 10-03-05
3. Location of Property:
a. Street: 114 Academy Road Zoning District: R 3
b. Assessors: Map Number 96 Lot Number: 35
* c. Registry of Deeds: Book Number 9806 Page Number: 52
* attached
4. Zoning Bylaw Section(s) under which the petition for the Special Permit is made.
Sortinng Nonconforming Uses, Subsection 9.2 Alteration or Extension
'Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner.
5. Describe the Special Permit request:
The Petitioner hereby requests a special permit under Section 9.2 of the Zoning By-Laws,
Town of North Andover, last amended May 2004,to permit the conversion of the pre-existin ,
lawfully nonconforming use of the existing two-family residential structure located at
114 Academy Road into a four-family residential structure and any other zoning relief .
as may be required under Section 9 of the By-Laws.
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.
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
Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
61 .51 8fl % 17.7-32 _4+ 2 g�3 -1-9-$- 99 269
6B. Proposed Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
o/a
61 .518 % 177-32 8_�`— 99, _15_.$ 9
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
2 5:60 0 NA NA % 195 _-9*' 3p3A—
* 4 spaces outside
7A. Existing.Building(s): 4 spaces under cover
Grcurd Floor Number of Total Use of Number
Square feet Floors Sq. fee! Building` of Units"
2572 3 5397 Two-Family Dwelling 2—_
'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^
2678 3 6419* Multi-Family Dwelling 4
"Reference Uses from the Zoning Bylaws&Table 1.
* Ground Floor Addition 106' "State number of units in building.
First Floor Addition 458'
Sec9nd Floor pig dition .458'
8. Petitioner anCl 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
application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish aii supporting
documentation w'th 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 dismis y t e Zon` Board of this application as incomplete.
Sianature
Type above name(s) here William Barrett; President of
Colonial Village Development Corp.
Jan 10 OG 09: 17a NORTH ANDOVER 9786889542 P. 8
PAGE 4 OF 4 SPECIAL PERMIT
9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications:
Application for a Special Permit must be supported by a A 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 Special ll) One(1) Mylar.
Permit from the requirements of MGLA ch.40A, and the W) Plan prepared by a Registered Professional
North Andover Zoning By-laws, all dimensional Engineer and/or Land.Surveyor,with a block for
requirements shall be clearly identified and factually five (5) ZBA signatures and date indicated on the
supported. All points, 1-6, are required to be Mylar.
addressed with this application. *10 C. *Features To Be Included On Plan:
r) 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. II)Legend& Graphic Aids:
6. Specific reference and response to thegcriteria 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 or record, and designer or
surveyor.
Each application to the Zoning Board of Appeals shall
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,
Clerk's 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 construction/a conversion/and/or a A. Notification fees:Applicant shall provide a
proposed change in use. check or money order to: "Town of North Andover-
#022-1760-4841"for the cost of first class, certified,
10 A. Major Projects return receipt (34.42 as of November 2003) x#of all
parties in interest identified in MGH ch. 40A §11 on the
Major projects are those which involve one of the abutter's list for the legal notice check. Also, the
following whether existing or proposed: applicant shall.supply first class postage stamps
I) five or more parking spaces, (currently 37¢) x the#of parties of interest on the
II)three (3) or more dwelling units, abutter's list for the decision mailing.
Y11) 2000 square feet of building area. B. Mailing labels:Applicant shall provide four(4)
sets of mailing labels no larger than 1"x2-5/8" (3 copies
Major Projects shall require that in addition to the above for the Legal mailing and one copy for the Decision
features, plans must show detailed utilities, soils, and mailing).
topographic information.
C. See 2005 Revised Fee Schedule.
A Special Permit once granted by the ZBA
will lapse in 2 (two) years if not exercised and a new
petition must be submitted. E-E-FE-
i
o�",°:T",•.r Town of North Andover _. Town Clerk Time Stamp
° Office of the Zoning Board of Appeals
Ph
CEIVED
Community Development and Services Dry�.S � -�ICC
400 Osgood street
North Andover, Massachusetts 01845 2006 FEB 16 PM (: 00
Gerald A. Brown, Telephone (978)688-941 '
Fax (978)688-1542 -I O�16;a OF.
Inspector of Buildings (
MASS ACHUi z , .}
i
Date U A r�00
TO: Town of North Andover
Zoning Board of Appeals
400 Osgood Street
North Andover MA 01845
Please be advised that I wish to withdraw my
Vari
pecial Permit
omprehensive Permit (40B)
Finding
petition without prejudice from the North Andover Zoning Board of Appeals agenda for
property located at:
STREET: l KS
MAP: � PARCEL: 3
TOWN: A (I` y
NAME OF PETITIONER: L�d i✓ — y/G li �e�� C� f
Signed:
Petitioner(or petitioner's representative)
Withdmw
FEB 2 - �I
2006 1
t3oard of_Appzals 978-688-9541 Buildiug 97&6,"95.45 Conservation 978-688-9530 Ileahh 971R-(,88-9,540 Planning 973-683-9535
BOARD OF APPEALS
■■■
■■■
■■■
NORTH ANDOVER HISTORICAL SOCIETY
January 9, 2006
Ms.Ellen P. McIntyre, Chair
Town of North Andover Zoning Board of Appeals
400 Osgood Street
North Andover,MA 01845
Dear Ms.McIntyre,
At the January 8a'annual meeting of the North Andover Historical Society,the membership of the
Historical Society voted unanimously to approve the following statement for your information.
Historical Society Voices Opposition To Potential Precedent Threatening the
Historic Character of the Old Center
A proposal has been made that the historic 1820 Hobart Clark house in the Old Center at
114 Academy Road be converted from a single family having one interior rental
apartment into four condominiums. The house is located in a single family R-3 zoning
district and is also in the Old Center Historic District. The North Andover Historical
Society believes that the proposed, and perhaps precedent setting changes, which would
build out the center of the house at 114 Academy Road, would considerably change the
historic facade and character of the house. Additionally, allowing the four condominiums
would change the character of this historic neighborhood. Hence the North Andover
Historical Society opposes the conversion of the house into four condominiums and
opposes any external changes to the existing property.
One of the purposes of the North Andover Historical Society is "preserving places of
historic interest"to maintain the historic character of this New England town. Academy
Road is one of the most historic roads in North Andover and in the Merrimack Valley
area. The properties on or adjacent to Academy Road include the 1752 Philips Manse, the
1715 Parson Barnard House,the 1690-1720 James Bridges house, the First Burying
Ground(1650), the 1784 Kittredge Mansion, the 1833 Carlton Stevens house,the 1819
Rev. Bailey Loring Farm, the 1820 Hobart Clark house (114 Academy Road), and
Second Burying Ground (1817)the 1846 Capt. Nathaniel Stevens house, the 1789
Ballard Johnson Cottage(part of the N_ A. Historical Society building) and the 1835
North Parish Church. These buildings and Academy Road are some of the most important
historic treasures of North Andover. Great care has been taken over the years to preserve
the historic character of this road and these buildings, both by individuals and through the
oversight of the Old Center Historic District Commission. In view of the ongoing
historical contribution of this extraordinary road to the history of North Andover, the
North Andover Historical Society opposes any plans for build-out and conversion of the
1820 Hobart Clark house at 114 Academy Road into four condominiums.
Sincerely
D MIT enihan,President,Board of Directors,North Andover Historical Society
AAN 1 2 2006
D
BOARD OF APPEALS
153 Academy Road, North Andover,Massachusetts 01845 (978)6864035
' 4y
_ ss■
was
000
NORTH ANDOVER HISTORICAL SOCIETY
January 9, 2006
Ms. Ellen P. McIntyre, Chair
Town of North Andover Zoning Board of Appeals
400 Osgood Street
North Andover, MA 01845
Dear Ms. McIntyre,
At the January 81h annual meeting of the North Andover Historical Society,the membership of the
Historical Society voted unanimously to approve the following statement for your information.
Historical Society Voices Opposition To Potential Precedent Threatening the
Historic Character of the Old Center
A proposal has been made that the historic 1820 Hobart Clark house in the Old Center at
1.14 Academy Road be converted from a single family having one interior rental
apartment into four condominiums. The house is located in a single family R-3 zoning
district and is also in the Old Center Historic District. The North Andover Historical
Society believes that the proposed, and perhaps precedent setting changes, which would
build out the center of the house at 114 Academy Road, would considerably change the
historic fagade and character of the house. Additionally, allowing the four condominiums
would change the character of this historic neighborhood. Hence the North Andover
Historical Society opposes the conversion of the house into four condominiums and
opposes any external changes to the existing property.
One of the purposes of the North Andover Historical Society is "preserving places of
historic interest" to maintain the historic character of this New England town. Academy
:Road is one of the most historic roads in North Andover and in the Merrimack Valley
area. The properties on or adjacent to Academy Road include the 1752 Philips Manse, the
1715 Parson Barnard House,the 1690-1720 James Bridges house, the First Burying
Ground (1650), the 1784 Kittredge Mansion, the 1833 Carlton Stevens house, the 1819
Rev. Bailey Loring Farm, the 1820 Hobart Clark house(114 Academy Road), and
Second Burying Ground(1817)the 1846 Capt. Nathaniel Stevens house, the 1789
Ballard Johnson Cottage(part of the N. A. Historical Society building)and the 1835
North Parish Church. These buildings and Academy Road are some of the most important
historic treasures of North Andover. Great care has been taken over the years to preserve
the historic character of this road and these buildings, both by individuals and through the
oversight of the Old Center Historic District Commission. Tn view of the ongoing
historical contribution of this extraordinary road to the history of North Andover, the
North Andover Historical Society opposes any plans for build-out and conversion of the
1820 Hobart Clark house at 1]4 Academy Road into four condominiums.
Sincereiv X
.Mill lapel-Lenihan, President, Board of Directors,North Andover Historical Society
I„5 _
, 2.
130A IM 01 FI='Eat S
153 Academy Road, North Andover,Massachusetts 01845 (978)686-4035
01/06/2006 09:08 FAX 979 685 5900 CARLSON-GMAC 0 001/001
Al
TOWN OF
NORTH ANDOVER
MASSACHUSETTS
NORTH ANDOVER
OLD CENTER
HISTORIC DISTRICT COMMISSION
January 6,2006
VIA FACSIMILE 978 6889542
Building Inspection
Town of North Andover
North Andover,MA 01845
TO WHOM IT MIGHT CONCRRN:
Please be advised that repairing the structural damage for the property at
114 Academy Road does not need approval of the Historical Commission,
Section 6 B I exempts ordinary maintenance,replacement and repair from
the bylaws. It therefore does not need approval from the Olde Center
Historical District Commission.
Any questions please call me at 978 685 5000.
Sincerely,
George 11. Schruender.Jr.
Chairman
North Andover Historical District Commission
iN' J
�� 1. � 2006
BOARD OF APPEALS
i
Anita Rajan Worden
84 Academy Road
North Andover. MA 01845
978-6854781
December 6,2005
Attn: Ms.Ellen P.McIntyre, Chair
Zoning Board of Appeals
'town of North Andover
400 Osgood Street
North Andover,MA 01845
Re: Property at 114 Academy Road,North Andover
Dear Ms.McIntyre,
I-am writing as an abutter to the above referenced property. 114 Academy Road is located in a
R-3 Zoning District of North Andover. I understand that the building inspector has confirmed
that this property is a two-family residence and that this use pre-existed current zoning
requirements.
I was recently:invited to an open house-at this property and was shown building plans by the
current property owner,William Barrett,that show the property as a four-family condo.
Additionally,several real:estate brokers were on hand marketing the property as such.
I believe that it would do a disservice to this historic property and be inappropriate to the R3
zoning district within which it lays to convert the house from a two-family residence to a four-
family condominium.
Please inform me should this property come to the attention of the Zoning Board of Appeals. I
j -understand that it may come on the agenda or be a topic of discussion in the near future.
Sincerely,
Anita R. Worden
pC� (� C� OdC�
DEC - 2005
BOARD OF APPEALS
Abutter to Abutter( x ) Building Dept. ( ) Conservation ( ) Zoning ( )
Town of North Andover
Abutters Listing
REQUIREMENT: MGL 40A,Section 11 states in part Tarties in Interest as used in this chapter shall mean the petitioner,
abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within
three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable
tax list,not withstanding that the land of any such owner is located in another city or town,the planning
board of the city or town,and the planning board of every abutting city or town.`
Subject Property.,
MAP PARCEL Name Address
96 35 Forrest Blanchard 114 Academy Road North Andover,MA 01845
Abutters Properties
Map Parcel Name1 Address
96 26 Robert Stevens ),i PO Box 116 North Andover,MA 01845
96 33 Robert Stevens d,,`,PO Box 116 North Andover,MA 01845
96 34 'North Parish Church J� Academy Road .,North Andover,MA 01845
96 36 'James Worden UP X84 Academy Road North Andover,MA 01845
96 37 Trustees of Reservations ,�72 Essex Street Beverly,MA 01915
96 39 David Pickul ,J135 Academy Road North Andover,MA 01845
96 66 Donald Downes X871 Stevens Street North Andover,MA 01845
96 67 Ricardo Dube V357 Stevens Street North Andover,MA 01845
96 72 North Parish Church Academy Road North Andover,MA 01845
59 3 Robert Stevens '—Opo Box 116 North Andover,MA 01845
Page 1 of 1
This certifies that the names appearing on the
records of the Assessors Office as of
bd '
Certi 'ed b Date I o
MEMORANDUM
To: North Andover Zoning Board of Appeals
From: Mann&Mann, P.C.
Date: January 12,2006
Owner and Petitioner: Colonial Village Development, Corp. d/b/a William Barrett Homes
Location: 114 Academy Road,North Andover,MA 01845
I. Introduction
The Petitioner, Colonial Village Development, Corp. (the"Petitioner") is applying for a special
permit under Section 9.2 of The Zoning Bylaw,Town of North Andover(last amended on May
2004) (the`Bylaws") to authorize the conversion of the existing two-family residential structure
(the`Building") located at 114 Academy Road,North Andover, Massachusetts (the"PropertX")
to_a four unit multi-family residential structure. Since acquiring the Property, the Petitioner has
discovered that the Building requires substantial repairs and selective demolition and
reconstruction to preserve-the historic main house and the overall historic look of the Building:
However as a two-family structure the preservation of the Building is nafinancially feasible.
Therefore, the Petitioner is seeking to convert the use of the Building W a four-family residence.
II. . Background
The Petitioner acquired the Property on October 3, 2005. A copy of the deed is attached hereto
as Exhibit A. The Property is located in the "R3 Zoning District" of North Andover, which
permits by right single-family dwellings. At the time of the acquisition by the Petitioner, the
Property was being used as a two-family dwelling, however it does have facilities to enable its
use as a three-family structure. Furthermore, over the years this Property has been used as a
multi-family dwelling and a rooming house, which can be verified by reference to the Assessor's
records. Accordingly, the use of the Building is considered nonconforming but lawfully existing
under Section 9.1.
The main portion of the Building was built during the 1820s and is located within the Old Center
Historic District, and at the time of purchase it appeared to be in satisfactory condition.
However, shortly after acquiring the Property, certain issues arose relating to the safety and
condition of the Building that required the Petitioner to hire Bradford Engineering Company, a
structural engineering firm. Bradford determined that the condition of the historic main portion
of the Building as well as the later constructed additions had material structural deficiencies and
recommended the demolition of the newer additions and radical renovations and repairs to the
historic main section. A copy of the report is attached hereto as Exhibit B.
III. Discussion
i
Based on the historical multi-family use and existing size of the Property, the Building is in the
appropriate location for a four unit residential structure and will not overburden the
neighborhood nor will it create any nuisance or serious hazard to vehicular or pedestrian traffic.
There are eight homes on Academy Road,three of which are either two-family homes or have a
second but separate rental unit on the same lot as the principal residence; therefore, the presence
of a four-unit residential structure will be in harmony with the neighborhood that already has
multi-family homes. Furthermore, the Property has an area that is two and one half times the
minimum area required for a dwelling in the R3 Zoning District and offers 8 resident parking
spaces along with ample open space for additional visitor parking and onsite recreational
Memorandum
Zoning Board of Appeals
114 Academy Road,North Andover
Page 2
activities. Therefore, the residents of the Building will not overburden the neighborhood's
streets with overflow parking or create any adverse or hazardous traffic concerns. The Petitioner
suggests to the Board that the conversion is in harmony with the overall desires of the
neighborhood and Town and by permitting the conversion,the Board will enable the Petitioner
to preserve the historic main home and selectively demolish,renovate and reconstruct the other
portions of the Building in a historically responsible manner.
IV. Request
Based on the foregoing,the Petitioner respectfully requests that the Board issue a finding that:
1. The Property on which the Building is located is not being altered and will
continue to serve as the location for the renovated Building without any changes
An its boundaries.'
2. The proposed expansion in the nonconforming use and renovations to the
Building will increase the total square footage of the Building by a total of 1,022
square feet which constitutes less than 25%of the square footage of the existing
Building.2
3. The conversion of the two-family residential structure to a four-unit residential
structure is not substantially more detrimental to the neighborhood than the
existing lawfully nonconforming use.3
Therefore, the Petitioner respectfully requests that the Board issue a special permit under Section
9_2 of the Bylaws, authorizing it to expand the use of the Building to a four-family residential
use.
See Section 9.2 of the Bylaws.
Z See Section 9.2 of the Bylaws
3 See Section 9.1 of the Bylaws.
i
I
Exhibit A
Deed
See attached.
9806 PG 5
QtATCLAllVi DEED
We,FORREST S.BLANCHARD and LINDA NL BLANCHARD,both of 114
Academy bane,North Andover,Essex County,Massachusetts,in consideration of ONE
MILLION DOLLARS(51,000,000Q�grant to COLOMAL VILLAGE
DEVELOPMENT CORPORATIO of 1049 Turnpike Street,North Andover,Essex
County,Massachusetts,with quitclaim covenants**d/b/a William Barrett Homes
A cabin tract of but$;together with all the buildings thereon,immm&MahAh,V N-1114 Andemav
&I&agrib Andwrim Essen County,MWcbusatd,011H ,containing about one and one-half acres, rn
bounded as follows,to wit A
BEGINNING w the northeast corner thereof on the road by land formerly of Rev.Hailey Loring,now ons?
formerly of George Loring: a r�
THENCE: easterly on said Laing's land as the fence stands to land finumly of J.H.D.Smkb;
a >
:..,s
THENCE: southerly on land formerly of said Smith as the.wall stands to die northeast corner of di ss'+ f
burying round;
ern --
THENCE: , - westerly by said burial ground,formerly ply by Ind of Jonathan Swveas,ao the
aforesaid mad;
THENCE: northerly be said road to the point of beginning
For reference to title we deed dated December 26,2004 recorded at the Essex North Registry of Deeds at C
w
Book=Page 14ia t�
IN WITNESS WHEREOF,we hereunto sat our heads and seals this 3 day of C=
October,2005 --i
FO S.BLANCIIARD LINDA K BLANCHARD
COMMONWEALTH OF MASSACHUSETTS
a
On this�_day of October,2003,before me,the undersigned Notary Public,personally M
appeared FORREST S.BLANCHARD and LINDA M.BLANCHARD;proved to to ftougb
satisfactory evidence of identification,which were a copies of their licenses,to be the persons whose names
we signed on the precodki. attached doemnom and acknowledged to me tient they signed it voluntarily
for its stated purpose.
�M� as M.Bolton,Notary Public
CA � My Commission Expires:4n106
I
i 7 I Tf,LfOOQO,n s�i•14 I .T i!I'R
BRADFORDliop000 1�
BRADFORD ENGINEERING COMPANY,3 WASHINGTON SQUARE,P.O.BOX 1244,HAVERHILL,MASSACHUSETTS 01831 TEL. 978 373.2396
REGISTERED 0\111.ENGINEERS AND LAND SURVEYORS FAX:(978)373-8021
December 9,2005
William Barrett Homes
1049 Tumpike Street
North Andover,MA 01845
Attention Hobert Moore
Re: Stmetural Inspection
114 Academy Road
North Andover,MA
Mr.Moore:
_ ..
- As requested by you, Peter D. Mauritz, a structural-engineer with Bradford Engineering
Company has visited the above referenced property for the purpose of assessing its
structural condition for rehabilitation and conversion into four condominium units.
The building in question consists of the main house and additions. The main house was
` reportedly constructed in the 1820's while the latest addition is estimated to be 75 years
old. While the front portion of the building is considered to be the historic component of
the structure,the rear portion is one of these additions, This addition occurs over the last
41 feet of the structure. 'The addition consists of first floor, second floor and a dormer .
attic.
The foundation for the rear addition consists of as concrete cap over a stone nubble
foundation with a shallow crawl space between the perimeter wells. As evidenced by the
movement of the structure above, the foundation has shifted and settled over time.
Additionally, the proximity of the first floor framing to the ground with no moisture
barrier between, has resulted in dry rot and deterioration of the floor joists. Furthermore,
the joists have been notched at the support further reducing their load capacity,(see photo
# 1)
Exterior walls are constructed of post and beam type framing with infill 2x framing.
Photo #2 demonstrates the visible sagging aid settlement of the exterior wall due to the
foundation movement over time.
Second floor framing consists of 2x8's @ 24" for a spam of 17 feet. These joists are
significantly overstressed for current loads stipulated by the State Building Code. Photo
#3 sb.ow-s a cracked joists. At the second floor level, the rooms have settled from front to
back (perpendicular to the direction of the joists). The floor over the garage sags
114 Academy Road
North Andover,MA
Page 2 of 2
approximately 6"over a 15 foot length.The room adjacent to the garage has settled each
side over a wall below resulting in a dished shaped appearance.
Roof framing consists of 2x6 rafters at 22" on center-There is no ridge beam and there
are no collar ties. Where dormers have been cut into the roof framing, there are no
dormer header.beams. Typical of the previous portions of this rear addition, the framing
is undersized.for current codes and the workmanship is of less than satisfactory quality.
Given:.the accumulation of inadequate foundatiou, undersized framing members,
significant movement and settlement throughout and deterioration of framing members,
there is little reason to retain the existing addition.structure. Removal and replacement in
kind is considered the most feasible manner to proceed with this portion of the building.
The main house, due to its historic significance can be retained and the structural
upgrades necessary can be made. The main house is founded on.,a full basement
foundation and:hes not undergone the settlement the addition has seen.
I hope the above information adequately addresses your concerns. Should you have any
questions or require any additional information,please do not hesitate to call.
Very truly yours,
j Bradford Engineering Company
Peter D, Mauritz P.E. V
Structural Engineer
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ZONING DISTRICT. R-3
REQUIRED EXISTING PROPOSED
LOT AREA 25,000 SF 61,518 SF 61,518 SF f.�90.H.FND. 2
FRONTAGE 125 FT 198.52 FT 198.52 FT 6L�5g8
FRONT YARD 30 FT 29.3 FT 29.3 FT
SIDE YARD 20 FT 15.8 FT 15.8 FT S 31'30'05" ���0�
REAR YARD 30 FT 260.5 FT 260.5 FT 21.70
BUILDING COVERAGE N/A 3,141 SF (5.1%) 4,389 SF (7.1%)
0
LOT COVERAGE N/A 6,049 SF (9.8%) 11,059 SF (18.0%)
BUILDING HEIGHT 35 FT 30.4 FT 30.4 FT N`'2 z
N/F TRUSTEES OF RESERVATIONS 4
BK 5065 PG 282 600 . mEi
PLAN 13236
APPLICANT PROPOSES TO CONVERT AREAS SHOWN AS ZM �i3`\ O -
ENCLOSED PATIO AND OVERHANG INTO LIVING SPACE. R O O\
IA-
D.H.FNO.PROPOSED WALKWAYS, PATIOS, AND LANDINGS 2}437
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.P.FND./ _ J - 1 1 D D.H.FND.
PARCEL A
°----61,518 SF / 1.41 AC
f 2 597.9 100 % C. B. A.
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PROPOSEDaao \�
PAVEMENT PINCH PIPE FND.
_ I'= �— — EXISTING PAVEMENT 95gg
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a v s sa57'to" w P�1 B�RECORD SITE PLAN OF LAND
e� 21.20 p�- NQ� LOCATED AT 114 ACADEMY ROAD II�N��//�j/j/(7]�L,(t�'
® S 64'09'15" w JVORTF11"DOVER., 1VJ16 .
1.P.FND. PREPARED FOR
R COLONIAL VILL4GE DEVELOPMENT
0� \J 1049 TURNPIKE ST., NORTH ANDOVER, MA 01845 978-682-2320
V�.1KN ASSESSORS MAP REFERENCE: MAP 96 LOT 35
NORTH ANDOVER BOARD OF APPEALS LOCUS TITLE REFERENCE: BOOK 4062, PAGE 6
December 12, 2005
0 20 40 80
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1 INCH = 40 FT.
COUNTY LAND SURVEYS, INC.
Pint LW d Sx vz*=°POD Boa 5AR G1o=SW MA OI331-0543°OM)282-0443