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Miscellaneous - 12 MINUTE AVENUE 4/30/2018 (2)
12 MINUTE AVENUE i 210/060.C-0031-0000.0 77 i I • s- Cb S 0 t l� vl C',IleeW,r- Affor Cr--sr Q Findiug Q 48B Application filed on 3 06 Hearing due on: Decision due on: avUb.. D l� vlot� e ml P,8 A, m h w TA), Incomplete /NAZBAWdon Farm Date: Missit� JP 'u b (urg ��- o �� Dvl �ioIC- 'jo Q I Town of North Andover Town Clerk Time Scamp ZONING BOARD OF APPEALS RECEIVED Albert P.Manzi IIT,Esq.Chairman TOWN r-!.F R 1C S J-- ' Ellen P.McIntyre, Vice-Chairman NORTH cr- Richard.J.Byers,Esq.Clerk oEtt�•� ,6'�4• Joseph D.LaGrasse cj 'OUB JUN 29 PM 12: 53 David R.Webster Associate Members s.�,E �.- Thomas D.Ippolito T"0 1 0' « sem, " ""« NORTH ANDME , Richard M Vaillancourt ^ .o""""' ��,. r,�•--=r Daniel S.Braese,Esq. ��SSRCHUS�AVID �� MAS5AC1 11: f f June 15,2007 Kevin Hamel-Porter 12 Minute Avenue North Andover,Massachusetts 01845 Regarding your request for a six(6)month extension Of your Variance 2006-015: Please be advised that the Zoning Board of Appeals droved a six(6)month extension relative to the premises affected at 12 Minute Avenue(Map 60.0 Parcel 31),North Andover,Massachusetts. The Zoning Board of Appeals voted to extend for a period of six-morift the Variance granted by the 2006-015 decision to and including February 23,2008(without the extension,the variances would eXpire on August -°ne y�and 20�after the filing in the Town Clerk's officet 2007, regular June 12,200'7 meeting upon a motion by Richard J. ,taking into account the appeal period.)at the 40A, §10 allows the Variance -Bye and 2°d by Ellen P.McIntyre. Mass. Gen.L.,ch. not to exceed six Permit granting authority to extend the time for exercise of such rights for a period Ippolito,and Daniel Brame nths-. V0t1119 n1t d'Or Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D. j Andover ZoningP.Manzi,III,E .,Chairman P.McIntyre, Vice Chairman Richard J.Byers,Esq.,Clerk Associate Members Thomas D. Ippolito Daniel S.Braese,Esq. cc: Town Clerk Kevin&Colleen Hamel-Porter ZBA file 2W-015 M60-CP31 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688_9542 Web-www.townofnorthandover.com r , i ZBA t. 4. 5 Date .,J..`.�..�.'p.J... �NORTIy FOS• ,,``` r•,�O�1 TOWN OF NORTH ANDOVER p RECEIPT ,s`S4CHUS�t I This certifies that...( . ?}��.��/.... .�....�)-�{,�... . . ..!!".)...::.............. has paid.. .�.p.��...Q(r�....... 1! . ...., ........./J.. . . ............. for .4.-..m.o,—A...exteii -s/..,cm.........o�.d ... ..-.. ../ �7. Received by..... ..... � 7�....................................... Department............Z..,6..A.......................................................... WHITE: Applicant CANARY:Department PINK:Treasurer May 21, 2007 Albert P. Manzi, III, Esq. Chairman Town of North Andover Zoning Boards of Appeals North Andover, MA 01845 Subject: Request for variance extension(Petition Reference: 2006-015) Location: 12 Minute Avenue,North Andover Dear Mr. Manzi, I would like to request an extension of the variance granted for 12 Minute Avenue. This request is due to the fact that the initiation of the building permit is dependent on the sale of my in-laws' home. Their home has been on the market since the initial granting of the variance,however,real estate market activity has slowed significantly. The house remains on the market for sale. Thank you for your consideration to this request. Sincerely yours, ) L�0.4-- 6pu- Kevin Hamel-Porter 12 Minute Avenue North Andover,MA attachments Notice of Decision Letter(4 pages) f MAY 2 2 2001 BOARD OF APPEALS 0E NORTH 3r ``t0�ac REGEiVi �n(IerkTimeStamp LEMN it - -W % �« Z046 AUG -3 PM 2: 55 CHU T 0 W GE ,�.., ZONING BOARD OF APPEALS NORTH AMM"rY` Community Development Division MASSACN�lS=' Any appeal shall be filed 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 Property at: 12 Minute Avenue NAME: Kevin&Colleen Hamel-Porter HEARING(S): April 11,May 10,June 13,&Jul 18,2006 ADDRESS: 12 Minute Avenue PETITION: 2006-015. North Andover,MA 01845 TYPING DATE: July 28,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 12OR Main Street,North Andover,MA on Tuesday,July 18,2006 at 7:30 PM upon the application of Kevin&Colleen Hamel-Porter,12 Minute Avenue(Map 60.C,parcel 31),North Andover requesting a dimensional Variance from Section 2,Paragraph 2.37.1 of the Zoning Bylaw for relief from the requirement for Family Suite gross floor arra to be no greater than 25%of the existing single-family dwelling,for a Special Permit from Section 4.121.17 for a Family Suite,and for a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing,non-conforming structure,on a pre-existing,non-conforming lot. Said premise affected is property with frontage on the North We of Minute Avenue 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 March 27&April 3,2006. The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Daniel S.Braese. The following non-voting members were present: Joseph D.LaGrasse and Richard M. Vaillancourt. Upon a motion by Richard J.Byers and 21 by Albert P.Manzi,III,the Board voted to GRANT a dimensional Variance from Section 2,Paragraph 2.37.1 of the Zoning Bylaw for relief for 735 additional sq.ft.,from the requirements that a family suite be 25%,or 375 sq.f1.,of the gross floor area of the existing single-family dwelling,and upon a motion by Richard J.Byers and 2°a by Albert P.Manzi,III,the Board voted to GRANT a Special Permit from Sections 4,Paragraph 4.121.17 and 9,Paragraph 9.2 of the Zoning Bylaw in order to allow a pre-existing,non-conforming dwelling to be extended by a rear Family Suite addition on a non-conforming lot per: Site: 12 Minute Avenue, 60.C,Parcel 31),North Andover,MA 10845 Site Plan Title: Plan of Land in North Andover,owned by Kevin&Colleen Hamel Porter Date(&Revised Dates): 7/11/06 Registered Professional Scott L. Giles,RP.L.S.#13972, Scot L. Giles,R.P.L.S.,Frank S. Giles, Land Surveyor R.P.L.S.,50 Deer Meadow Road,North Andover,Mass. Building Plan by G.J.Bruno Associates,Residential Designers,28 Berkeley Road,N. Andover,MA 01845 Date: [Received Jul 10,20061 Skeet/Drawing: [2 sheets] Page 1 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9541 fax 918.688.9542 Web www.townofnorthandover.com t {iORTIy O Stao %-76 Z. Time Stamp - p RiwC � �` TCpj t lIRK'S OFFICE AUG —3 pM 2' S rev CHUSE 1 ZONING BOARD OF APPEALS NORTH � . fommunity Development Division {�1ASSAC'tUS`=' `' with the following 5 conditions: 1. The Family Suite shall not be occupied by anyone except Donald or Susan Guthrie,parents of Colleen Hamel-Porter,one of the residing owners of the dwelling unit; 2. The Special Permit shall expire at the time that Donald&Susan Guthrie cease to occupy the Family Suite; 3. The Special Permit shall expire at the time the premises are conveyed to any person, partnership,trust,corporation or other entity; 4. The applicant,by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit,grants the Building Inspector or his lawful designee the right to inspect the premises annually. 5. The applicant shalt plant a variety of alternating evergreen screening shrubs and trees within 10' of the North side setback. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Daniel S. Braese. The Board finds that circumstances relating to the shape of the 12 Minute Avenue parcel,the shape of the single- family 1920 era dwelling,and its location on the land,specifically affect this land and structure but does not affect generally the R-3 zoning district in which it is located. A literal enforcement of the provisions of Section 2, Paragraph 2.37.1 would involve substantial hardship,financial and otherwise,to the petitioner. The Board finds that there was no written or spoken opposition to the revised building plans. The Board finds that the revised- addition building plan maintains the character of the existing structure and is within the R-3 setbacks. The Board finds that desirable relief may be granted in this instance without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Sections 4,Paragraph 4.121.17 and 9, Paragraph 9.2 of the Zoning Bylaw and that the granting of this Special Permit,for a Family Suite at 12 Minute Avenue,is an appropriate location for a rear Family Suite addition. The Board finds that this use,as developed by the revised building&site plan,will not adversely affect the neighborhood. Also,the applicant has agreed to screen the north side abutter. There will be no nuisance or serious hazard to vehicles or pedestrians because there is off-street parking available for 4 vehicles. Adequate and appropriate facilities are provided to the existing single-family dwelling and will be for the provided for the proper operation of a Family Suite. The proposed addition will not be substantially more detrimental than the existing structure to the neighborhood. Page 2 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9541 Fax 918.688.9542 Web www.townofnorthandover.com pt NORT#1 ON _0ime St pp20D6 AUG -3 PN 2' S CH ZONING BOARD Of APPEALS MASS ��,t � Community Development Division Note: 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 and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, �—i— 19 A�"— Ellen P.McIntyre, Chairman Decision 2006-015. M60.CP31. Page 3 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com Town of Nord Andover Town Qerk Time Stamp Office of the Zoning Board of Appeals RECEIVED Community Development and Services Divis!(WN C L ERK,-S 0 F F I C VE 400 Osgood Street North Andover, Massachusetts 01845 2006 MAR 22 AM 1Q: 45 Gerald A. Brown Telephone (978)688-9541 Inspector of Buildings Fax (978)688-9542 T Ci,"110117 NORTH ANDOVER MASSACrUSE-1 TS 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 11th of April 2006 at 7:30 PM to all parties interested in the application of Kevin & Colleen Hamel-Porter, 12 Minute Avenue(Map 60.C, Parcel 31), North Andover requesting a dimensional Variance from Section 2, Paragraph 2.37.1 of the Zoning Bylaw for relief from the requirement for Family Suite gross floor area to be no greater than 25% of the existing single-family dwelling, for a Special Permit from Section 4.121.17 for a Family Suite, and for a Special Permit from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to extend a pre-existing, non-conforming structure, on a pre-existing, non-conforming lot. Said premise affected is property with frontage on the North side of Minute Avenue within the R-3 zoning district. Plans are available for review at the office of the Board of Appeals office, 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 March 27& April 3, 2006. Legalnotice 2006-015. M60.CP31. MN''��o��mo�m?o�y:.�_om°°smm�flmNo�.�.OZ m � c� �m� cn � m <mmP)o 0�y >° xQ . v � . Q0ZO arc�m omtn .::C° ��� T:!�=a D (CDL ZA°mco3Oo7wm7oc�mg� oimo � ` °3°yar (7D so ,OsZZ 0 ^ � <n'oneZ ° '0<.r p°o` waZQo 7 °*_m 0m CD m� mSr."—CammafOID�� m �Zr�1 :M . Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 i No.: f Date ? kORTH { t °�`"`� '°1"0 TOWN OF NORTH ANDOVER ° _ p BUILDING DEPARTMENT �,SS�CHUS��y Building/Frame Permit Fee $ i I Foundation Permit Fee $ Other Permit Fee rL,5 $ 4 31 J BWdingAnspector ZBA 334 Q e Date J..r./v.!��.�D... plORT1y TOWN OF NORTH ANDOVER o RECEIPT SSACHUS� Ao .1'r') ... This certifies that .l. .g.............................. has paidf..,,1.L�L/ �.vD �v\ l�1 ............................... ... ..................................... . . . for.Vq.c... p6....Q.1 ... ..C, ..... ................................................ Receivedby ..................................... ��j Department.............�.?�.A.......................................................... WHITE: Applicant CANARY:Department PINK:Treasurer Zoning Board of Appeals North Andover Hearing No.: ZBA-2006-0014 Date: March 20, 2006 APPLICATION TYPE: SUBMISSION DATE: Variance & Special Permit Thu Mar 16, 2006 Applicant's Name: Owner's Name: NAME: NAME: Hamel-Porter,Kevin&Colleen Hamel-Porter,Kevin&Colleen ADDRESS: ADDRESS: 12 Minute Avenue 12 Minute Avenue TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: NORTH ANDOVER MA 01845 NORTH ANDOVER MA 01845 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: Work Location.: SffE ZONING: 12 MINUTE AVENUE TOWN: SECTION OF BYLAW: NORTH ANDOVER,MA 01845 GIS# MAP: BLOCK: LOT: ACTION TAKEN: 3420 060.0 0031 Reason for filing: Var from 2.37.1 for family suite greater than 25•/of existing single-family dwelling&SP from 9.2 for expansion of pre-exls4 non-conform structure on a pre-exls4 non-conform lot&from 4.121.17 for family suite. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: Tue Mar 14,2006 Wed Apr 05,2006 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: Mon Mar 27,2008 Sat May 20,2006 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: Mon Mar 27,2006 Tue Apr 11,2006 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: Mon Apr 03,2006 Sat Jun 24,20M Sat Jun 24,20M MEMBERS PRESENT: VOTE: MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeoTMS®1998 Des Lauriers&Associates,Inc. r Zoning Board of Appeals North Andover Hearing No.: ZBA-2006-0014 Date: March 20, 2006 APPLICATION TYPE: SUBMISSION DATE: Variance & Special Permit Thu Mar 16, 2006 Applicant's Name: Owner's Name: NAME: NAME: Hamel-Porter,Kevin&Colleen Hamel-Porter,Kevin&Colleen ADDRESS: ADDRESS: 12 Minute Avenue 12 Minute Avenue TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: NORTH ANDOVER MA 01845 NORTH ANDOVER MA 01845 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: Work Location.: SITE ZONING: 12 MINUTE AVENUE TOWN: SECTION OF BYLAW: NORTH ANDOVER,MA 01845 GIS# MAP: BLOCK: LOT: ACTION TAKEN: 3420 1 060.0 0031 Reason for filing: War from 2.37.1 for family suite greater than 25%of existing single-family dwelling&SP from 9.2 for expansion of pre-exist,non-conform i structure on a pre-exis4 non-conform lot&from 4.121.17 for family suite. I HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: Tue Mar 14,2008 Wed Apr 05,2006 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: Mon Mar 27,2006 Sat May 20,2006 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: Mon Mar 27,2006 Tue Apr 11,2006 SECOND ADVERTISING DATE: HEARING TIME: rVZINGDEADLINE: DECISION DEADLINE: Mon Apr 03,Z00B un 24,2006 Sat Jun 24,2006 MEMBERS PRESENT: VOTE: MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeoTMS81998 Des Lauriers&Associates,Inc. Town of North Midover T ZONING BOARD OF APPEALS IAlani�� —ul E'scl. ('17airman a rc! 1'3�ers. Esq. Ch,& Li!G- SSC .SCP,! 2 7 7 C, )nlas ;.1 p 01 R�chim-d MI. VaiflanCOUrt )Lij,jel S. Ac' June 15,2007 Kevin Hamel-Porter 12 Minute Avenue ...... - ------- North Andover,Massachusetts 01845 Regarding your request for a six(6)month extension of your Variance 2006-015: Please be advised that the Zoning Board of Appeals approved a six(6)month extension relative to the premises affected at 12 Minute Avenue(Map 60.0 Parcel 31),North Andover,Massachusetts. The Zoning Board of Appeals voted to extend for a period of six-months the Variance granted by the 2006-015 decision to and including February 23,2008(without the extension,the variances would expire on August 23,2007, -one year and 20 days after the filing in the Town Clerk's office,taking into account the appeal period.)at the regular June 12,2007 meeting upon a motion by Richard I Byers and 2nd by Ellen P.McIntyre. Mass. Gen.L.,ch. 40A, §10 allows the Variance permit granting authority to"extend the time for exercise of such rights for a period not to exceed six months". Voting in favor: Ellen P.McIntyre,Richard I Byers, Albert P.Manzi, IM Thomas D. Ippolito,and Daniel S. Braese. North Andover Zoning B?fird/of Appeals Albert P.Manzi, U1,E41,Chairman Ellen P. McIntyre, Vice Chairman Richard I Byers,Esq., Clerk Associate Members Thomas D. Ippolito Daniel S. Braese,Esq. cc: Town Clerk Kevin&Colleen Hamel-Porter ZBA file 2006-015 ATTEST: M60.CP31 A True Copy Town Clerk 600 Ospod S U eel.B ui 1 dino 20-Suite 2-'•6, North Andover-Massachusetts ;1845 -7 -Web Fax-979-689-9542 ESSEX NO1=ITH €='e SST C3G b: �D )` 0 LAWRENCE, MASS. �Zl ATRUE COPY: A ST: REGISTER OF DEEDS Printed:R E1C E I P T 2007 . 9:29:02 Essex North Registry Robert F. Kelley Register Trans#: 97979 PORTER Oiler:SHEILAM Book 1 --- _______---- Ctl#: 17833 Page: 327 Inst#: ----__ NAND Rec:7-12-2007 0 21388 12 MINUTE AVE 9:28:54a DOC DESCRIPTION EXTENSION TRANS AMT Surcharge CPA $20.00 50.00 recording fee 20.00 5.00 TECH FEE 50.00 5.00 Total fees: -------- *** Total charges: 75.00 CHECK PM 4636 75.00 75.00 l n(lerk Time Slum 3r `_r- '` °� RECEIVO P 6 Tom OLE"Y's OFFlC� �' °*• •r���« 2006 AUG -3 PM 2` 55 �1 o'►'reo►� 'Cg ,SSACHUst� TOWN OF ZONING BOARD OF APPEALS NORTH ANOVEi", (ommunity Development Division PAS o'c'ett"fy ha twenty(20)days have elapsed from date of dedsion,filed without filing of an Any appeal shall be filed within Notice of Decision Date 4 ' (20)days after the date of filing Year 2006 Joyce A..B dshaw of this notice in the office of the Town 010 Town Cleric,per Mass.Gen.L.ch. 40 17 Property at: 12 Minute Avenue NAME: Kevin&Colleen Hamel-Porter HEARING(S): April 11,May 10,June 13,&Jul 18 2006 ADDRESS: 12 Minute Avenue PETITION: 2006-015. North Andover,MA 01845 TYPING DATE: July 28,2006 r- The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center,19OR Mph Street,North Andover,MA on Tuesday,July 18,2006 at 7:30 PM upon the application of Kevin&Cotteen cv- Hamel-Porter,12 Minute Avenue(Map 60.C,Parcel 31),North Andover requesting a dimensional i/arianee from Section 2,Paragraph 2.37.1 of the Zoning Bylaw for relief from the regninesnent for Family Suit *oss flak area to be no greater than 25%of the existing single-family dwelling,for a Special Permit from Sec*-.121 for a Family Suite,and for a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in ort to extend a pm-existing,non-conforming stnuture,on a pre-existing,non-Conforming lot. Said premise affected`-propeky with frontage on the North side of Minute Avenue within the R-3 zoning district. Legal notices were�to alb names on the abutter's list and were published in the Eagle-T nUne,a newspaper of general circulation the� Town of North Andover,on March 27&April 3,2006. N .. Z7 The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Daniel S.Braese. The following 11011-voting members were present: Joseph D.LaGrasse and Richard M.Vaillancaurt. C=) Upon a motion by Richard J.Byers and 2°a by Albert P.Manzi,III,the Board voted to GRANT a dimensionaU Variance from Section 2,Paragraph 2.37.1 of the Zoning Bylaw for relief for 735 additional sq.ft.,from the c=) requirements that a family suite be 25°/g or 375 sq.ft.,of the gross floor area of the existing single-family cr dwelling and upon a motion by Richard J.Byers and 2°a by Albert P.Manzi,III,the Board voted to GRANT a.a Special Permit from Sections 4,Paragraph 4.121.17 and 9,Paragraph 9.2 of the Zoning Bylaw in order to allow preexisting,non-conforming dwelling to be extended by a rear Family Suite addition on a non-conforming lot Site: 12 Minute Avenue;Vvfap 60.C,Parcel 31 ,North Andover,MA 10845 Site Plan Title: Plan of Land in North Andover,owned by Kevin&Colleen Hamel Porter Date &Revised Does): 7/11/06 Registered Professional Scott L. Giles,R.P.L.S.#13972,Soot L. Giles,R.P.L.S.,Frank S.Giles, Land SurveYOr R.P.L.S. 50 Deer Meadow Road,North Andaver,Mass. Building Plan by G.jLh� no Associates,Residential Designers,28 Berkeley Road,N. AMA 01845 Date: [2 Page 1 of 3 A True Copy MAY 2 2 [01 Jerk BOARD OF APPEALS 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 fax 978.688.9542 Web www.townofnorthandovemom t NORT#y o `t�`" '•, �oo� Time Stomp TOWN ,t •.�4- 2006 AUG -3 PM 2' 55 rev '(g ,sS^CHU T41''I�d Gc' ZONING BOARD OF APPEALS NORTH ANDOVER fommunity Development Division f1ASSACHUSF T►S with the following 5 conditions: 1. The Family Suite shall not be occupied by anyone except Donald or Susan Guthrie,parents of Colleen Hamel-Porter,one of the residing owners of the dwelling unit; 2. The Special Permit shall expire at the time that Donald&Susan Guthrie cease to occupy the Family Suite; 3. The Special Permit shall expire at the time the premises are conveyed to any person, partnership,trust,corporation or other entity; 4. The applicant,by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit,grants the Building L4spector or his lawful designee the right to inspect the premises annually. S. The applicant shall plant a variety of alternating evergreen screening shrubs and trees within 10' of the North side setback. Voting in favor. Ellen P.McIntyre,Richard L Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Daniel S. Braese. The Board finds that circumstances relating to the shape of the 12 Minute Avenue panel,the shape of the single- f unily 1920 era dwelling,and its location on the land,specifically affect this land and structure but does not affect generally the R-3 zoning district in which it is located. A literal enforcement of the provisions of Section 2, Paragraph 2.37.1 would involve substantial hardship,financial and otherwise,to the petitioner. The Board finds that there was no written or spoken opposition to the revised building plans. The Board finds that the revised- addition building plan maintains the character of the existing structure and is within the R-3 setbacks. The Board finds that desirable relief may be granted in this instance without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Sections 4,Paragraph 4.121.17 and 9, Paragraph'9:2 of the Zoning Bylaw and that the granting of this Special Permit,for a Family Suite at 12 Minute Avenue,is an appropriate location for a rear Family Suite addition. The Board finds that this use,as developed by the revised building&site plan,will not adversely affect the neighborhood. Also,the applicant has agreed to screen the north side abutter. There will be no musance or serious hazard to vehicles or pedestrians because there is off-street parking available for 4 vehicles. Adequate and appropriate facilities are provided to the wdsting single-family dwelling and will be for the provided for the proper operation of a Family Suite. The proposed addition will not be substantially more detrimental than the existing structure to the neighborhood. Page 2 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com �10RTp O�,t�•" '•�'�'ortLoime; P O REQ 41 7A[r[wsw.sr`4 �R.rev �SsACHUSE'C �Q��;� OF ZONING BOARD OF APPEALS , SS CNS EI (ommunity Development Division Note: 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 and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. Furthermore,if the rights autho4zed by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.Mclntyre,Chairman Decision 2006-015. M60.Cni. Page 3 of 3 f 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com ESSEX NORTH REGISTJJY OF DEEDS LAWRENCE, MASS. A TRUE COPY: ATTEST RF613TEl4_OF DEED PL. 155 o3 PLAN OF LAND LOCUS:NO SCALE IN NORTH ANDOVER, MASS. OWNED BY KEVIN AND COLLEEN HAMEL- PORTER y�sTti� SCALE: 1"=20' DATE.711112006 T ST ui " 0' 20' 40' 60' I � Q Gil Scott L. es R.P.L.S. THE ZONING DIST. IS R-3 w Frank. S. Giles R.P.L.S. 3 MINUTE ° 125'FRONTAGE u, o 25,000 S.F.AREA 50 Deer Meadow Road = AVE. 3 30'FRONT SETBACK North Andover, Mass. w 20'SIDE SETBACK MAP 60C PARCEL 29 30'REAR SETBACK N/F BRA SSEUR 100.00, ASSESSORS MAP 60C PARCEL 31 LOTS 156-161 INCLUSIVE MAP 60C PARCEL 41 OF PLAN 0360 N.E.R.D. N/F OZA 15,000 S.F. w m 0 0 0 z 0 30' 0 LO Q Z r, o C0 "MAP 60C PARCEL 40 PROP. ADDITION C N/F CANTY cow nj O COURT YARD 20' SHED m EXIST. HSE. m FND. EXIST. GARAGE 2 SPACES GAR. 2 SPACES #12 fool TO 1 100.00` HEWETT AVE. MINUTE AVENUE THIS IS TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS IN PREPARING THIS PLAN NORTH ANDO VER THE PROPERTY LINES SHOWN ARE THE RE,GISTRY OF DEEDS OARD OF APPEALS LINES DIVIDING EXISTING OWNERSHIPS,AND / THE LINES OF STREETS AND WAYS SHOWN Northem District Of Essex SS v ARE THOSE OF PUBLIC OR PRIVATE STREETS eived Recorded NEWWAYS ALREADY ESTABLISHED,AND NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. onI ARJU At O'clock O M. W or PIAN NO. !55 SC Attest: 1 972 4 DATE OF FILING: 3-4" 06 �� OVER �® 69i"4&_ �'��' DATE OF HEARINGLA100 5" Re sir of Dm* • •��� �! 06 � DATE OF APPROVAL:7- II "left m Lo r 155D3 0 SEP 13 2006 BARD©r APPEALS � NORTF� � ' •� ~ a 3r�.<�``° �00ECE'vETlY(IerkTime Slump TO V' CSE° 'q 4FFicE 2006 AUG —3 PH 2., 55 �1SS�CHUS ZONING BOARD OF APPEALS NORTH E`'. SCI Community Development Division thAs$toAc��that twenty(20)days have elapsed from date of decision,filed without filing of an eal Any appeal shall be filed within Notice of Decision Date (20)days after the date of filing Year 2006 doyee A..B dshaw of this notice in the office of the Town 010 Town Clerk,per Mass.Gen.L.ch. 40A,§17 Property at: 12 Minute Avenue NAME: Kevin&Colleen Hamel-Porter HEARING(S): April 11,May 10,June 13,&Jul 18,2006 ADDRESS: 12 Minute Avenue PETITION: 2006415. North Andover,MA 01845 TYPING DATE: July28,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center,lgOR Nift Street,North Andover,MA on Tuesday,July 18,2006 at 7:30 PM upon the application of Kevin&Colleen Hamel Porter,12 Wmute Avenue(Map 60.C,Parcel 31),North Andover requesting a dimensional Yatianoe from Section 2,Paragraph 2,37.1 of the Zoning Bylaw for relief from the requirement for Family Sui0jrQss flo-b area to be no greater than 25%of the existing single-family dwelling,for a Special Permit from Secti* .1211 for o a Family Suite,and for a S Permit from - pecial Section 9,Paragraph 9.2 of the Zoning Bylaw in order-to extend a pre-existing,non-conforming structure,on a pre-existing,non-conforming lot. Said premise affected prope* with frontage on the North side of Minute Avenue within the R 3 zoning district. Legal notices werejj4 to at names on the abutter's list and were Published in the Eagle-Tnbune,a newspaper of general circvlatio the Town of North Andover,on March 27&April 3,2006, a Cn l� The following voting members were present: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Daniel S.Braese. The following non-voting members were present: Joseph D.LaGrasse and Richard M.Vaillancourt. 0 Upon a motion by Richard J.Byers and 2od by Albert P.Manzi,III,the Board voted to GRANT a dimensionaU Variance from Section 2,Paragraph 2.37,1 of the Zoning Bylaw for relief for 735 additional sq.ft.,from the o requirements that a fan*suite be 250/,or 375 sq.ft.,of the gross floor area of the misting v- dwelling,and upon a motion by Richard J.Byers and 2°d by Albert P.Manzi,III,the Board voted to GRANT a� Special Permit from Sections 4,Paragraph 4.121.17 and 9,Paragraph 9.2 of the Zoning Bylaw in order to allow pre-existing,non-conforming dwelling to be extended by a rear Family Suite addition on a non-conforming lot per Site: 12 Minute Avenues 0jap 60.C,Parcel 31),North Andover,MA 10845 Site Plan Title: Plan of Land in North Andover,owned by Kevin&Colleen Hamel-Porter Date(&Revised Dates): . 7111/06 Registered Professional Scott L.Giles,R P L.S.#13972,Soot L.Giles,R P I,.S.,Frank S.Giles, Land S or R P.L.S.,50 Deer Meadow Road,North Andover,Mass. Building Plan by G.L Bruno Associates,Residential Designers,28 Berkeleya, Andover,MA 0184 'N. Date: [Received Jul 10,2006 Sheet'Dra [2 sheets] Page 1 of 3 A True Copy ' wn Clerk 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorfhandover.com NORTh 'j ?o't�``o o°a R�CtIVt Time Stamp o p 9 (; rRK'S OFFICE * * TOW R/�/��{ -3 AUGj/� .. 2. 55 T��+tKR K•`b T ` Y SSACH�ISE� TO III OF ZONING BOARD OF APPEALS NORTH A,0C'' R fommunity Development Division I`1ASSACHUST" with the following 5 conditions: 1. The Family Suite shall not be occupied by anyone except Donald or Susan Guthrie,parents of Colleen Hamel-Porter,one of the residing owners of the dwelling unit; 2. The Special Permit shall expire at the time that Donald&Susan Guthrie cease to occupy the Family Suite; 3. The Special Permit shall expire at the time the premises are conveyed to any person, partnership,trust,corporation or other entity; 4. The applicant,by acceptance of the Certificate of Occupancy issued pursuant to the Special Permit,grants the Building Inspector or his lawful designee the right to inspect the premises annually. 5. The applicant shall plant It variety of alternating evergreen screening shrubs and trees within 10' of the North side setback. `Toting in favor. Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,Thomas D.Ippolito,and Daniel S. Braese. The Board finds that circumstances relating to the shape of the 12 Minute Avenue parcel,the shape of the single- family 1920 era dwelling,and its location on the land,specifically affect this land and structure but does not affect generally the R-3 zoning district in which it is located. A literal enforcement of the provisions of Section 2, Paragraph 2.37.1 would involve substantial hardship,financial and otherwwise,to the petitioner. The Board finds that there was no written or spoken opposition to the revised building plans. The Board finds that the revised- addition building plan maintains the character of the existing stiuCture and is within the R-3 setbacks. The Board finds that desirable relief may be granted in this instance without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Sections 4,Paragraph 4.121.17 and 9, Pamr1og h..91 of the Zoning ,.. _ . Bylaw and that the grantnng of flus Special Permrt,.fox a Family Suite at 12 Minute Avenue,is an appropriate locution for a rear Family Suite addition. The Board finds that this use,as developed by the revised building&site plan,will not adversely affect the neighborhood. Also,the applicant has agreed to screen the north side abutter. There will be no nuisance or serious hazard to vehicles or pedestrians because there is offer parking available for 4 vehicles. Adequate and appropriate facilities are provided to the existing single-family dwelling and will be for the provided for the proper operation of a Family Suite. The proposed addition will not be substantially more detrimental than the eadsdng structure to the neighborhood. Page 2 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com *! f HORTy r o`tfU.o 'sOOp tFiieWA/fi0imeSt iDP t�ita ,. -, �1SSAGNtIsf�'� HOOVER ZONING BOARD Of APPEALS , ASC}�, �c ? (ommunity Development Division Note: 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 and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre,Chairman Decision 2006-015. M60.CP31. Page 3 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 fax 978.688.9542 Web www.townofnorthandover.com ESSEX NORTH REGISTRYDEEDS LAWRENCE, MASS.- -q F.- -a 00 A TRUE COPY: ATTEST RFGISTER OF DEED PLAN OF LAND LOCUS:NO SCALE IN NORTH ANDOVER, MASS. OWNED BY C, KEVIN AND COLLEEN HAMEL- PORTER y�sr��T SCALE. I"=20' DATE.711112006 s, ui p' 20' 40' 60' Q THE ZONING DIST. IS R-3 Scott L. Giles R.P.L.S. w 125'FRONTAGE Frank. S. Giles R.P.L.S. w MINUTE p 25,000 S.F. AREA 50 Deer Meadow Road = vE. 30'FRONT SETBACK North Andover, Mass. Lu 20'SIDE SETBACK MAP 60C PARCEL 29 30'REAR SETBACK N/F BRASSEUR 100.00, ASSESSORS MAP 60C PARCEL 31 LOTS 156-161 INCLUSIVE MAP 60C PARCEL 41 OF PLAN 0360 N.E.R.D. N/F OZA 15,000 S.F. w ) c z o O� 30' "A O i o' Z LO O C7 MAP 60C PARCEL 40 N PROP.ADDITION n N/F CANTY OR m „ D COURT YARD 20' SHED m EXIST HSE. m FND. EXIST. GARAGE 2 SPACES GAR. 2 SPACES #12 100'TO 1 100.00, h HEWETT AVE. MINUTE AVENUE THIS IS TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS IN PREPARING THIS PLAN NORTH ANDOVER THE PROPERTY LINES SHOWN ARE THE BOARD OF APPEALS LINES DIVIDING EXISTING OWNERSHIPS, AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,AND NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. 1H Of SC Q L N 1972 DATE OF FILING: DATE OF HEARING Ju ,_ 1 BOARD OF APPEALS VP- �ops TF d Zaps D BOARD ppAPPEgLS MAY 9 - 2006 BOARD OF APPEALS North Andover Zoning Board of Appeals Regular Meeting Senior Center, 120 R Main Street, North Andover,Massachusetts 01845 Times: Executive Session—7:OOPM Public Hearings Begin-7:30 PM Wednesday, May 10, 2006 Request District #=Members who have heard evidence *=Voted to continue 7:30 PM-CONTINUED HEARINGS: (*Requested continuance to the.Tune 8,2006 Special Meeting) Peter(Pribhu)Hingorani,Trustee Comprehensive Permit B-4 #EM/JL/RB/AM/DW/TURV One Hundred Fourteen Trust *EM/AM/DW for premises at: *EM/JL/RB/AM/DW/TI/RV Turnpike Street(Mai) 106.1),Parcel 63) *EM/JL/RB/AM/DW/TI/RV *EM/JL/RB/AM/DW/TI/RV *EM/JL/RB/AM/TI/RV (*Requested continuance to May 10 meeting) Louis P. Minicucci,Jr.,Trustee Special Permit R-4 #EM/JL/RB/DW/TURV/DB Essex Realty Trust *EM/JL/RB/DW/TI/RV/DB for premises at: *EM/RB/TI/RV/DB 223 Pleasant Street *EM/JL/RB/DW/TI/RV/DB *EM/JL//DW/TI/DB *EM/JL/RB/AM/D W/TI/RV/DB (*Requested continuance to May 10 meeting) Michael Foraste Variance R-1 #EM/JL/RB/AM/DW/TI/RV/DB 990 Forest Street *EM/JL/RB/AM/DW/TI/RV/DB (*Requested continuance to May 10 meeting) John D. Sullivan,III Variance R-3 #EM/JL/RB/AM/DW/TI/RV/DB 415 Salem Street *EM/JL/RB/AM/DW/TI/RV/DB (*Requested continuance to May 10 meeting) Kevin&Colleen Hamel-Porter Variance&Special Permit R-3 #EM/JL/RB/AM/DW/TURV/DB 12 Minute Avenue *EM/JL/RB/AM/DW/TI/RV/DB PUBLIC HEARINGS: Seng Ea Special Permit R-4 for premises at: 163 Turnpike Street Jose&Josephine Lopez Variance R-3 257 Chestnut Street OLD/NEW BUSINESS: Modification of Variance&Special Permit 020-2000 at 20 Dewey Street. Discussion concerning ZBA participation Zoning Bylaw sections of Town Warrant. Approval of Atty. Mark Bobrowski as ZBA's legal consultant for Merrimac Condominiums. Note: Matters may be called out of order and not as they appear on the agenda. Deliberations and vote on any issue taken under advisement may take place later in the meeting after the conclusion of the hearing and other matters listed on the agenda. "All interested parties are invited to remain to the end of the meeting". May 10,2006 Page I of I North Andover Zoning Board of Appeals, 1600 Osgood Street,N.Andover MA 01845 phone 978-688-9541 fax 978-688-9542 l HP Fax K 1220xi Log for NORTH ANDOVER 9786889542 Jul 26 2006 8:20am Last Transaction Date Time Tyg Identification Dura i n Pages Re u t Jul 26 8:19am Fax Sent 9786889557 0:00 0 No answer i I s : o : . � Q w i jIt i Ell DEl- C, - ' . QQ ... � mr w�_Q H - - — �0z C) / M I Ln � N i PUT i i i. I � -- t - -- - - - i 1 JUL 1 0 2006 41 ROAD OF A PEALS E� A -O 4 ' C�l . ' J >e AQE,A OueT j4, o - O O O --- OLLJ LLI Ooo L, > U9 � uj Lu Q cn m ---- Z' LLI > 7'N �OoQ i.,-- Z It : - - . o 0 0 0 pORTFi o`<�``� ;•e�'ooL Town Clerk Time Stamp RECEIVED A�",AT70 1 .1 � � 2006 JUN 14 AN 10: 13 �` & ACHUSfc ZONING BOARD OF APPEALS + y i" Community Development Division MASS A C Date Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting o€a Variance Special Permi omprehensive Permit(4013) Finding for properly located at: STREET: Y r t 1144 �� 0P.n Q t, MAP: l0 PARCEL: 31 TOWN: h jj t)e TO MEETING DATE(S): (9D NAME OF PETITIONER: Signed: Petitioner(or petitioner's representative) ,. D 2006 1600 Osgood Street,North Andover,Massachusetts 01845 BOARD Or APPEALS Phone 918.688.9541 Fax 918.688.9542 Web www.townofnorthandover.com pf,,OPT..,,. Town of North Andover Town Qerk Time Stamp Community Development and Services Division RFCEIVED Office of the Zoning Board of Appeals TOWN �'_ F'�:'S 0 10E ' ' '"�•"'`' 1600 Osgood Street,Building 20,Suite 2-64 �JSCNS�� North Andover, Massachusetts 01845 2006 MAY 12 AMI 10: 24 Gerald A. Brown Telephone (978)688-9541 Fax 978 688-9542 T w Inspector of Buildings ( ) .,•,:;-, 14ORTH Atilt: Y.t Date Kv, )o , �-O[)A TO: Town of North Andover Zoning Board of Appeals , 400 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover , Zoning Board of Appeals to make a decision regarding the granting of a Variance S ecial Pe 't Comprehensive Permit(40B) Finding for property located at: STREET: ) 2 -- MAP: MAP: 6 D , Cl- PARCEL: TOWN: _�l lI�r d oer TO MEETING DATE(S): L4 iq e - NAME OF PETITIONER: )C-aviN Petitioner(or petitioner's representative) 1. 0 2006 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 OQARD OF APPEALS Town of North Andover Town©erk Time Stamp o? a Community Development and Services Division ' Office of the Zoning Board of Appeals RECEIVED a^',� 4oU Osgood Street TOWN CL RK'S O F`1C�r 7J74CX�9� North Andover, ;Massachusetts 01845 Gerald A. Brown Telephone (978)688-9541 2006 APR 13 AVi 9' 59 Inspector of Buildings Fax (978)688-9542 TO N; (i;r '�; V NOR T H ANiwOVf.; MASS ACLHUSS'; Date TO: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of'a.' Variance S ecial Permit Comprehensive Permit (40B) Finding forP roperty located at: STREET: ,_l'1► ,� , til MAP: (_T/ �� PARCEL: ) 3 L TOWN: r�r lig TO MEETING DATE(S): �` tm NAME OF PETITIONER: ✓► h L,o 40tktl &r�e r Signed' Petitioner(or petitioner's representative) f 1 ���a d1Wkppeals 978-688-9541 Building 978-688-95 45 Conservation 978-688-9530 l lealth 978-C,88-9540 Ylannmg 97R-fi8R-9535 TO: OFFICE OF ZONING BOARD OF APPEALS COMMUNITY DEVELOPMENT AND SERVICES DIVISION FROM: WILLIAM CANTY SUBJECT: 12 MINUTE AVE FAMILY SUITE CONSTRUCTION 1) With respect to the variances applied for by the above listed dwelling, my name is William Canty and I reside with my family at 42 Hewitt Ave, North Andover. I am a life long resident of North Andover, and have spent the past 14 years at my present address. I would like it known that I get along very well with my neighbors at 12 Minute Ave and that my objection to this project is in no way personal towards them. 2) Hewitt Ave, Minute Ave and the surrounding streets have small lots and privacy is at a premium. I have looked at the plans put before the Board tonight and have the following conclusions: A) the actual construction size of the addition appears to be greater than the allowed 25% actual living area of the existing home as required. I'm sure that when the Town allocated no more than 25%to be built, that that number was for good reason. (or 1200 sq.ft.) B) also, in keeping with the language of restrictions of Family Suites,by looking at the plans it is clear that this structure certainly does not maintain the appearance of the building as a single family dwelling. It has the appearance of two single family dwellings, the proposed structure attached to the existing dwelling at the left rear corner and extending into the back yard. C) from my property line, there is a clear view at the new proposed structure as there is no buffer zone, (trees/bushes), only a four foot fence of which the new structure would be clearly visible from my residence. I personally believe, for this reason and the above listed reasons, that the property value of my home would decrease. Respectfully submitted, William C. Canty d APR 1 12006 BOARD OF APPEALS a�6�0 t RECEIVED { -TD'S?! CI..E~RK'S Of'f"iC NOF NORTH ANDOVER VARIANG ER 16 PPS 4: 26 TOW ZONING BOARD OF APPEALS T13Yf C:r W0p , 0ff;;`.,; E� NAME: ^ Ybwri 4}lerk'_lae�Stamp ADDRESS OF APPEAL: ' Procedure & Requirements for an'Application for a Variance Ten (10) 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: of Appeals schedules the Failure to submit the required information within the time applicffice ant forringhearing date a the-Zoning Board d pr pa es the legal notice periods prescribed may result in a dismissal by the far mailin to thearties in interest(abutters)and for Zonin .Board of an application as incom tete. publication in the newspaper. The petitioner is notified The information.-herein is an abstract of more that the legal notice has been prepared and the cost of specific requirements listed in the Zoning Board the Party in Interest fee. Rules and Regulations and is not meant to 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 of the Zoning Board of Appeals and delivers the legal notice STEP 4: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers to the local newspaper for publication. a Zoning Bylaw Denial form completed by the-Building STEP 8: PUBLIC HEARING BEFORE THE ZONING Commissioner. BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM:. The petitioner.should,appear in his/her behalf, or be represente Petitioner completes an application form to petition the d'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 the information it has received to date. completed. STEP 9: DECISION: STEP 3: PLAN PREPARATION: After the hearing, a copy of the Board's decision will be Petitioner submits all of the required plan information as sent to all Parties in Interest. Any appeal of the Board's cited in page 4, section 10 of this form. 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 ten(10)Xerox the decision,the Mylar, and any accompanying plansat the Essex County, North Registry of Deeds, 381 copies of all the required information to the Town Clerk's Common St., Lawrence M e and shalt complete the Office to be certified by the Town Clerk with the time and Certification of Recording form and forward it to the date of filing. The original will be left at the Town Clerk's Zoning Board of Appeals and to the Building Department. Office, and the 10 Xerox copies will be left with the Hing Board of Appeals ysecretary.............................................................. .. ................ ..............._....,........................................... North Andover Town Hall AIT PHONE NUMBERS: 120 Main Street 78-68�95Office of Community Dev. &Services 978-688-9501 Town Clerk's Office cta d 400 Osgood Street, North Andover, MA 978-688.9566 Assessor's Office �--� LL 01845 (9_7)8-6954hb fax for Community Development offices PAGE 1 of 4 99.78-68J-954(5'7 Building Departmentealsoffice �g7 �s8�8-954m Zoning Board of App 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 Front Side A Side B Rear Sq.Ft. Sq. Ft. Coverage Feet Spaces 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 I S WO i A 1(,3 l uO L4 5 ZO - 9 -a-8 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 a 5 000 14 3o 20 z.6 -a-0- 7A. Existing Building(s): Number Ground Floor Number of Height Total Use of of Units:** Square feet Floors Sq. feet Building* 9a5 = 1yaco SihC, �e R V71I�-:Y t4c)QW.. 1 q is -ra rad *Reference Uses from the Zoning Bylaw&Table i.. **State number of units in building(s). 713. Proposed Building(s): Number Ground Floor Number of Height Total Use of of Units** Square feet Floors Sq.feet Building* L.Q w 5 u r-G- �-- *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 App rY application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting eals documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of App 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 Zonin Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete: .Siqnatwv5--4�- Type.above names here: ev- �/ 17 Wig E L--PUPIETC PAGE 2 OF 4 j F E NORTH ANDOVER ZONING BOARD OF APPEALS application for a v ARIANC G [P:1:6:8�—s—scompleft all items 1 .10 betow: 1. Petitioner: *Name, 'Address and.telephone number: co I le""'j 144, vn-e l_ - 10oa-7-e..r Ct-1 6Lo� *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: 1 e0 I a r\d i s M I N S re A Jc 069 � Years Owned Land: 3. Location of Property: a. Street: N Wu n= A✓i:�- Zoning District: R 3 b. Assessors: Map number: Lot Number: c. Registry of Deeds: Book Number: 8-7-79 Page Number: :3o 4. Zoning Bylaw Section(s)* under which-the petition for the Variance is made. 2 3? I �-Wr►� I �r S v i rg X40 o 1 n,� i A1 `Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. S. Describe the Variance request: 1'o(L 17a E)47� Tl�n/ �`/° off- 7 L2oss L,)v i iv b t9n 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 addltiorialitems ndt lncluded above: 6 A. Difference from Zoning Bylaw requirements: indicate the dimensions)that will not meet current Zoning Bylaw Requirements..:{Lines A and B are in case of a lot split) AL(_ Lot Area -.Open.Space Percentage Lot Frontage Parking Sq. Ft. -Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. B. %° PAGE 4 of 4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Variance must be supported by a. n Size of plan: Ten(10 ) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Variance In One(1) Mylar., from the requirements of MGLA ch.40A, Sec. 10..4 and Qn Plan prepared by a Registered Professional the 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,A-F,are required to be Mylar. addressed with this application. *10 C. *Features To Be Indicated On Plan: A. The particular use proposed for the land or 0 Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions,shape 2. zoning district (s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if.applicable) sought which do not affect generally,the.zoning 5. abutters of property,within 300' radius district in which the property is located. 6. locations of buildings on adjacent properties C. Facts which.make up.the substantial hardship, within 50' from applicants proposed structure financial or otherwise,which results from literal 7. deed restrictions, easements. enforcement of the applicable zoning restrictions m Legend&Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance is sought. 2. Existing features to be removed in dashed lines D: Facts relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. 5. Title of Plan E. Facts relied upon to support a finding that relief 6. Names addresses and phone numbers of the sought may be given without nullifying bf applicant,owner or record;and designer of substantially derogating from the intent or purpose surveyor. of the Ordinance. 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 11. APPLICATION FILING FEES be accompanied by the following described plan. Plans 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- prior to the public hearing before the Zoning Board of #022-1760-4841"for the cost of first class-, certified, appeals. return receipt($4.42 as of November 2003)x#of all parties in interest identified in MGLA ch. 40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also,the Architect may be required when the application applicant shall supply first class postage stamps involves new construction/conversion/and/or a (currently 37¢)x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing.. 10. A. Major Projects 11. 13. Mailing labels: Applicant shall provide four(4) ��Allajor projects-are those, which involve one of the sets of mailing labels no larger than 1"x2-5/8" (3 copies following whether existing or proposed: for the Legal, and one copy for the Decision mailing). I)five (5) or more parking spaces, 11. C. See 2005 Revised Fee Schedule. H)three (3) or more dwelling units, III)2,000 square feet of building area. 0- A Variance once granted by the ZBA will lapse in Major Projects shall require, that in addition to the 10B & 1 (one)year if not exercised and a new petition must 10C features, that the plans show detailed utilities, soils, be submitted.A and topographic information. PLAN OF LAND LOCUS:NO SCALE 1N NORTH ANDOVER, MASS. OWNED BY KEVIN AND COLLEEN HAMEL- PORTER tiFST�� SCALE: 1"=20' DATE:211312006 r sT 3/7/2006 ui 0' 20' 40' 60' ui THE ZONING DIST. IS R-3 Scott L. Giles R.P.L.S. '- 125'FRONTAGE Frank. S. Giles R.P.L.S. w MINUTE o 25,000 S.F.AREA 50 Deer Meadow Road z AVE. 30'FRONT SETBACK North Andover, Mass. J 20'SIDE SETBACK MAP 60C PARCEL 29 Q 30'REAR SETBACK N/F BRA SSEUR g 100.00, ASSESSORS MAP 60C PARCEL 31 LOTS 156-161 INCLUSIVE MAP 60C PARCEL 41 OF PLAN 0360 N.E.R.D. N/F OZA 15,000 S.F. b 0 4 c Z o � � o 0 LOco 26.33' o MAP 60C PARCEL 40 C N/F CANTY PROP. m ADDfT1ON PROP.DECK 29' C SHED 20' r n FARMERS PORCH -26' EXIST. HSE. m FND. EXIST. GARAGE 2 SPACES GAR. 2 SPACES #72 100'TO 100.00' HEWETT AVE. MINUTE AVENUE THIS IS TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS IN PREPARING THIS PLAN NORTH ANDOVER THE PROPERTY LINES SHOWN ARE THE BOARD OF APPEALS LINES DIVIDING EXISTING OWNERSHIPS,AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,AND NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. ��P�tt► OF � L � ( N so 72 e DATE OF FILING: fGJST5Q ��aqt LAS 9 DATE OF HEARING DATE OF APPROVAL: �6 � i -fir : .......... Es - - - - : : �lot7t�_—' ; i II ICI Q'9' rL _ I . . _ 817 -- _ - fi ! -- _- � .� �� �� t-+ou-lam_. _. _ - va , , y-1�ZIQ�{-;-•.:- 74- ........ - ------ �7 --Ti LL- O -- -_ a Nno0.j. 1 ! ry I , -�- -74' —41 I IIS-I�Z Mar 14 06 09: 23a NORTH ANDOVER 9786889542 p. 2 ,.ATM Zoning Bylaw Denial ` Town Of North Andover Building DepartMOnt ' --= 400 Osgood SL North Andover,MA.01846 Gi�stiiwlt`�`. Phone 97111-499-91W Fax 976-054642 Street12 Mi ni3tP Ave. 1 ! t 60.C/31 Applicant Kevin _ KeqMTq; Family suite Date: 3-10-06 Please be advised that after review of your Application and Pfans that your Application is DENIED for the following Zoning Bylaw reaso+is: Zoning R-3 16NM Notes Item Notes A Lot Area F Frontage 1 Lot area insdent 1 uffiFm a Ittsirfficient 2 Lot Area Preexists yes 2 Fron a C49riplies 3 Lot Area Complies 3 Preexists fro e 4 lnsuFfident Information 4 Insuffiderd Information B Uae S No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Com ieS 1 Special Permit Required VP q 3 Preexists CBA es S Insufficient Information 4 Insufficient Information C Setback }i Building Height 1 All setbacks comply 1 He M Exceeds Maximum 2 Front Insufficient 2 Com iea 3 Left Side Insufficient 3 Preexistft Height 4 R' ht Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Covwage 6 Preexist setbacks es 1 C0Ver8g2 exceeds maximum 7 Insufficient Information 2 coverage Complies D Wilw2hed 3 Coverage Preexisting yes 1 Not in Watershed yes 4 Insufficient Information 2 In Watershed d Sign N A 3 Lot prior to 1004194 1 Sign not allowed 4 Zone to be Deternined 2 Sign Complies S Insufficient Information 3 1 Insufficient Information E Historic District K Parking N/A 1 In Distric#review required 1 More Parking Required 2 Not in district yes 2 Parks Com les 3 insufficient information 3 Insufficient Informatian 4 Pre-existl2g Parking Remedy for the above is checked below. Item* 1 Special Pennifs Planning Board teem IF Variance Site Plan Review Special Permit Setback Variance Access other then Frontage S Permit Parking Variance Frontage E=eption Lot Special Pemrft Lot Area Variance Common Driveway Special Permit Hes M Variance Congregate Housing Special Permit Variance for Sign CoriUnuing Can Retirement Special Permit Special Permits Zoning Board Ind dent Elderly Housing Permit Special Permit Non-Conforming Use ZSA Espace Condo SWAW Permit Earth RernowalSpecial Permit ZBA Planned District Spocial Permit Special Permit Use not Listed but Similar Planned Residential S Pertnk B-4 Specie I Permit for R-6 D-aty Spw.W permit Special Permit preexisting nonconlormin Watershed SPecial Permit The above review and aftchw owbnoban d arch k based an the pw a aro Ytfom4e m su6r fta No derinitiw raviaw end or advko shah be basad an verbet a�iatatiorts by*a appimt nor ar M such verbal wpk ruWm by the applocrt omw to Wanda deliratira ansrrre b the aboea raeeare for f>a11AL Any Y%=Ya=w,;nW adkv Inca,,wdm or artier subesq wit dwgr to 0w irtarmailm aubrnMl 'by tits appNcart ehd be grorrda for via rwrw a be voldd a the diacnWm d bra Brdldap 04PNI m t The a bd ad dxuatwit tbW qv n RvAm Na mdW shell be atbdrd I and iecorpomW harain by rslerence.The h kft dapatme it evil ratairr all pbita aid doasrrarti Won for to above fie.You must f W a new building permit ap*16m term and be*tlr priftt0 P►oora Building Depart nentofficial Signature Application Received Application Denied r meal Sent If Faxed Phone Namh#qr/lite• Mar 1-4 06 09: 23a NORTH ANDOVER 9786889542 P. 3 Pian Review Narrative The following narrative Is provided to further explain the reasons for denial tor the application/ permit for the property Indicated on the reverse side: i11Mq ftesso s iW Do" ROM mwo B-4 A Special Permit through the Zoning is required - of the Z0,1ng_Bylaw for a pre-existing, non-conforming pre- existing, non-c ' '.n .a.rder to _build was Referred To: Fire I Henn Police X Zoning13oerd qn rtmag of Public Worla Plannin Histnriaal commissbn Other BUILDING DEPT 04/05/2006 09:17 FAX 9786698720 HART NE REALTY 0003/003 Kevin and Colleen Hamel—Porter 12 Minute Ave North Andover,MA 01845 9—Written documentation—Variance We are proposing an addition to our home at 12 Minute Ave for the purpose of having my mother in.law and father in law,Donald and Susan Guthrie move back to North Andover and live with us and their grandchildren. Minute Ave is a dead end street off Hewitt Ave. and has only 2 homes on it.There is no through traffic. The specific site is 15,000 square feet and the proposed addition meets all the setback requirements of the R3 zoning district.We are requesting a variance from 2.37.1 because that section would only allow for a 462 square foot addition, (25%),which would be an inadequate amount of living space and would,as such,create a hardship. We would like to respectfully request the ability to construct a 986 square foot family suite,with a loft,which would allow for enough space for my in laws to live comfortably without being imposing. We believe that the proposed addition as designed is in harmony with the neighborhood as well as our current home. Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) 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." Subject Property: MAP PARCEL Name Address 60.0 31 KEVIN HAMEL-PORTER 12 MINUTE AVENUE,NORTH ANDOVER,MA 01845 Abutters Properties Map Parcel Name Address 60.0 44 Madeline Hennelly LR3 Chestnut Street,North Andover,MA 01845 60.0 45 Kenneth Keen IJ11 Hewitt Avenue,North Andover,MA 01845 60.0 46 Edward Gillen L.W Hewitt Avenue,North Andover,MA 01845 60.0 47 Gary Ford LX Hewitt Avenue,North Andover,MA 01845 60.0 48 Sebastian Patane V3 Hewitt Avenue,North Andover,MA 01845 60.0 49 Robert Ryan v6r7 Hewitt Avenue,North Andover,MA 01845 60.0 37 Danile Artone L,66 Hewitt Avenue,North Andover,MA 01845 60.0 38 Edward Manchenton L�58'Hewitt Avenue,North Andover,MA 01845 60.0 40 William Canty v42 Hewitt Avenue,North Andover,MA 01845 60.0 39 Kevin Foley \,.52 Hewitt Avenue,North Andover,MA 01845 60.0 41 N&N Oza Family Trust V80 Hewitt Avenue,North Andover,MA 01845 60.0 57 Ronald Moody X28 Hewitt Avenue,North Andover,MA 01845 60.0 42 Judith Hamden t X Hewitt Avenue,North Andover,MA 01845 60.0 43 Frank Elander LXrrChestnut Street,North Andover,MA 01845 60.0 28 Benjamin Hollins V73 Chestnut Street,North Andover,MA 01845 60.0 29 Judith Brasseur Vt Longwood Avenue,North Andover,MA 01845 60.0 32 Janice Coady L.34 Minute Avenue,North Andover,MA 01845 60.0 33 Robert Sciaudone 1,18 Rosedale Avenue,North Andover,MA 01845 60.0 7&26 Robert Gartside -,11 Longwood Avenue,North Andover,MA 01845 60.0 25 Joseph Doherty \,a9 Longwood Avenue,North Andover,MA 01845 60.0 23 Robert Dawe 1,55 Kent Lane,Apt H307,Nausha NH 03052 60.0 5 Donald Smith 1J7 Chestnut Street,North Andover,MA 01845 60.0 6 Charles Ouellet V&Longwood Avenue,North Andover,MA 01845 60.0 8 David Lanzoni V2"Longwood Avenue,North Andover,MA 01845 60.0 11 Thomas Mannion L,44 Longwood Avenue,North Andover,MA 01845 60.0 12 Robert Garside ki_ul 150 Lor)gwood Avenue,North Andover,MA 01845 1-1 q _06 60.0 27 Deborah Cowan t-:H3 Chestnut Street,North Andover,MA 01845 60.0 52 Edmund Hyder L le Chestnut Court,North Andover,MA 01845 60.0 53 Farideh Tayarani ft�AYR Chestnut Court,North Andover,MA 01845 1- �46 47 5 Donald Rokes 'fe+UVAW Hewitt Avenue,North Andover,MA 01845 q- 6 q ' 06 59 93 Edward Rogers LoAb Chestnut Street,North Andover,MA 01845 This certifies that the names appearing on the records of the Assessor Office as of Certified b Date .__ L PERM TOWN OF NORTH ANDOVER- SPECIAL ZONING BOARD OF APPEALS To Iqc�? CLERK `' OFFICE NAME �rk 41 T � i e Stamp ADDRESS OF APPEAL Procedure & Requirements for �.� , ; 4 ; an Application for a Special Permit Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty(3_,-,)0 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 nd ific for publication in the notified that the legalnnotice has been prepared and the per. The petitioner is requirements listed in the Zoning Board Rules 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 of the Zoning Board of Appeals and delivers the legal receivers a Zoning Bylaw Denial form completed by the notice to the local newspaper for publication. Building Commissioner. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS:The petitioner should appear in his/her behalf, or be Board of Appeals for a Special Permit. All information represented by an agent or attorney. In the absence of as required in items 1 through and including 11 shall be anx appearance without due cause on behalf of the completed. 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 sent to all parties in interest. Any appeal of the Board's STEP 4: LIST OF PARTIES IN INTEREST: decision may be made pursuant to Massachusetts The petitioner requests the Assessors Office to compile General Law ch. 40A sec. 17,within twenty (20)days a certified list of Parties in Interest(abutters). after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: STEP 10: RECORDING THE DECISION AND PLANS- Petitioner submits one (1) original and 10 Xerox copies The petitioner is responsible for recording certification c' of all the required information to the Town Clerk's Office the decision,,Mylar, and any accompanying plans at the to be certified by the Town Clerk with the time and date Essex County North Registry of Deeds, 381 Common of filing. The original will be left at the Town Clerk's St., Lawrence MA, and shall complete the Certification Office, and the 10 Xerox copies will be left with the of Recording form and forward it to the Zoning Board of Zoning Board of Appeals secretary. Appeals and the Building Department.. I QNTT,PHONE NUMBERS: '' 97�688�533u�ffice of Community Dev. & Services North Andover Town Hall N X400 Osgood Street 120 Main Street W ¢North Andover, MA 01845 North Andover, MA 01845 988r9542pfax for all Community Development offices 978.688-9501 Town Clerk's Office C� o978-688-9545 Building Department X978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office �� 0 PAGE 1 of 4 PAGE 2 OF 4 Date & Time Stamp Application for a SPECIAL PERMIT _ .. ��-�=:-.�-_- North ANDDVER-- - - _ PPE BOARD OF ALS _-- -- 1. Petitioner: Name, address and telephone number: i<L V ,ki R,-,A Cal ( 2 p L - P0r-r� t2S M I ti rr- 4 U -1.0,a -- *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: 1 ti1V� = vL Q 7 F3 — Years Owned Land: 3. Location of Property: a. Street: '! w U-a- A Zoning District 3 b. Assessors: Map number_Lot Number: c. Registry of Deeds: Book Number 2 Page Number: 3 O 4. By-Law Sections under which the petition for the Special Permit is made. 4. l zi . t-7 ova LO T- *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building commissioner. 5. Describe the Special Permit request: rz —c,4►�, s� rc. -c ws BALD 14t O Sv l>u r��l E �sgN 0<- 4 LAN L j7%c clan . �rZ- t�2s�►„� $1iV5 "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 3 of 4 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 . .FtSq. Ft. coverage Feet Spaces Front Side A Side B Rear 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 ISocvs� % !oU - 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 25 0u� g/A % 1-a 15 7A. Existing Building(s): Ground Floor Number of Total Use of Number. Square feet Floors Sq. feet Building* of Units*" 9 51nq l,�. FqY1nILY 14oMe *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** 1 /o Low SU1 �— *Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. 8. 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 application shall be filled 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 respon le for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the onin Board Rules and Regulations may result in a dismissal P by he Zoning Board of this application as incomplete. Si natur Type above names here ,r�I SAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Special Permit 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 Special H) One(1)Mylar. Permit from the requirements of MGLA ch. 40A, and the III) Plan prepared by a Registered Professional North Andover Zoning By-laws, all dimensional Engineer andlor 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: I) Site Orientation shalt 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 S. The use is in harmony with the purpose and intent of t 7. deed restrictions, easements. i Zoning Bylaw. ti)Legend S Graphic Aids: 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 +.rnique criteria and submittal 4: Date of Plan r 5. Title of Plan requirements.). 6. Names addresses and phone numbers of the 10. PLAN OF LAND applicant, owner or record, and designer or Each application to the Zoning Board of Appeals shall surveyor. he 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 A. Notification fees: Applicant shall provide a involves new construction/a conversion/and/or a check or money order to: "Town of North Andover- proposed change in use. #022-1760-4841' for the cost of first class, certified, return receipt ($4.42 as of November 2003)x#of all 10 A. Major Projects parties in interest identified in MGLA 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 1)five or more parking spaces, (currently 37c) x the#of parties of interest on the If) three (3) or more dwelling units. abutter's list for the decision mailing. 1.11) 2000 square Leet 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 shat in addition to the above for the Legal mailing and one copy for the Decision features, plans must show detailed utiliti:s, soils, and mailing;. )opoyraphiC information. C. See 2005 Revised Fee Sched! le. -- 3444 A Special Permit once granted by the ZBA will lapse in 2 (two) years if not exercised and a new petition must be submitted. Ff-FF oo*T" ' •'-.0. Zoning Bylaw Denial MOW Town Of North Andover Building Department 400 Osgood St North Andover,MA 01845 Phone 9764894646 Fax 178.6af8.5542 Street 12 Mi niii-P Ma t: 60.C/31 Applicant Kevin & Cnitp- Family suite addition Date: 3-10-06 Please be advised that afW review of your Application and Pians that your Application is DENIED for the foilowing Zoning Bylaw reasons: Zonis R-3 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting yes 2 Frontage Complies 3 Lot Area Complies 3 Preexists fro 4 Insufficient Information 4 Insufficient Information B Use S No access over Frontage 1 Allowed G Contiguous Building Araa 2 Not Allowed 1 I Insufficient Area 3 Use Preexisting 2 Complies 4 S al Permit Required yes 3 Preexisting CBA yes 5 Insufficient Information 4 Insufficient Information C Setback H Building Haigh 1 I All setbacks comply 1 Height Exceeds Maximum 2 1 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Pree)dsfing Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexists setbacks yes 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D tllfabrshed 3 Coverage Preexisting yes 1 Not in Watershed yes 4 Insufficient Information 2 In Watershed d Sign N A 3 Lot 1xior to 10/24/94 1 Sion not alkmwed 4 Zone to be Determined 2 Sion Complies 5 Insufficient information 3 Insufficient Information E Historic District K Parking N/A 1 In District review required 1 More Parking Required 2 Not in district yes 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 1 Pre-existing Parking ROff*dy for the above is checked below. lam i SPecial Permits Planning Board lam 0 VariMCS Site Plan Review Special Permit Sdback Variance Access other than Frontage Special Permit Parldng Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congroade Homing Special Permit Variance for Sign Continuing Can Retirement Spacial Permit Special Permits Zoning Board Ind dant Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Lar a Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Dtstrtot Permit Special Permit Use not Listed but Similar Planned Residential Special Permit B-4 S Permitfar family suit- - R-6 Denyty speow Permit Special Permit prewdsting nonconforming Wetaralmad Special Permit The above review ant allachmiaapirytion of such in basad an the plans and infamoilon s&nftd. No deraiitne review and a ice adv *W be basad on varbst.errrsiwe by the appYby the appYrard serve to Provide de k*m erMwws b the above more for DENIAL. Any trrsoeuecies,mislsarlrp ift nada,or otlor subesquerd drwges to tle irrlamraon arboillind by do apprear:still be paella for#a mvirw to be woidall d est diserstion d the &Aging DWwWanL The allachad doasrrwt MM Re bw Mw*4 r'altd be aldclad ltanab avid incapaal.I how by bdldlnp daparlarast M slain d pyre ant dwn wdation for da above Me.You must 1%a now b A ding P1 mit tam and bads tle p� Pia Budding Department Official Signatures Application Received lication Denied penial Sent If Faxed Phnne Nnmherif)ate- 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: loom ftemetM ler Do" 11elMtMlOe B-4 A Special Permit through the Zoning is required f Of the Z^zi4g_By1aw for a pre-existing, non-conforming 1 pre- existing, non-conforming ' '.n,csdel:_tsa _build Referred To: Fire Health Police X Zoning Board ConserAdion Deparbnerd d Public works Planning Historical Commission Other BUILDING DEPT Plain 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: loam IremmM liar Dar" FAIMSOM B-4 A Special Permit through the Zoning is required f a .sper-la-1- Parmif from of the�Z�;��Yn?g_Bylaw for a pre-existing, non-conformin pre- existing, non-conforming .n_ordeX_ta .build Proposed m. Referred To: Fire HWm Police x Zoni Board Conservation Depwbnwt of Public Works Planning Historical Commission Other BUILDING DEPT 04/05/2006 09:17 FAX 9786898720 HART NE REALTY 0 002/003 Kevin and Colleen 14amel—Porter 112 Minute Ave North Andover,MA 011845 9—Written documentation—Special Permit We are proposing an addition to our home at 12 Minute Ave for the purpose of having any mother in law and father in law,Donald and Susan Guthjie move back to North Andover and live with us and their grandchildren. Minute Ave is a dead end street off Hewitt Ave. and has only 2 homes on it. There is no through traffic. The specific site is 15,000 square feet and the proposed addition meets all the setback requirements of the R3 zoning district.We are respectfully requesting 2 special permits because our home is a pre existing non conforming structure and family suites are not allowed in a R3 zoning district. We believe that the proposed addition as designed is in harmony with the neighborhood. Our intent was to make the structure as unimposing as possible and I believe we have ' achieved that. I I Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) 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." Subject Propertv: MAP PARCEL Name Address 60.c 31 KEVIN HAMEL-PORTER 12 MINUTE AVENUE,NORTH ANDOVER,MA 01845 Abutters Properties Map Parcel Name Address 60.0 44 Madeline Hennelly 53 Chestnut Street,North Andover,MA 01845 60.0 45 Kenneth Keen 21 Hewitt Avenue,North Andover,MA 01845 60.0 46 Edward Gillen 27 Hewitt Avenue,North Andover,MA 01845 60.0 47 Gary Ford 31 Hewitt Avenue,North Andover,MA 01845 60.0 48 Sebastian Patane 39 Hewitt Avenue,North Andover,MA 01845 60.0 49 Robert Ryan 57 Hewitt Avenue,North Andover,MA 01845 60.0 37 Danile Artone 66 Hewitt Avenue,North Andover,MA 01845 60.0 38 Edward Manchenton 58 Hewitt Avenue,North Andover,MA 01845 60.0 40 William Canty 42 Hewitt Avenue,North Andover,MA 01845 60.0 39 Kevin Foley 52 Hewitt Avenue,North Andover,MA 01845 60.0 41 N&N Oza Family Trust 30 Hewitt Avenue,North Andover,MA 01845 60.0 57 Ronald Moody 28 Hewitt Avenue,North Andover,MA 01845 60.0 42 Judith Harnden 24 Hewitt Avenue,North Andover,MA 01845 60.0 43 Frank Elander 67 Chestnut Street,North Andover,MA 01845 60.0 28 Benjamin Hollins 75 Chestnut Street,North Andover,MA 01845 60.0 29 Judith Brasseur 5 Longwood Avenue,North Andover,MA 01845 60.0 32 Janice Coady 11 Minute Avenue,North Andover,MA 01845 60.0 33 Robert Sciaudone 18 Rosedale Avenue,North Andover,MA 01845 60.0 7&26 Robert Gartside 31 Longwood Avenue,North Andover,MA 01845 60.0 25 Joseph Doherty 39 Longwood Avenue,North Andover,MA 01845 60.0 23 Robert Dawe 55 Kent Lane,Apt H307,Nausha NH 03052 60.0 5 Donald Smith 87 Chestnut Street,North Andover,MA 01845 60.0 6 Charles Ouellet 16 Longwood Avenue,North Andover,MA 01845 60.0 8 David Lanzoni 2 Longwood Avenue,North Andover,MA 01845 60.0 11 Thomas Mannion 44 Longwood Avenue,North Andover,MA 01845 60.0 12 Robert Garside 50 Longwood Avenue,North Andover,MA 01845 60.0 27 Deborah Cowan 113 Chestnut Street,North Andover,MA 01845 60.0 52 Edmund Hyder 18 Chestnut Court,North Andover,MA 01845 60.0 53 Farideh Tayarani 28 Chestnut Court,North Andover,MA 01845 47 5 Donald Rokes 67 Hewitt Avenue,North Andover,MA 01845 59 93 Edward Rogers 45 Chestnut Street,North Andover,MA 01845 This certifies that the names appearing on the records of the Assessor Office as of Certified b Date : I �! IF 14 Fp _ar�e►7�a_N-- --_— IT -- 02�Liaov Iia d_ WIG 2lCI r -- - V1MO " j 111 -77 i Ll v CD - - _ Al l PLAN OF LAND LOCUS:NO SCALE IN NORTH ANDOVER, MASS. OWNED BY KEVIN AND COLLEEN HAMEL- PORTER y�STa SCALE: I"=20' DATE-2/13/2006 vT sr 3/7/2006 U 0' 20' 40' 60' Q Q Scott L. Giles R.P.L.S. THE ZONING DIST. IS R-3 w 125'FRONTAGE Frank. S. Giles R.P.L.S. w MINUTE p 25,000 S.F.AREA 50 Deer Meadow Road = AVE. o North Andover, Mass. 30'FRONT SETBACK J 20'SIDE SETBACK MAP 60C PARCEL 29 Q 30'REAR SETBACK N/F BRA SSEUR 100.00, ASSESSORS MAP 60C PARCEL 31 LOTS 156-161 INCLUSIVE MAP 60C PARCEL 41 OF PLAN 0360 N.E.R.D. N/F OZA 15,000 S.F. CqV m 0 0 4 c o � n Z 26.33' o MAP 60C PARCEL 40 n N/F CANTY PROP. 1 j ADDITION DECK .. 29' SHED 20' FARMERS PORCH m m _26' __ C EXIST. HSE. m FND. EXIST. GARAGE 2 SPACES GAR. 2 SPACES #12 goo'To 100.00` LO HEWETT AVE. MINUTE AVENUE THIS IS TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS IN PREPARING THIS PLAN NORTH ANDO VER THE PROPERTY LINES SHOWN ARE THE BOARD OF APPEALS LINES DIVIDING EXISTING OWNERSHIPS,AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,AND NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. 00 OF 3972 DATE OF FILING: sr �FCr�ERE� ���AL CAtN 9v DATE OF HEARING- DATE OF APPROVAL: 1 ` opt!124 10 M�M A Certain palsksel of tend, wig% tko beilalia;s 11116tr808a Itili581041 Is said vot.t,lt Aftdv■asr< 3a 9414 !]e owtp a*d Oe=asaadtek. bolas lots ouslse►teed 154i 13f: 134, 3990 3db and Xdl on Plan *I 021isralUtF laika records$ is >lesex Oaestf Sort% Ustriaat Registry of 3106da are plies !0940, aOtd lots tasksm todetwor Ore lei► S40d Ong daeeartt 04 of #ol<ltra� aovkbioeil► 130 t1mart by lots estesborel 101, 193, 194. 193M 306 4*4 ` . 197 on said plaint ` x4sevely 146 fast by lot 4162 es raid PlAvi foutbarly 130 toot by Maplewood aioenve 0a raid pxast 0194 1#vetoclg 140 Seat by wise&* dtuott, sav ksovi . an Minute Aveave l`O4stbrear tostaisins tspopo Oquave Soot scooarAUS to said Alae fxs�, Eoind tine sent prosim es aosv,syad to as b7 #te4e of AWIme Astit F 044 mattbaw J. jaeoe o 0190 kaoslt as Na gtbew da sbas, Jt. , dated Jull IS, 1980 ADD $'I 404d of tiff Iaad ''anaffi a o dat*A Avkast 13. 1f3 0 both of said deeds to bo **069440 hvr+evitb. 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