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HomeMy WebLinkAboutMiscellaneous - 134 MABLIN AVENUE 4/30/2018 (4) 134 MARLIN AVENUE 210/006.0-0058-0000.0 DECiSION r b i t10RTF� of 0 O L RECEIVED JOYCE BRADSHAW * TONIN CLERK :-• �y NORTH ANDOVER 'is NORTH HUS�� TOWN OF NORTH ANDOVER 2000 OCT 20 A 8; 52 MASSACHUSETTS BOARD OF APPEALS Any appeals shall be filed NOTICE OF DECISION within(20)days aftkr the Year 2000 date of filing of this notice Property at: 134 Mablin Avenue in the office of the Town Clerk. NAME: Kenneth Campisi DATE:10/16/2000 ADDRESS: 134 Mablin Avenue PETITION: 032-2000 North Andover,MA 01845 HEARING:9/12/2000&10/10/2000 The Board of Appeals held a regular meeting on Tuesday, October 10th,at 7:30 PM upon the application of Kenneth Campisi,134 Mablin Avenue,North Andover,MA for a Variance from Section 7, Paragraph 7.3, for a front and rear setback in order to reconstruct existing dwelling of one bedroom,kitchen, 1 '/2 baths,laundry room, living room and wrap around porch. Petitioner is requesting a Special Permit from Section 9,Paragraph 9.2 to alter a pre-existing non-conforming structure on a non-conforming lot. The following members were present:William J.Sullivan,Walter F.Soule,Raymond Vivenzio,Robert Ford and John Pallone. Upon a motion made by Walter F. Soule and 2nd by John Pallone the Board voted to GRANT a dimensional variance for relief of a front setback of 9'and relief of a West side setback of 2.6',and relief of a rear setback of 25.2' and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the zoning bylaw. Voting in favor: William J. Sullivan,Walter F. Soule,Raymond Vivenzio, Robert Ford,and John Pallone. Upon a motion made by Raymond Vivenzio and 2nd by John Pallone the Board voted to GRANT a Special Permit to allow for renovation of more than 25%of existing structure up to 1800 s.f.,according to the Plan of Land by: John M. Abagis,PLS., #35773, 137 Chandler Road,Andover,MA,revised date: 9/19/2000. Voting in favor: William J. Sullivan, Walter F. Soule,Raymond Vivenzio,Robert Ford,and John Pallone. The Board finds that the applicant has satisfied the provision of Section 9,Paragraph 9.2 of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming structure to the neighborhood. 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from theterms of this Zoning Bylaw where the Board finds that owingto circumstances relating to soil conditions,shape,or topography of the land or structure and especially affecting such land or structures but not affecting generally the zoning district in general,a literal enforcement of the provisions of this bylaw will involve substantial hardship,financial or otherwise,to the petitioner or applicant,and that desirable relief may be granted without substantially detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. By order ofthe o ' g B and of Appeals, nil/decisions2000/40 William J.Sull' an,Chairman s yam;-SLCp p� r : W" North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 Phone (978)688-9541 Fax(978)688-9542 I Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior ? Center, 120R Main St.,North Andover, MA., on Tuesday the 12a' day of September, 2000 at 7:30 PM to all parties interested in the appeal of Kenneth Campisi, 134 Mablin Avenue,North Andover, MA, for a Variance from the requirements of Section 7, I Paragraph 7.3 of Table 2 for a front and rear setback in order to reconstruct existing dwelling of one bedroom, kitchen, 1 1/2 baths, laundry room, living room and wrap around. porch. Petitioner is requesting a Special Permit from Section 9, Paragraph 9.2 to alter a pre-existing non-conforming structure on a non-conforming lot. A said premises affected is property with frontage on the South side of Mablin Avenue within the R-4 Zoning District. Plans are available for review at the office of the Building Dept., 27 Charles Street,North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals, William I Sullivan, Chairman Published in the Eagle Tribune on August 29, & September 5, 2000. M]Aegalno2000/30 XA C /� Approved by: "- 'D 0 cN .Y� �C.:Lt�O-cEv t�«-m vm�N m: Q/ mmomc� °:dL>"cacYiN°°C ID I'D� 1112,Ta0U>t� j V W.u' « CSD uaiN�°'��v mo to plG90U��m�O�� Cr CC.!=5—u 00 cO N�LOi � w� �dtO��pOp1TQ_mNQ�NCig'4 F� NiDL d.NNQ ypN Q OW96 tT+IOODO`°UCYCT0�2a�L�O°cO nC�pL(n�c6 CEd�yL ��N'� Q•+9 �mDnm mE=�a�'cN��o°N omo Eoa Y=.sro, moa Z Qma- QrmNan-z�noL02>�Lc�°��ac'�m�o°ai°a3i=c��Z� JSC7aL.C=_�;mmm2rFN" WmmEmc°gc�>vw °ogNou)�yftla�'ivj W¢ZN aod°a)� ca Q � c E=0aCL O. > ` 51 ZoN - � c � W OLLLL Cv � < ;o 2 -0)C:@Q my ii North Andover Zoning Board of Appeals ' 27 Charles Street North Andover, Massachusetts 01845 Phone (978) 688-9541 Fax(978) 688-9542 j Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main St.,North Andover, MA. on Tuesdaythe i P da of September, Y P , 2000 at 7:30 PM to all parties interested in the appeal of Kenneth Campisi, 134 Mablin Avenue, North Andover,MA, for a Variance from the requirements of Section 7, Paragraph 7.3 of Table 2 for a front and rear setback in order to reconstruct existing dwelling of one bedroom, kitchen, 1 1/2 baths, laundry room, living room and wrap around. porch. Petitioner is requesting a Special Permit from Section 9, Paragraph 9.2 to alter a pre-existing non-conforming structure on a non-conforming lot. ff I A said premises affected is property with frontage on the South side of Mablin Avenue within the R-4 Zoning District. Plans are available for review at the office of the Building Dept., 27 Charles Street,North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals, William J. Sullivan, Chairman .. I Published in the Eagle Tribune on August 29, & September 5, 2000. 1VI1/lega1no2000/30 Approved by: l� CC) p_td.LO)C 'OCC mNQ >.O my..CCm mQ ca c._ Lr�o cEZm- aEo mo-� oYm m- L moa ter- NommcU. >- c x o� E.u. �ma_LVN ��N� m>E..E RO0m�amVCO.�gNWWEO~ad".NmO�3m��T�mmomm = �acoYEc oQ >a m- rny Lm>po>LL>owLm.g oWo�amvUO O�Jaoc\I>O d�crn° ,atbaAy .i5ami_ . m� NOCDoo LLI .-Ea� rnNw Cz(' �icoNZOW Unt2aONNoc: NE =: mL OOz on�on�ZmoVOZet = 7aLLnNnco O=c _ rnZ�U-5'.Gmco-oro�om ZnmvccD�cmEm od—Vcc mc mn.3_ is CL p60 tZ nm —. � coEog pNu � QZ N oomyN o mQ ) >a mD m;=0E03Q �.owui . .0Iz moi — - 4 NORTN — 1 t 3�O •'e�O ° - RECEIVED • JOYCE BRADSHAW TOWN CLERK � V .o NORTH ANDOVER ,SSgCHUSEt TOWN OF NORTH ANDOVER 2000 OCT 24 A 8; 52 MASSACHUSETTS BOARD OF APPEALS Any appeals shall be filed NOTICE OF DECISION within(20)days aftbr the Year 2000 date of filing of this notice Property at. 134 Mablin Avenue in the office of the Town Clerk NAME: Kenneth Campisi DATE: 10/1.6/2000 ADDRESS: 134 Mablin Avenue PETITION: 032-2000 North Andover,MA 01845 HEARING:9/12/2000&10/10/2000 The Board of Appeals held a regular meeting on Tuesday,October 10th,at 7:30 PM upon the application of Kenneth Campisi,134 Mablin Avenue,North Andover,MA for a Variance from Section 7, Paragraph 7.3, for a front and rear setback in order to reconstruct existing dwelling of one bedroom,kitchen, 1 '/z baths,laundry room,living room and wrap around porch. Petitioner is requesting a Special Permit from Section 9,Paragraph 9.2 to alter a pre-existing non-conforming structure on a non-conforming lot. The following members were present:William J.Sullivan,Walter F.Soule,Raymond Vivenzio,Robert Ford and John Pallone. Upon a motion made by Walter F. Soule and 2nd by John Pallone the Board voted to GRANT a dimensional variance for relief of a front setback of 9'and relief of a West side setback of 2.6',and relief of a rear setback of 25.2' and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the zoning bylaw. Voting in favor: William J. Sullivan,Walter F. Soule,Raymond Vivenzio,Robert Ford,and John Pallone, Upon a motion made by Raymond Vivenzio and 2nd by John Pallone the Board voted to GRANT a Special Permit to allow for renovation of more than 25%of existing structure up to 1800 s.f.,according to the Plan of Land by: John M. Abagis,PLS.,035773, 137 Chandler Road,Andover,MA,revised date: 9/19/2000. Voting in favor: William J. Sullivan, Walter F. Soule,Raymond Vivenzio,Robert Ford,and John Pallone. The Board finds that the applicant has satisfied the provision of Section 9,Paragraph 9.2 of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming structure to the neighborhood. 10.4 Variances and Appeals The Zoning Board of Appeals shall have power upon appeal to grant variances from theterms of this Zoning Bylaw where the Board finds that owingto circumstances relatingto soil conditions,shape,or topography of the land or structure and especially affectingsuch land or structures but not affecting generally the zoning district in general,a literal enforcement of the provisions of this bylaw will involve substantial hardship,financial or otherwise,to the petitioner or applicant,and that desirable relief may be granted without substantially detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. Border �pofthe o n�'ttg Batd of Appeals, William J.Sull' an,Chairman ml/decisions2000/40 dz�L/ Cr15 110 1 ' 2 Zoning Board of Appeals,"Minutes of the Meeting" October 10,2000 her contractors spoke with the Building Inspector and they were told that they did not need a permit to do so. Mrs. Licciardello stated that she hoped the Board was not upset with her. Mr. Nicetta stated that any structure being built requires a building permit. Walter Soule stated that the original plan of land submitted in the application is what the Board is required to vote on tonight. Mr. Nicetta stated that the hot tub was erected without an electrical wiring permit and the electrical wiring required a permit in order for the pool to be grounded. Upon a motion made by Raymond Vivenzio and 2"d by Walter F. Soule the Board voted to deny the original variance request from the requirements of S7, P 7.3 for a proposed addition and for a side setback and rear addition and existing garage setbacks, in order to construct a Florida room with hot tub on a pre-existing structure, because no evidence of hardship relative to circumstance relating to soil conditions, shape, or topography of land or structure and especially affecting such land or structure but not affecting generally the zoning district was ever introduced as described in Chapter 40A, S 10.4 of the zoning bylaw, and that the applicant undertook the work to build the hot tub on said premises while requesting a continuance from the Zoning Board of Appeals, and that no building permit was obtained from the Building Department, therefore, the structure is in violation of the zoning bylaw and was erected without a building permit and without a determination from the Building Inspector, 2nd by Walter F. Soule, voting WJS/WFS/RV/EM, abstained from voting John Pallone. Please note: Robert Ford is now present at 8:35 PM. CONTINUED: Property owner's of Foxwood Drive &Weyland Circle. Raymond Vivenzio read a letter from Attorney Senior requesting a continuance on behalf of the petitioner Foxwood Drive &Weyland Circle. No one was present in opposition. Upon a motion made by Robert Ford and 2nd by John Pallone the Board agreed to allow for a continuance until next month's meeting. Voting in favor: WJS/WFS/RF/EM. CONTINUED: Kenneth Campisi, 134 Mablin Ave. Mrs. Campisi was present and presented a new plan of land. The Board discussed the plan of land and that the addition is more than 25% and is actually 3 Zoning Board of Appeals,"Minutes of the Meeting" October 10,2000 (` doubling the 25% rule. No one was present in opposition. Upon a motion made by Walter F. Soule and 2nd by John Pallone the Board voted to grant a dimensional variance for relief of a front setback of 9' and relief of a West side setback of 2.6 , and relief of a rear setback of 25.2' and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the zoning bylaw. Voting in favor: WJS/WFS/RWRF/JP. Upon a motion made by Raymond Vivenzio and 2nd by John Pallone the Board voted to grant a Special Permit to allow for renovation of more than 25% of existing structure up to 1800 s.f. according to the Plan of Land by: John M. Abagis, PLS, #35773, 137 Chandler Road, Andover, MA revised date: 9/19/2000. Voting in favor: WJS/WFS/RV/RF/JP. The Board finds that the applicant has satisfied the provision of S9, P 9.2 of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming structure to the neighborhood. CONTINUED: Carlo Dello Russo, 12 Elmwood Street. Mr. Dello Russo was present and requested a continuance until the November 14, 2000 meeting and signed a waiver in order to do so. No one was present in opposition. Upon a motion made by Walter F. Soule and 2"d by John Pallone, the Board voted to allow a continuance until the November 14, 2000 meeting. Voting in favor: WJSANFS/RV/RF/JP/(EM). Please note: At this point, Raymond Vivenzio left the meeting for the evening. PUBLIC HEARING: Pyramid Realty Trust, Lots #24 & #25 May Street. Ramsey Bahrawy was present to represent his mother's petition of Pyramid Realty Trust. Atty. Bahrawy's mother is ill and was not able to be present tonight. Robert Ford read the legal notice as petitioner is requesting a variance from S7, P 7.1, & 7.2 for lot dimension and street frontage for the purpose of subdividing lots# 24 and#25 on May Street. Atty. Bahrawy stated that this property was the subject of a previous request from the ZBA in 1983. Atty. Bahrawy stated that in 1987 his mother acquired 2 lots (see plan of land submitted) she understood that the variances were expired and she was told that the variances would be obtained in the future. Atty. Bahrawy i S ZONING BOARD OF APPEALS "MINUTES OF THE MEETING" SEPTEMBER 12,2000 doesn't want to move just because his house is so small. The Board discussed how the living space would be increased by adding a dormer to the house. After some discussion the Board was comfortable with the dimensional increase in living space. Upon a motion made by Walter F. Soule and 2nd by Raymond Vivenzio to grant a Special Permit according to the application p g p cation to allow an addition of P a dormer for construction of 540 s.f. for two bedrooms and a full bath in an existing walk up attic and that the addition will not be more detrimental to the area in accordance with the Plan of Land by; Scott L. Giles, PLS, North Andover, MA#13972, dated: 8/7/2000. Voting in favor: WJSMIFS/RV/RF/JP. PUBLIC HEARING: Kenneth Campisi, 134 Mablin Ave. Raymond Vivenzio read the legal notice. Petitioner is requesting a Variance from S7, P 7.3 for a front and rear setback in order to reconstruct an existing dwelling of one bedroom, kitchen, 1 '/baths, laundry room, living room and wrap around porch. Petitioner is requesting a Special Permit from S9, P 9.2 to alter a pre-existing non-conforming structure on a non-conforming lot. Mrs. Tammy Campisi was present to represent herself and her husband was also present to answer questions. She stated that she owns an existing house on 134 Mablin Ave., and there is also a small existing house that contains 760 s.f. located on the same premises. Mrs. Campisi has elderly parents that need to be cared for and she wants to build a 20'x40' addition to the small house located on the premises to make it a livable home for her parents to retire in. Walter Soule stated that 888 s.f. is indicated on the hand drawn piece of paper and that 670 s.f. of space is indicated for the house with a deck totaling 888 s.f., however the living space is only 670 s.f. Mr. Soule stated that he was not in favor of doubling the size of any house especially with such a large addition. James Timony, 128 Mablin Ave. was present tonight and he is concerned about thear g age that is on the property line and he would like toget an agreement from the Campisi's that theara a will be moved. 9 9 Mr. Della Russo 12 Elmwood Street wa sresent and in p favor of this petition. Mr. Silva 29 Elmwood Street, wasresent and in favor p of the 6 ZONING BOARD OF APPEALS "MINUTES OF THE MEETING" SEPTEMBER 12,2000 petition. Mr. Hennessey, 49 Elmwood Street, was present and in favor of the petition. Scott Karpinski asked if the existing structure would be taken down? Mr. Campisi stated that it would not be totally taken down. Discussion took place between the Board and Mr. and Mrs. Campisi regarding what will be tom down regarding the existing building, the garage, and what is up to the present building code. etc. Chairman Sullivan asked if Mr. Campisi would consider taking down the existing garage and would he take out the deck and add regular stairs? The Board discussed making a site visit. The Board asked Mr. Campisi to have a plan of land made by a professional engineer and submit the plan in time for the next ZBA meeting. The Board instructed Mr. Campisi to bring in a separate drawing drawn by an architect showing a floor plan for the proposed addition. Please note: At the time Mr. Campisi filed an application with the ZBA he was instructed to bring in a Plan of Land and a floor plan. Mr. Campisi submitted a memo stating that he could not afford to do so unless he knew for certain that his request for a variance would be granted (see memo for the record). Upon a motion made by Walter F. Soule and 2"d by Robert Ford the Board voted to continue this petition until next month's meeting, voting in favor: WJS/WFS/RV/RF/JP. Please note: Scott Karpinski left the meeting at 9:00 PM for the evening as he had to return to his place of work to complete a project. PUBLIC HEARING: Roger&Judy Lawson, 16 Dufton Court. Raymond Vivenzio read the legal notice. Petitioner is requesting a Special Permit from S9, P 9.2 for the extension of a non-conforming structure on a non-conforming lot, in order to construct the A frame front dormers and the rear shed dormer to create 2 bedrooms and bathroom. Mr. Lawson was present to represent himself. He presented an architectural drawing showing the dormers and the height dimensions of the dormers. He stated that 'i he is only� y asking to add a dormer In order to create 2 � HORTry Zoning Bylaw Review Form = Town Of North Andover Building Department ' 27 Charles St. North Andover, MA.01845 Phone 978-688-9545 Fax 978-688-9542 Street: 134 Mablin Avenue Ma /Lot: 6/58 - Applicant: Kenneth Campisi Request: Partial demolition of existing dwelling and reconstruct lar er,dwellin Date: August 21,2000 Please be advised that after review of your Application aind Plans.your Application is DENIED for the following Zoning Bylaw reasons: Zoning R-4/Flood Iain District Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient Yes 1 Frontage Insufficient 2 Lot Area Preexisting Yes 2 Frontage Complies Yes 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed Yes G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 1 Front Insufficient Yes 2 Complies Yes 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient Yes 4 Insufficient Information 5 Rear Insufficient Yes I Building Coverage 6 Preexisting setback(s) Yes 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed Yes 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district Yes 2 Parking Complies 3 Insufficient Information Remedy for the above is checked below. Item# Special Permits Planning Board Item# Variance Site Plan Review Special Permit C- Setback Variance 2,4,5 Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit A-1 Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-8 Density Special Permit Other Watershed Special Permit Supply Additional Information A1&2 A special permit is required see over) The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL.Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference.The building department will retain all plans and documentation for the above file. Suildirig Department/Official Signature Application Received Application Denied Denial Sent: ��/s ;,i/moi If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application for the property indicated on the reverse side: r'�rs rr,�i .r rMIM v7���,`oa�h�= A-1&2 A special pe mifis required for the extension of a preexisting nonconforming structure on a preexisting nonconforming lot. Note In R-4 Districts the requirements are 12,500 square foot lot size,30 foot front and rear.setbacks and 15 foot side setbacks. C2,4&5 A variance for front,right side and rear setbacks are required for the proposed addition. Note The subject property is in the Flood Plain District and from my observation it appears to be in the AE zone with a 34 foot level.Without the I I Referred To: Fire Health Police Zoning Board M-E-M-O TO: Zoning Board of Appeals FROM: Kenneth Campisi / ti _. 131loo DATE:. 7/31/2000 Although I was asked by Mary to bring in an elevation drawing and a side elevation of the proposed addition I am unable to do so as the cost is too expensive for me to absorb at this time. My surveyor stated that he was not capable of handling such a task, therefore, am submitting my own drawings and will explain and answer any questions that the Board wishes to ask of me. Thank you for your concern in this matter. i FORM - U - LOT REUAS , FORM INSTRUCTIONS: This form is used to verify that all-necessary approval/permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and or landowner from compliance with any applicable requirements. ..■■•rrrrrr.r.■•rr•■.■...■•.r.••■•rrr■■r■■■rrr■.r......r.r..r.......r...r.■ APPLICANT PHONE q ),g r t,$ 9- ASSESSORS MAP NUMBER _LOT NUMBER c1 SUBDIVISION LOT NUMBER STREET v t- STREET NUMBER OFFICIAL USE ONLY RECONIl1d ATIONS OF TOWN AGENTS DATE APPROVED i S110,0 C NSERVATION ADMINISTRATOR DATE REJECTED CONUv ENTSj- DATE APPROVED TOWN PLANNER DATE REJECTED CONvIMENTS DATE APPROVED FOOD INSPECTOR-HEALTH DATE REJECTED DATE APPROVED SEPTIC INSPECTOR-HEALTH c DATE REJECTED COMMENTS PUBLIC WORKS-SEWER/WATER CONNECTIONS DRIVEWAY PERMIT DATE APPROVED FIRE DEPARTMENT DATE REJECTED CON QAENTS RECEIVED BY BUILDING INSPECTOR DATE MAP 6 LOT 29 NIF N/F PAMELA PELLI50 JAEfR DOMENIC DIfALCO MAP 6 MAP !o LOT 3fo LOT 27 N/F REALTY TR SANTO 6/AIM0 MAP 6t1 . MAP 6 LOT 2!0 110' �J LOT 24 r i NO. 29. N/F MIF 0 NAPOLITWO /s.© MARM D/MARCA a, E REALTY TR MAP 6 t OAR MAP 6 LOT 37 LOT 28 5.4'J 28.9' IV/F ^ w/, NO 31 10.32 ARAN/( 51L 04 Q MAP 6 LOT 10 �Z4 :WD 30.E 2r5. � . 15' ----- IW A RL I ( 40'WI DE AM IG WAY) ROD Ro ¢, S 24.4' N 400300- AREA 5" 7 5005-f! NO-128 31.7' 174 NO. 43 Q"4 F `►` 3 LISPING E REALTY MI. E,r>sr. NO X34 CSAR APPROX. MAP 3 20.1' , dE I caR. Opti/L/NE N/.r LOT 8 NIP ROD , - 15' /00 RO© ;r/, GONY DAME. !OQO' sir MAI:•' 6 PAUL ANDERSON sir 1 z` LOT 57 MAP 3 LOT 9 AUNITY CAMP/ 1 13.7 32.1' '�J MAP 6 NO-M 8 7 L055 . POOL ND.49k6 NO. 99 31.1 /1.5' JVIF ALBERTHA UMARDI (' MAP 6 LOT 56 nr/F AMIlR/CE HEMESSEY MAP 3 LOT 12 AlIF GERALD M�'CARTNEY MAP 3 MAURICE LOT 65 HENNESSY MAP 3 LOT 15 I VIF TOjWN Of FORTH M90YER 3? MAP 3 LOT 16 u5HA W, 45HEEN AIIENZIE NAZ /�16/ `1//���,,�� 4 ! 14 Crr y x WQ., h ti �IVwr} a ? ► M �. Q� ZO r t. V 4 f., t Y) p /�/� .,, �T `�tA. A ` 43 im lad "yR R A`P�P/R!DX �- .r xS► ! 6"`P��,�.'1 � 1�0`,r- �rIMONYJA/IdS,. 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McCARTNfY' MAP 3 H:ENNE`SSY : LQT 65 i r`- 3 TO%VN Of ,5 M NORTH POYER IMAA 3 • •f 01 d o7M�y ' 'Y Zoning Bylaw Review Form Town Of North Andover Building Department ps,....,w.,•s 27 Charles St. North Andover, MA. 01845 �YY1TlO �`• S"`" Phone 978-688-9545 Fax 978-688-9542 Street: 134 Mablin Avenue Ma /Lot: 6158 Applicant: Kenneth Campisi _ Request: Partial demolition of existingAwelling and reconstruct larger dwelling •' Date: August 21,2000 Please be advised that after review of your Application and Plans your Application is DENIED for the following Zoning Bylaw reasons: Zoning R4 / Floodplain District Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient Yes 1 Frontage Insufficient 2 Lot Area Preexisting Yes 2 Frontage Complies Yes 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed YesG Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient Yes 2 Complies Yes 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient Yes 4 Insufficient Information 5 Rear Insufficient Yes I Building Coverage 6 Preexisting setback(s) Yes 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 I Not in Watershed Yes 4 insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required IIS 2 Not in district Yes 2 Parking Complies 3 Insufficient Information Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit C- SetbackVariance 2,4,5 Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit A-1 Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conformin Use ZBA Lar a Estate Condo Special Permit Earth Removal Special Permit ZBA. Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit S ecial Permit for Si n R-6 DensitySpecial Per(T;it Other Watershed Special Permit Supply Additional Information A1&2 A special permit is re uired see over) The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. Building' Department Official Signature Application Received Application i PP on Den ed Denial Sent: ��{� ;-tf77, If Faxed Phone Number/Date: 'I A y Plan Review Narrative The following narrative is provided to further explain the reasons for denial for thea application the property indicated on the reverse side: PP ion for ,N ,you���x ".q 5`� '' � �}#..'ori% �a`��+t�,^iiye-�'��`.-?+'��a��'.;t'':�.+ir3t4 1� Y��`F�i�{t•Frn, y� � iM."..Z�;��Sy. r ;✓f 2 s�t+^�',cA 4 tyy_i,..fLkf's?, ?��' f�. .��tTF � ��5,. �<z'36g�'�k•t���Ftk , tV .`di°t'E++'%{ 'ty �y2s%�",�M.�}�tti < �'- MM'115 0'11 1 iIN* hR A-1&2 A special permit is'required for the extension of a preexisting nonconforming structure on a preexisting nonconforming lot. Note In R-4 Districts the requirements are 12,500 square foot lot size, 30 footfront and rear.setbacks and 15 foot side setbacks. C2,4& 5 A variance for front, right side and rear setbacks are required for r the proposed .addition. Note The subject property is in'the Flood Plain District and from my observation it appears to be in the AE zone with a 34 foot level. Without the II r ealth . - r RECEIVED This Is to h►W*41*►(20)dw .��� ' 0 JOYCE BRADSHAW hmoWp .dl=dwofdm*klktt+.d i� _� TOWN CLERK witll0utrtlpd>tu �7s'+r)4us �y NORTH ANDOVER S�cHUse n OCTTow�rtC111R TOWN OF NORTH ANDOVER .1000 C2ta A 8. 52 MASSACHUSETTS HOARD OF APPEALS Any appeals shall be filed NOTICE OF DECISION within(20)days aftbrthe Year2000 date of filing ofthis notice Property at: 134 Mablin Avenue in the office ofthe Town Clerk. NAIL: Kenneth Campisi DATIEr:10/16/2000 ADDRESS: 134 Mablin Avenue PETITION: 032-2000 Cjl North Andover,MA 01845 HEARING:9/12/2000&I0/10/2000 'n The Board of Appeals held a regular meeting on Tuesday,October 1 Kenneth Campisi,134 Mablin Avenue,North Andover,MA for aVariance froat 7:30 m mon the application Paragraph f 7,3, for a front and rear setback in order to reconstruct existing dwelling of one bedroom,kitchen, 1% baths,laundry room,living room and wrap around porch. Petitioner is requesting a Special Permit from Section 9,Paragraph 9.2 to alter a pre-existing non-conforming structure on a non-conforming lot. The followin members Pallone. B were present:William J.Sullivan,Walter F.Soule,Raymond Vivenzio,Robert Ford and John 1� Upon a motion made by Walter F. Soule and 2t0to by John Pallone the Board voted to GRANT a x dimensional variance for relief of a front setback of 9'and relief of a West side setback of 2.6',and relief o M of a rear setback of 25.2' and that the granting of these variances will not adversely affect the r,; neighborhood or derogate from the intent andymond Vivenziose of the in 1:41 p� Sullivan,Walter F.Soule,Ra g bylaw. Voting in favor: William J.,Robert Ford, zoning John Pallone. Upona motion made by u Raymond Vivenzio and Td by John Pallone the Board voted to GRANT a Special Permit to allow for, � renovation of more than 25%of existing structure up to 1800 s.f.,according to the Plan of Land by:John M.Abagis,PLS,#135773, 137 Chandler Road,Andover,MA,revised date: 9/19/2000. Voting in favor: 0 William J.Sullivan,Walter F.Soule,Raymond that the applicant has satisfied the Vivenzio,Robert Ford,and John Pallone. The Board finds 0, - provision of Section 9,Paragraph 9:2 of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing non-conforming structure to the neighborhood IDA Variances and APIKaI+ NOV 14'00 Hmi$:5.0 The Zoning Board of Appeals shall have power upon appeal to grant variances from thetetms of this Zoning Bylaw where the Board finds that owing to circumstances relating to soil conditions,shape,or topography of the land or structure and especially affecting such land or structures but not affecting generally the zoning district in general,a literal enforcement of the provisions ofthis bylaw will involve substantial hardship,financial or otherwise,to the petitioner or applicant,.and that desirable relief may be granted without substantially detriment to the public good and without nullifying or substantially derogating from the intent or purpose ofthis Bylaw. 'v O By order oftheo7��dAppeals IV, r 2 ��'� ' William J.Sull' an,Chairman mUdecisions2000/40 _- -------------- .._ .. .. i "' 0 �ti 5920 PG 111 rat tw This Is'to cer*denty Rol dqs p RECEIVED have elapsed from data afdecision.thd f ^ ; } JOYCE BRADSHAW without filing of an pippeall. ` ' « s TOWNDate �� .�• CLERK NORTH ANDOVER Joyce A.Bradahaus CHU Town Clerk TOWN OF NORTH ANDOVER 1000 OCT 24 A 8: 52 n. - ` MASSACHUSETTS BOARD OF APPEALS Any appeals shall be filed NOTICE OF D within(20)days aftbrthe DECISION Year 2000 .. date of Sling of this notice Property ak 134 Mablin Avenue in the office of the Town Clerk_ NANIE: Kenneth Campisi DATE:10/16/2000 ADDRESS: 134 Mablin Avenue PETMON: 032-2000 North Andover,MA 01845 HEARING:9/12/2000&10/10/2000 The Board of Appeals held a regular meeting on Tuesday,October 10th,at 7:30 PM Kenneth Campisi,134 Mablin Avenue North Andover, n the application of JJJ . MA for a Variance from on 7, paragraph 7.3, for a front and rear setback in order to reconstruct existing dwelling of one bedroom,kitchen, I% cb� baths,laundry room,living room and wrap around porch. Petitioner is requesting a Special Permit from W Section 9,Paragraph 9.2 to alter a pre-existing non-conforming structure on a non-conforming lot. The following members were present.William J.Sullivan,Walter F.Soule,Raymond Vivenzio,Robert Ford and John Pallone. Upon a motion made by Walter F. Soule and e by John Pallone the Boardvoted to GRANT a dimensional variance for relief of a front setback of 9'and relief of a West side setback of 2.6',and relief of a rear setback of 25.2'.and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the zoning bylaw. Voting in favor: William J. Sullivan,Walter F.Soule,Raymond Vivenzio,Robert Ford,and John Pallone. Upon a motion made by Raymond Vivenzio and tad by John Fallon the Board voted to GRANT a Special Permit to allow for renovation of more than 25%of existing structure up to 1800 s.f.,according to the plan of Land by:.John M.Abagis,PLS., 111773, 137 Chandler Road,Andover,MA,revised date: 9/19/2000. Voting in favor: William J. Sullivan,Walter F.Soule,Raymond Vivenzio,Robert Ford,and John Pallone. The Board finds that the applicant has satisfied the provision of Section 9,Paragraph 9.2 of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing non-conforming structure to the neighborhood. 10.4 Variances and Appeals MV 14 100 Amb:5$ The Zoning Board of Appeals shall have power upon appeal to grant variances from the tenns•of this Zoning Bylaw where the Board fords that owing tocircumstances relating to soil conditions,shape,or topography of the land or structure and especially affecting such land or structures but not affecting generally the zoning district in general,a literal enforcement of the provisions ofthis bylaw will iT involve substantial hardship,financial or otherwise,to the petitioner or applicant,and that desirable relief may be granted without substantially detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. 2 M N CBYorderofthe o ' B of Appeals, William 1.Sull• an,Chairman yml/decisions2000/40, / \ . \ , ES EXE O§TH,BEC STRY�F DEEDS \ qn\N A,m : -�L:-Zo/.c 4 TRUE COPS ATrE� ` RECEIVED r JOYCE BRADSHAW TOWN CLERK Rec�ive� by Tawe C'e- : NORTH ANDOVER OF L01vl i �,0Ri�: :'N+li0�= . �/L_.ccs.C�l�-SL,!iS 1000 AUG -3 A !�: 5S i✓0 =p� OF :`!'pE. ?nr:C.=.C,I\ F_ 1- Imo= /3q ;wdL CQsc�� 0/9-if '- T 9°79- fed'-00�e - / CI C!-- Lur. b) For i- 0C tide LCi�c �•�`.''•= 1 I--ctcraC CC Cc�ie.' �Ct�C CC%• �.-+"-mac < -=�• •e � �`.0 .''-!".C: 'OC:'�CL"n( )c:�,., . tra ce:7/ 'Xzt h c�a nc—= on �� ^.�<�:.�. `rte-:�•.. - / f a D+�'U c: •��` �...: moi.'.:-.�..��'.� -_oc 7 or == ) y ^e ac"-:-!Ss 0I 0'.-4e:- (;=jo int O ti�ire:_ua. eve a r=s) -29R Doe ofv-9 Liz e: Dar b) ( r i!C"�f Li ,Oc Otitime: check Lt"e5i !L vieC?=cls: c 0 Cras�e^:iVe•Purchase- r "=z= =r'`=e� -For oF3 I R i i Ctfe of pro cc)Sed bu-,,:�a 6 GCaz: N0 rYGe^ �e�C .'c_'c(1CSC L, G^ Ce:.,z:ca [�.� `y i r S1,e7 i. �e_� re �rc�c ir; ii.' ,•-�r- c��e_�� �_ �Cek'?S1�6 O Q� ..c CCU:-, N'G. Ecck to ^a'/ fu 2=. '!7 e F ' a ' Ct 0 G: 3 n J � 7; • ` � .�2TiLC N J����` tj d/V tl (-V aoI JL .._17, _ �• ...��_ .moo_ ✓�` V T ZE3 HEDP-_� I ��tiVly QF1VO�i ri A�IOQt/E�" , ming Board or Appezis 27 Charles Jirc"ct !G1vn of Ncr t I4,ndaver, i-2ninQ ''Ce"i Ci r=.r` I �CA I . =C.c•_=-i: I1Ci pciC��, (ic:Trc a:iC c�Ci .;-_Y, U`C _L"-.CK INK) �j C) I i i i r1.�C.U I I E C.: c,-id (Fl=SSE "!!`ITCH=�'.r:Y, USE =L=.CK INK) iJlnr l -Ertl.=_ l N A/IE yo L cl �{ 3 �\ w. w o® ` 1 G r"T\^ fa r�dlov�e 11MC.-VAS Hcss i I I � s `�rno.•r G� ec:-� t ess I �I g Crrn T• �r ��ov�Y a°t <<1lUt-. F 1 5-3 s r n wo o:�. ST �F rTh 1a Y�dltrV�r I Isb I titer \ccicr \ ; ` ` e rev"" �-Si nilrTh make v-2✓ I I J-C-vv%¢_s Ti I � rTh �hd Vawt r W 1r,r. v. �- i r. av. pyo I 1 �•c r Yl avv S�• tr r_C Y1 p 9'\�e�s I ;�f0.n11L S:�•K�� I to Cn��4 51 l v'� I a q \m we ocl� ST r` rTh% 14 rkOkQv,.v I I I I I I . I I I I I I IS INFC,RM ilGN WAS �G i,'JME- ; i T� 4SSC- C, � �-, n., l..0 1 .0. C`C�vl)F:� G !Y� i��.:�I I��C� C•( ! 1:C CF=CE: CA Fes. GVXI OF MG-i i r 14INC-0/E— -_ •rile rlsE.. Cnze;'Ei F2,-r'fC. • 1 Zoning Board of Appeals,"Minutes of the Meeting" October 10,2000 The Minutes of the Meeting, October 10, 2000 Zoning Board of Appeals Senior Center, 120R Main Street North Andover, MA 01845 The Board of Appeals held a regular meeting on Tuesday evening, October 10, 2000 at the Senior Center at 7:30 PM. The following members were present. William J. Sullivan, Chairman; Walter F. Soule, Vice Chairman; Raymond Vivenzio, Clerk; and Ellen McIntyre. Robert Ford and John Pallone arrived later in the evening. Absent: Scott Karpinski and George Earley. The meeting came to order at approximately 8:10 pm as Chairman Sullivan stated he wanted to wait until at least two more ZBA members would be arriving. Chairman Sullivan explained the procedure of the meeting to the assembly. In some instances the Board will decide to hear the new petitions before hearing the continued petitions, this is done on an as needed basis. CONTINUED: Thomas & Marilyn Licciardello, 99 Middlesex St. Mrs. Licciardello was present tonight. Chairman Sullivan stated that he made a visit to Mrs. Licciardello's residence and he feels that the area is too congested already. The hot tub is on a platform about 10' from the rear lot line, it has a canopy on top of it. Chairman Sullivan stated that the Licciardello's didn't wait for the ZBA to give them a variance and took it upon themselves to build a hot tub on their own and they should have obtained in writing that a permit was not necessary. Walter Soule stated that what the Licciardello's asked for originally was what the Board would vote on this evening. Raymond Vivenzio proceeded to make a motion to deny the request, however Mrs. Licciardello asked if she could address the Board at this time. Mrs. Licciardello stated that she did have a hardship and it was a medical hardship and it is recorded in the record. Mrs. Licciardello stated that she could put the hot tub on a landscape terrace, she spoke with the Building Inspector and 2 Zoning Board of Appeals,"Minutes of the Meeting" October 10,2000 her contractors spoke with the Building Inspector and they were told that they did not need a permit to do so. Mrs. Licciardello stated that she hoped the Board was not upset with her. Mr. Nicetta stated that any structure being built requires a building permit. Walter Soule stated that the original plan of land submitted in the application is what the Board is required to vote on tonight. Mr. Nicetta stated that the hot tub was erected without an electrical wiring permit and the electrical wiring required a permit in order for the pool to be grounded. Upon a motion made by Raymond Vivenzio and 2nd by Walter F. Soule the Board voted to deny the original variance request from the requirements of S7, P 7.3 for a proposed addition and for a side setback and rear addition and existing garage setbacks, in order to construct a Florida room with hot tub on a pre-existing structure, because no evidence of hardship relative to circumstance relating to soil conditions, shape, or topography of land or structure and especially affecting such land or structure but not affecting generally the zoning district was ever introduced as described In Chapter 40A, S 10.4 of the zoning bylaw, and that the applicant undertook the work to build the hot tub.on said premises while requesting a continuance from the Zoning Board of Appeals, and that no building permit was obtained from the Building Department, therefore, the structure is in violation of the zoning bylaw and was erected without a building permit and without a determination from the Building Inspector, 2nd by Walter F. Soule, voting WJS/WFS/RV/EM, abstained from voting John Pallone. Please note: Robert Ford is now present at 8:35 PM. CONTINUED: Property owners of Foxwood Drive & Weyland Circle. Raymond Vivenzio read a letter from Attorney Senior requesting a continuance on behalf of the petitioner Foxwood Drive & Weyland Circle. No one was present in opposition. Upon a motion made by Robert Ford and 2"d by John Pallone the Board agreed to allow for a continuance until next month's meeting. Voting in favor: WJS/WFS/RF/EM. CONTINUED: Kenneth Campisi, 134 Mablin Ave. Mrs. Campisi was present and presented a new plan of land. The Board discussed the plan of land and that the addition is more than 25% and is actually a 3 Zoning Board of Appeals,"Minutes of the Meeting" October 10,2000 doubling the 25% rule. No one was present in opposition. Upon a motion made by Walter F. Soule and 2"d by John Pallone the Board voted to grant a dimensional variance for relief of a front setback of 9' and relief of a West side setback of 2.6', and relief of a rear setback of 25.2' and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the zoning bylaw. Voting in favor: WJSNVFS/RV/RF/JP. Upon a motion made by Raymond Vivenzio and 2"d by John Pallone the Board voted to grant a Special Permit to allow for renovation of more than 25% of existing structure up to 1800 s.f. according to the Plan of Land by: John M. Abagis, PLS, #35773, 137 Chandler Road, Andover, MA revised date: 9/19/2000. Voting in favor: WJSNVFS/RV/RF/JP. The Board finds that the applicant has satisfied the provision of S9, P 9.2 of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming structure to the neighborhood. CONTINUED: Carlo Dello Russo, 12 Elmwood Street. Mr. Dello Russo was present and requested a continuance until the November 14, 2000 meeting and signed a waiver in order to do so. No one was present in opposition. Upon a motion made by Walter F. Soule and 2"d by John Pallone, the Board voted to allow a continuance until the November 14, 2000 meeting. Voting in favor: WJSNVFS/RV/RF/JP/(EM). Please note: At this point, Raymond Vivenzio left the meeting for the evening. PUBLIC HEARING: Pyramid Realty Trust, Lots #24 & #25 May Street. Ramsey Bahrawy was present to represent his mother's petition of Pyramid Realty ty Trust. Atty. Bahrawy's mother is ill and was not able to be present tonight. Robert Ford read the legal g notice as petitioner is requesting a variance from S7 P 7.1, & 7.2 for lot dimension and street frontage for the purpose of subdividing lots# 24 and # 25 on May Street. Atty. Bahrawy stated that this property was the subject of a previous request from the ZBA in 1983. Atty. Bahrawy stated that in 1987 his mother acquired 2 lots (see plan of land submitted) she understood that the variances were expired and she was told that the variances would be obtained in the future. Atty. Bahrawy I� J 4 Zoning Board of Appeals,"Minutes of the Meeting" October 10,2000 stated that his mother has decided to dispose of some real estate because of the recent death of her husband last year. Atty. Bahrawy stated that his request for lot area and street frontage is the same request that was requested in 1983. Robert Ford read a letter from Guilford Transportation Industries, Inc. dated October 4, 2000 specifically stating concerns regarding the holder of a valid railroad crossing and any development within 25' from existing railroad tracks (letter for the record). Chairman Sullivan asked Atty. Bahrawy to point out where the railroad crossing is located on the plan of land and stated that the setback is greater than 45'. Mr. James McCarthy, 13&15 Main Street, was present and wanted to look at the buffer zone and where it will be in relation to his property, he stated that he was now in favor of the petition. Mr. Mark DiSalvo was present and in opposition. Mr. DiSalvo stated that the railroad tracks are still present and they are under a lot of brush, and stated that the petitioner did not have a hardship, therefore, the petitioner has the capacity to build on the lot without benefit of a variance from the Board. The height of the building is 34' and would be higher than the highest building now, this could change wind patterns and have an effect on some other neighbor that doesn't exist now. The current soil and topography issues do not constitute a hardship. Mr. Robert Ahearn, contractor, was present and stated the height of the roof line on the elevation plan is within 35'. The Board asked Atty Bahrawy to show a location of the abutters in relation to the railroad property and show where the railroad tracks are and show this information on a plan of land. Upon a motion made by Walter F. Soule and 2nd by Robert Ford the Board voted i to continue this petition until the next meeting on November 14, 2000. Voting in favor: WJSANFS/RF/JP/EM. PUBLIC HEARING: Von Hoehn, 8 Edmonds Road. i Mr. Von Hoehn was present to represent himself. Robert Ford real the legal notice as petitioner is requesting a variance from S7, P 7.3 for right side setback in order to add 3 bedrooms and one bath, and fora special permit from S9, P 9.2 to allow construction of proposed 2nd story addition to a pre-existing non- conforming structure. 5 Zoning Board of Appeals,"Minutes of the Meeting" October 10,2000 The Board discussed the plan of land submitted and agreed that they would make a site visit in order to be better prepared to make a decision for next month's meeting. No one was present in opposition. Upon a motion made by John Pallone and 2"d by Walter F. Soule the Board voted to continue this petition until next month's meeting on November 14, 2000. Voting in favor: WJS/IWFS/RF/JP/EM. PUBLIC HEARING: Frank Stewart, 107-109 MarbleheadS t. Mr. Stewart was present to represent himself. Robert Ford read the legal notice as petitioner is requesting a variance from S7, 7.2, 7.3 and a special permit from S9, P 9.1 to allow construction of a proposed garage. Mr. Stewart stated that he wants to build a masonry garage and he is trying to supply his tenants with a place to garage their vehicles. Mr. Stewart's brothers of#101, #111 and #113 Marblehead Street were present and stated that they were in favor of the petition. An abutter who did not identify himself properly was present and in opposition and asked if the Board made a site visit, he is concerned because of the amount of garages already existing in the neighborhood and he is concerned with the height of the proposed garages and is concerned with the use intended for the proposed garages. Upon a motion made by Walter F. Soule and 2"d by Robert Ford the Board voted to continue this petition until the next scheduled ZBA meeting on November 14, 2000. Voting in favor: WJS/WFS/RF/JP/EM. PUBLIC HEARING: Steve & Carolyn Royal, 56 Bear Hill Road Mr. Royal was present to represent himself. John Pallone read the legal notice as petitioner is requesting a variance from S7, P 7.3 for side setback in order to enclose an existing deck and convert into a sunroom, and for a special permit from S9, P 9.2 to allow construction of said proposed addition to a pre-existing non-conforming structure. Mr. Royal stated that he wanted to put a summer porch on the back of his existing home and that there simply was no other place 6 Zoning Board of Appeals,"Minutes of the Meeting" October 10,2000 as convenient or available to place the summer porch. The Board discussed the plan of land with the petitioner. No one was present in opposition. r Upon a motion made by Walter F. Soule and 2nd by John Pallone the Board voted to grant a dimensional variance for relief of a side setback of 6.83' on the North corner of the property and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the zoning bylaw, as per Plan of Land by: Jean Nysten, PLS, #26099, Nysten Associates, Inc., 126A Pleasant Valley, St., Methuen, MA dated: 8/26/2000, voting in favor: WJS/WFS/EM/JP. Upon a motion made by John Pallone and 2nd by Walter F. Soule the Board voted to grant a special permit to allow to enclose an existing deck and convert deck into sunroom on a pre-existing non- conforming structure on a non-conforming lot. Voting in favor: WJS/WFS/EM/JP. The Board discussed the possibility of doing an Executive Session in December of 2000 with Attorney Thomas Urbelis. Upon a motion made by Ellen McIntyre and 2nd by John Pallone the Board voted to adjourn the meeting at approximately 10:30 PM. Vote was unanimous WJS/WFS/RF/EM/JP. Meeting adjourned. By order of t17/// orze�, ard of Appeals, / Approved: MI/Oct2000minutes i ; 1 i TOe DAT TIM ` AM PM P 9RO PHONE �O CELL( ) O OF FAX ( ) E M E M s M n - P OE E-MAILADDRESS S N PHONED❑ ggCK CALL RNED lSEE YOU ❑ AGAIN ALL❑ yyASYF URGENT❑ I TO: Bob Nicetta FROM: Mary Leary-Ippolito DATE: 8/27, 2001 SUBJECT: Tape of 134 Mablin Ave. Petitioner is Mr. &Mrs. Campasi, 134 Mablin Ave. Start at the beginning of the tape: Mrs. Campasi's voice is inaudible; she is standing too far away from the mike. She talks about the square footage of the proposed addition, and is planning to double the size of the present structure. Chairman Sullivan stated he is not in favor of doubling the size of the house. Opposition name ?(inaudible) 28 Mablin Ave. Abutter stated he's not in opposition of the addition, however, he has a problem with the garage, and he would like to have the garage removed eventually. Existingarae has been there for 30+ ears the Board stated that the couldn't make a g g years, Y decision without getting the property owner's permission to take down the garage. The tape is still inaudible. e Chairman Sullivan asked Mr. Campasi would he be receptive to taking down the garage. Mr. Campasi stated that he would like not to take it taken down, however, but if he has to do it to make his neighbor happy then he thinks he can work that out with him, if that's what has to take place can he ask the Board can he attach(?) and ask for another 3' variance. Mr. Campasi only uses the garage for a lawn mower and motorcycle storage. The Board will make a site visit and then Mr. Campasi will need to submit a drawing showing what will be added to the premises and put this information of a plan of land. Mr. Campasi stated that he would like to keep the garage for now, if the neighbor wants the garage moved in the future then that's another issue More inaudible tape. 1/campasi 1 ZONING BOARD OF APPEALS "MINUTES OF THE MEETING" SEPTEMBER 12,2000 Zoning Board of Appeals Senior Center, 120R Main Street North Andover, MA 01845 The Board of Appeals held a regular meeting on Tuesday evening, September 12, 2000 at the Senior Center. The following members were present: William J. Sullivan, Walter F. Soule, Scott Karpinski, Ellen McIntyre, George Earley. Please note, John Pallone arrived at approximately 7:45PM and Raymond Vivenzio and Robert Ford arrived at approximately 8:0013M. Chairman Sullivan opened the meeting at 7:30 PM and explained the procedure of the meeting to the assembly stating that petitions may be taken out of order and not necessarily taken in the order as they appear on the agenda. i CONTINUED: Foxwood Drive &Weyland Circle. Chairman Sullivan made a public apology to Chief Dolan of the N.A. Fire Dept. stating that his previous remark was out of order. Attorney Senior was present to represent the petitioners of Foxwood Drive&Weyland Circle. Atty. Senior presented a letter to the ZBA requesting a continuance q 9 because he met with the Board of Selectmen and the Planning Board and was advised that the Board would like to look into this matter further and the Board will be in a better position to know what the plan of action will be regarding this petition. Chairman Sullivan stated that he attended both meetings with the Selectmen and the Planning Board and stated that it would be in the best interest of Atty. Senior and of all Board's that the petitioner be allowed a continuance. Upon a motion made by Walter F. Soule and 2nd by Scott Karpinski to allow the petitioner to continue until next month's meeting, voting in favor: WJS/WFS/SK/EM/GE. w 2 ZONING BOARD OF APPEALS "MINUTES OF THE MEETING" SEPTEMBER 12,2000 CONTINUE®: Nancy L. Melillo, 38 Marblehead St. Walter Soule read the legal notice, as petitioner wishes to remove existing lot line between Lot#40 and Lot#10 in order to create a proposed Lot Y of 20,259 s.f. and to sub divide a new Lot Y to create a proposed Lot X of 8,148 s.f. by creating a new rear lot line between Lot Y and Lot X for a Variance form the requirements of S7, P 7.2&7.3 on lot X for relief of front & left side setback on dwelling and for side and rear setback on detached garage. Petitioner is requesting a Variance form S7, P 7.2 & 7.3 on Lot Y for front and rear setback on dwelling and side setback on shed. Please note: John Pallone is now present at 7:45PM. Mrs. Melillo's daughter Lori was present to represent the petitioner. Lori stated that there is one lot that is non-conforming and she proposes to divide the lot and in doing so she comes before the Board for a request for a variance. Lori stated that her Mother wants to subdivide the land so that her house has its own separate lot. One lot is 64' on Baldwin Street and she needs a Variance on the front of the lot, the other lot requires 25' of relief. Walter Soule stated that there could not be any further development on these lots, and Lori agreed to this stipulation. No one was present in opposition. , Upon a motion made by Scott Karpinski and 2nd by Ellen McIntyre to grant a dimensional Variance as requested for proposed Lot X for dimensional relief of lot size of 4,352 s.f. relief of frontage of 25' relief of front setback of I 19.2' relief of side setback of 9.4' and relief of rear setback of 25.8' and that the relief will not be more detrimental to the area and to grant a Special Permit as requested to allow separation of the two houses by removing lot line between Lot#40 and Lot#10 to create Lot X according to S9.1 on the condition that the petitioner get approval of Form A from the Planning Board. In accordance with the Plan of Land by; Stephen E. Stapinski, RLS, #29876 dated: 7/20/2000. Voting in favor. WJS/WFS/ EM/GE/SK. Upon a motion made by Scott Karpinski and 2"d by Ellen McIntyre to grant a dimensional Variance according to the application request relative to Lot i i I i 3 ZONING BOARD OF APPEALS "MINUTES OF THE MEETING" SEPTEMBER 12,20M Y for dimensional relief of street frontage of 35.66' relief of side setback of shed of 13.1' relief of rear setback of 14.15' and to grant a Special Permit as requested to allow separation of two houses by removing lot line between Lot#40 and Lot#10 and to create Lot Y per S9, P9.1 and that it will not be more detrimental to the area on the condition that the petitioner get approval of Form A from the Planning Board. In accordance with the Plan of Land by: Stephen E. Stapinski, RLS. #29876, dated: 7/20/2000. Voting in favor: WJSNVFS/EM/GE/SK. Please note: Ray Vivenzio is now present at 8:00 PM. CONTINUED: Thomas & Marilyn Licciardello 9 9 Middlesex t Y S . Mr. Liciardello was present to represent himself and stated that he wanted to withdraw his petition without prejudice. Chairman Sullivan stated to Mr. Licciardello that he wanted to make a site review of the lot and that Mr. Licciardello was advised that Robert Nicetta and Chairman Sullivan would visit Mr. Licciardello's lot tomorrow and then get back with a response to Mr. Licciardello. The Board agreed that some of the members would g also be available to make a site visit at 10:00 AM on Wednesday morning. Attorney Thomas Caffrey, Jr., Lawrence, MA was present to represent the Tannert family who are abutters to Mr. Licciardello, and stated that a "structure was built" on Mr. Licciardello's property and on behalf of the Tannert family, Atty. Caffrey objects to this structure being built without benefit of a building permit. Mr. Licciardello stated that he had discussions with the Building Inspector concerning what had been erected, and was advised that no building ! permit was necessary if it was not connected to the home and was under ' a certain height. Mr. Nicetta, the Building Inspector, denied having any I discussions with the Licciardello's regarding what they had built. He stated that no advice is given without a detailed plan of what is to be erected. Mr. Licciardello stated that his conversations were with Mr. McGuire, the Asst. Building Inspector. Mr. Vivenzio, asked Mr. Licciardello if he had anything in writing from the Building Dept. indicting that no building permit was required. He stated that he did not. Mr. Vivenzio asked if an application for a Building Permit had ever been submitted by the Licciardello's or their contractor. Mr. Licciardello stated that none was filed, but that none was necessary according to the information he had obtained in his discussions with the Asst. Building Inspector. Mr. Vivenzio 4 ZONING BOARD OF APPEALS "MINUTES OF THE MEETING" SEPTEMBER 12,2000 stated that it was risky to rely upon generalized conversations without obtaining anything in writing. Chairman Sullivan stated that he may have to call a Special Meeting in order to resolve this matter, if so, advance notice will be given. Upon a motion made by Walter F. Soule and 2"d by Raymond Vivenzio, to continue this th petition until the October 1 p 0 meeting, voting in favor. WJSNVFS/RV/RF/JP. CONTINUED: Paul Dubois, 57 Second Street. Mr. Dubois was present to represent himself and submitted a new mylar to the Board. The Board reviewed the change on the mylar that reflected a height dimension of the new addition. No further discussion took place. No one was present in opposition. i Upon a motion made by Scott Karpinski and 2nd by Ellen McIntyre to grant a dimensional Variance for relief of street frontage of 50' relief of front setback of 5.6' and right side setback of 28.2' and left side setback of 17.2' and that such relief will not be more detrimental to the area and to grant a Special Permit according to the application to allow extension or alteration of a non-conforming structure on a non-conforming lot. In accordance.with the Plan of Land by: Jeffrey Hofmann, PLS, #36381, Northstar Land Survey Services, Newburyport, MA, dated: (Rev.)August 14, 2000. Voting in favor: WJSNVFS/SK/EM/GE. PUBLIC HERING: John P. Jelley, 196 Middlesex Street. Raymond Vivenzio read the legal notice, petitioner is requesting a Special Permit from S9, P 9.2 to add a dormer for construction of two bedrooms and a full bath in the walk up attic of a pre-existing non-conforming structure on a non-conforming lot. .Mr. Jelley was present to represent himself. Mr. Jelley stated he has two existing bedrooms and needs two more bedrooms and a full bath to accommodate his growing family. Mr. Jelley likes the neighborhood and 5 ZONING BOARD OF APPEALS "MINUTES OF THE MEETING" SEPTEMBER 12,2000 doesn't want to move just because his house is so small. The Board discussed how the living space would be increased by adding a dormer to the house. After some discussion the Board was comfortable with the dimensional increase in living space. Upon a motion made by Walter F. Soule and 2nd by Raymond Vivenzio to rant a Special Permit 9 according g to the application to allow an addition of a dormer for construction of 540 s.f. for two bedrooms and a full bath in an existing walk up attic and that the addition will not be more detrimental to the area in accordance with the Plan of Land by; Scott L. Giles, PLS, North Andover, MA#13972, dated: 8/7/2000. Voting in favor: WJS/WFS/RV/RF/JP. PUBLIC HEARING: i Kenneth Campisi, 134 Mablin Ave. read Raymond Vivenzio y d t he legal notice. Petitioner is requesting a Variance from S7, P 7.3 for a front and rear setback in order to reconstruct an existing dwelling of one bedroom, kitchen, 1 '/ baths, laundry room, living room and wrap around porch. Petitioner is requesting a Special Permit from S9, P 9.2 to alter a pre-existing non-conforming structure on a non-conforming lot. Mrs. Tammy Campisi was present to represent herself and her husband was also present to answer questions. She stated that she owns an existing house on 134 Mablin Ave., and there is also a small existing house that contains 760 s.f. located on the same premises. Mrs. Camp isi has elder) parents y p s that need to be cared for and she wants to build a � 20'x40' addition to the small house located on the premises to make it a I livable home for her parents to retire in. Walter Soule stated that 888 s.f. is indicated on the hand drawn piece of paper and that 670 s.f. of space is indicated for the house with a deck totaling 888 s.f., however the living space is only 670 s.f. Mr. Soule stated that he was not in favor of doubling the size of any house especially with such a large addition. James Timony, 128 Mablin Ave. was present tonight and he is concerned about the garage that is on the property line and he would like to get an agreement from the Campisi's that the garage will be moved. Mr. Della Russo, 12 Elmwood Street, was present and in favor of this petition. Mr. Silva, 29 Elmwood Street, was present and in favor of the 1 n 6 ZONING BOARD OF APPEALS "MINUTES OF THE MEETING" SEPTEMBER 12,2000 petition. Mr. Hennessey, 49 Elmwood Street, was present and in favor of the petition. Scott Karpinski asked if the existing structure would be taken down? Mr. Campisi stated that it would not be totally taken down. Discussion took place between the Board and Mr. and Mrs. Campisi regarding what will be torn down regarding the existing building, the garage, and what is up to the present building code. etc. Chairman Sullivan asked if Mr. Campisi would consider taking down the existing garage and would he take out the deck and add regular stairs? The Board discussed making a site visit. The Board asked Mr. Campisi to have a plan of land made by a professional engineer and submit the plan in time for the next ZBA meeting. The Board instructed Mr. Campisi to bring in a separate drawing drawn by an architect showing a floor plan for the proposed addition. Please note: At the time Mr. Campisi filed an application with the ZBA he was instructed to bring in a Plan of Land and a floor plan. Mr. Campisi submitted a memo stating that he could not afford to do so unless he knew for certain that his request for a variance would be granted (see memo for the record). Upon a motion made by Walter F. Soule and 2"d by Robert Ford the Board voted to continue this petition until next month's meeting, voting in favor: WJSNVFS/RV/RF/JP. Please note: Scott Karpinski left the meeting at 9:00 PM for the evening as he had to return to his place of work to complete a project. PUBLIC HEARING: Roger&Judy Lawson, 16 Dufton Court. Raymond Vivenzio read the legal notice. Petitioner is requesting a Special Permit from S9, P 9.2 for the extension of a non-conforming structure on a non-conforming lot, in order to construct the "A''frame front dormers and the rear shed dormer to create 2 bedrooms and bathroom. Mr. Lawson was present to represent himself. He presented an architectural drawing showing the dormers and the height dimensions of the dormers. He stated that he is only asking to add a dormer in order to create 2 7 ZONING BOARD OF APPEALS "MINUTES OF THE MEETING" SEPTEMBER 12,20W bedrooms and a bathroom. Mr. Lawson submitted a letter signed by his neighbors stating that they were in favor of the petition (letter for the record). Mrs. Masscola was present and stated that she would like the Board to consider making a condition to ensure that this property is currently a 2 family and that it would not ever be allowed to be made into a 3 family house. The Board agreed to do so. There was no opposition present. Mr. Lawson agreed to the condition and stated that the property forever remain no more than a 2 family residence. Upon a motion made by Raymond Vivenzio and 2"d by John Pallone the Board voted to grant a Special Permit according to the application to allow the extension of a non-conforming structure on a non-conforming lot, in order to construct the "A"frame front dormers and the rear shed dormer to create 2 bedrooms and bathroom on the condition that the property forever remain no more than a 2 family residence. In accordance with the Plan of Land by: Joseph D. Simon, PLS, #37059, Clipper City, Newburyport, MA, dated: 7/28/2000. Voting in favor: WJS/WFS/RV/RF/JP. PUBLIC HEARING: Carlo Dello Russo, 12 Elmwood Street. Raymond Vivenzio read the legal notice. Petitioner is requesting a Special Permit from S9, P 9.2 to construct a 2"d story addition consisting of 4 bedrooms and to alter a pre-existing, non-conforming structure on a non- conforming lot. Mr. Dello Russo was present to represent himself. He stated that his family was growing and that he needed more bedrooms to accommodate his growing family. Mr. Campisi, 50 Elmwood Street, was present and in favor of this petition. Mr. Silva 29 Elmwood Street was present and in favor of this petition. Mr. Hennessy, 49 Elmwood Street was present and in favor of this petition. i ZONING BOARD OF APPEALS "MINUTES OF THE MEETING" SEPTEMBER 12,2000 No one was present in opposition. Chairman Sullivan asked what would be done about parking, because the petitioner can not park cars on the front lawn as this is a violation of the code. The petitioner is asking to put in a driveway in order to park his vehicles because there are already 5 children in this family, there will be a need to have more cars as the children grow up, therefore Chairman Sullivan asked the petitioner to put in a driveway to take care of the parking problem. The Board asked Mr. Dello Russo to submit a new plan showing a driveway to park his vehicles on and to show the correct dimensional height of the roofline on a new mylar. Upon a motion made by Raymond Vivenzio and 2nd by Walter F. Soule the Board agreed to allow the petitioner to continue until next month's meeting, voting in favor: WFSNVJS/RV/RF/JP. Upon a motion made by Walter F. Soule and 2nd by Ellen McIntyre the Board voted to adjourn the meeting at approximately 9:45 PM. By order f the Board of Appeals, Approved: MVSe t2000Minute5 1 7 I I . February 26,2001 The variance was GRANTED on the Repetitive Petition #011-99,dated July 20, 1999. Available department records indicate that the petitioner has not recorded the Variance in the Northern Essex Registry of Deeds. Pursuant to Chapter 40A,Section 10 and the North Andover Zoning By-law Section 10.4(2)(a)"If the rights authorized by the Variance are not exercised in one(1)year of the date of grant,they shall lapse and may be re-established only after notice and a new hearing." I am of the opinion that the Variance lapsed for not having been recorded or exercised within the one(1)year time frame.Application was not made to the Zoning Board of Appeals to extend the time for exercise of such rights for a period not to exceed six(6) months,pursuant to the Rules and Regulations of the North Andover Zoning By-law,Chapter 40A,Section 10;and the North Andover Zoning By-law. Zoning Board of Appeals -Decision North Andover Hearing No.: 2000-032-110 Date: August 28, 2008 APPLICATION TYPE: SUBMISSION DATE: Variance&Special Permit 8/10/2000 Applicant's Name: Owner's Name: NAME: NAME: CAMPISI,KENNETH J TAMMI CAMPISI CAMPISI,KENNETH J TAMMI CAMPISI ADDRESS: ADDRESS: 134 MABLIN AVENUE 134 MABLIN 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: Surveyors Name: STREET NO.: SITE ZONING: COMPANY NAME: 134 MABLIN AVENUE R-4 TOWN: ACTION TAKEN: ADDRESS: NORTH ANDOVER MA 01845 MAP: BLOCK: LOT: MAP DATE: SECTION OF BYLAW: F•� 0058 7.3:Yards(Setbacks) TOWN: STATE: ZIP CODE: Book Page: &783 283 PHONE NO.: FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK Variance from 7.3&Table 2 for front&rear setbacks In order to reconstruct existing dwelling&SP from 9.2 in order to alter a pre-existing, non-conforming structure on a non-conforming lot. HARDSHIP: CONDITION OF APPROVAL: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: 8/15/2000 9/6/2000 10/24/2000 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 8/28/2000 10/14/2000 10/10/2000 10/24/2000 10/31/2000 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: 8/28/2000 9/12/2000 10/10/2000 10/10/2000 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 9/4/2000 11/18/2000 11/18/2000 MEMBERS PRESENT: VOTE: MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. I