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HomeMy WebLinkAboutMiscellaneous - 14 BAY STATE ROAD 4/30/2018 4 BAY STATE ROAD 2101058.&002&0000.0 D W s �I a s 0/,F []Finding C340D Application tiled am Hearing due an 'I -D Decision due on: —D Q IncotnpleteNAWAApplimflon port" Date: 0 Tu" i yy Missies• S Town of North Andover "ZONING BOARD OF APPEALS 116ert P. '(anzi 11I,lsq. Cbair777an Isl.lcn P.NkIntyre,1 i(e-Chaimax Richard 1.Biers,Esq.Clerk E ,jORTH -,, y Joseph 1).1:16 O teen a 1N iI! ;I rase o Richard M. Vaillancront o m ll.f fni.YlJ/i�1�/I71)Cf.{' � L A lhantas ll Ippolito i l)a.nid S.131:acse,13sc1, 9S 'T� t� -1.ov;u(:Icrk."I'irnr Stamp SACNifse . An appeal shall be filed within Y PP Notice of Decision (20)days after the date of filing Year 2008 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A, §17 Property at: 14 Bay State Road NAME: Judy Carney HEARING(S): October 14,2008 ADDRESS: 14 kay State Road PETITION: 2008-012 North Andover,MA 01845 TYPING DATE: October 17,2008 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,October 14,2008 at 7:30 PM upon the application of Judy Carney,14 Bay State Road(Map 58.B,Parcel 28),North Andover,MA requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the rear setback in order to construct a sun porch and deck addition,and for a Special Permit from Section 9,Paragraph(s) 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 South side of Bay State Road within the R- 4 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 September 22&29,2008. The following voting members were present: Joseph D.LaGrasse,Richard J.Byers,Richard M. Vaillancourt,and Thomas D. Ippolito. Upon a motion by Joseph D.LaGrasse and 2'd by Richard M,Vaillancourt the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 8.3 from the rear setback in order to construct a proposed sun porch and deck addition;and upon a motion by Joseph D. LaGrasse and 2'd by Thomas D.Ippolito the Board voted to GRANT a Special Permit from Section 9,Paragraph 9.1 of the Zoning Bylaw in order to allow a pre-existing,non-conforming building to be extended by a sun porch and deck addition on a re-existing,non-conforming lot r: Site: 14 Bay State Road(Map 58.B,Parcel 28)„ !Ju7dyC:amey, Andover,MA 10845 Site Plan Title: Board of Appeals Plan, 14 Bay State Road, ,Massachusetts, Assessors Map 58B Parcel 28,prepared for 14 Bay State Road, No. Andover,Massachusetts 01845 Date(&Revised Dates): September 9,2008 Registered Professional David Alves,#45454,New England Engineering Services,Inc., 1600 Osgood Land Survevor: Street,Building 20, Suite 2-64,North Andover.MA 01845 Sheet/Drawing: Sheet 1 of 1,File# 1580-1 —09-09-08 Building Plan Title: Proposed Renovations, 14 Bay State Road,No.Andover,Massachusetts, Assessors Map 58B Parcel 28,prepared for Judy Carney, 14 Bay State Road, No. Andover,Massachusetts 01845 By: B.C.O.Jr.,New England Engineering Services,Inc., 1600 Osgood Street, Building 20, Suite 2-64,North Andover,MA 01845 Date: September 11,2008 Sheet/Drawing: Sheet 1 of 1,File#1580-WC Page 1 of 2 600 Osgr,nJ St.,13l&M-Suite 2%16.A',)rih Atido,:.r.M,\ (1(&45 Phone-978•68R-9541 Pat "firh-s�w.ttn�cnninarllrandctvcr.corn Town of North Andover ZONING BOARD OF APPEALS Alber, P "Imizi 111,Esq.Chaiivwl I.-TC11 P.MC1111vic, Ric;Tari Byers,F;,sq.Uedz p&OR T?I Josepli D. LiiGr.asw 0 Richand M. Vailincourt 111ollia.;D.1ppohlo ):oriel ti. B1 Esq. e- A FIt.IS Voting in favor: Joseph D.LaGrasse,Richard J.Byers,Richard M. Vaillancourt,and Thomas D. Ippolito. The Board finds that owing to circumstances relating to the shape of the 14 Bay State Road lot especially affects 14 Bay State Road and its wide,shallow lot and location of its small single family dwelling but does not affect generally the Residential 4 zoning district in which it is located. The Board finds that the 14 Bay State Road lot was created prior to the existence of zoning bylaws and a literal enforcement of the provisions of Section 7, Paragraph 7.3&Table 2 and Section 10,Paragraph 10.4 of the Zoning Bylaw would involve substantial hardship, financial or otherwise,to the petitioner. The Board finds that there was no written or spoken opposition to this appeal. The Board finds that the proposed addition is sited in the lot area requiring die least amount of variance. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Zoning Bylaw, Also,the Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw that 14 Bay State Road is an appropriate location for this sun porch and deck addition to the single-family dwelling and that the proposed rear addition,as developed,will not adversely affect the neighborhood as illustrated by three photographs of the addition's proposed location showing abutting side and rear views submitted to the Board during the hearing. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians from this rear addition and that adequate and appropriate facilities are provided for the proper operation of the proposed use by the existing utilities at 14 Bay State Road. The Board finds that the proposed addition of a rear sun porch and deck to 14 Bay State Road is in harmony with the general purpose and intent of the North Andover Zoning Bylaw and that this extension shall not be substantially more detrimental than the existing structure to the neighborhood. 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 Inspector of Buildings. 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. North Andover Z ng Board of Appeals Richard J.Byers,Esq.,Acting Chairman and Clerk Joseph D.LaGrasse Richard M. Vaillancourt Associate illembers Thomas D. Ippolito Decision 2008-012. M58.BP28. Page 2 of 2 t600 O'L',00d st- 1:11ilc _'tr trite "j1dol'.ol.MA WX4-5, Eix 9,, Web- Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS Albert P.Manzi M,Esq.Chairman Ellen P.McIntyre,Vice-Chairman 14ORTJ4 Richard J.Byers,Esq.Clerkili Joseph D.LaGrasse 0 E 16 PM Richard M.Vaillaucourt 1- Associate Members 49 n, Thomas D.Ippolito `n Daniel S.Braese,Esq. MA SssA ' CHU Legal Notice North Andover,Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing in the Meeting Room of Town Hall, 120 Main Street,North Andover, MA on Tuesday the I e of October, 2008 at 7:30 PM to all parties interested in the application of Judy Carney, 14 Bay State Road (Map 58.B,Parcel 28),North Andover,MA requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the rear setback in order to construct a sun porch and deck addition, and for a Special Permit from Section 9, Paragraph(s) 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 South side of Bay State Road within the R-4 zoning distract. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36,North Andover,MA.01845 Monday through Friday during the hours of 8:30AM to 4,30PM. By order of the Board of Appeals Albert P.Manzi, ELI, Chairman Published in the Eagle-Tribune on September 22& 29, 2008. Legalnotice 2008-012. M58.BP28. q cp T!R z c06 m,� g Wj 5'�.N 5 r, C-0- W 3 �ptcL_90>g 0>,< a -ujo- 5- _.m*=3 0ZM OID(Qx.Zx CD CD ID 0,.=-OZ>0 > ..>. 24-al�-�R-owa-cD­rfo 6 .0 -0(D a w�w_-a-o 0 .0 -0 CD A> Z .- a- _;:P:),D 0 3 92CD9�00 E'r ZC'5�z>Z CD (D :03 C', _g 0- 0-� > > gy 4"). .08 0 ID a 0) —, _a5w5�ox 1-0;Ft, 0 MCX 0cD-03a�M< -1 N, X�9. 00 ir a 52�&og=F mma 0 3 0 K 0 U.0<(60.'>'M 'W -6 'U 'CD65<a .5'. 3 j".W 0'0 Room M 90� (D CL ':0 0 8 (0 (0 7W- CD 0)_-Y_ :1 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-979-688-9541 Fax-97M88-9542 Web-www.tommofnorffimdover.com Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS REEkf-',E!VEFj Albert P.Manzi R Esq.Chairman Ellen P.McIntyre,Vice-Chairman It 'AORT11 Of Richard J.Byers,Esq.Clerk 0 - 9 Joseph D.LaGrasse 0 20PA SEP 16 Pri 3: 3 Richard M.Vafflancourt I- Associate Members D Thomas D.Ippolito N'D R C!T' Daniel S.Braese,Esq. MASS AG HW�E I'T' Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing in the Meeting Room of Town Hall, 120 Main Street,North Andover, MA on Tuesday the le of October, 2008 at 7:30 PM to all parties interested in the application of Judy Carney, 14 Bay State Road (Map 58.B,Parcel 28),North Andover, MA requesting a dimensional Variance from Section 7, Paragraph 7:3 and Table 2 of the Zoning Bylaw for relief of the rear setback in order to construct a sun porch and deck addition, and for a Special Permit from Section 9, Paragraph(s)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 South side of Bay State Road within the R-4 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36,North Andover, MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, 1111, Chairman Published in the Eagle-Tribune on September 22&29, 2008. Legainotice 2008-012. M58.BP28. 1600 Osgood Street Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnortlmdover.com Zoning Board of Appeals-Decision North Andover Hearing No.:2008-012-3196 Date: October 2, 2008 APPLICATION TYPE: SUBMISSION DATE: Res.Variance&Special Permit 911212008 Applicanrs Name: Owners Name: NAME: NAME: Judy Carney CARNEY,WALTER P JUDITH A CARNEY ADDRESS: ADDRESS: 14 Bay State Road 14 BAY STATE ROAD TOWN: STATE: I ZIP CODE: TOWN: STATE: ZIP CODE NORTH ANDOVER MA 01845 NORTH ANDOVER MA 01846 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS Site Information: Surve oes Name: STREET NO.: SITE ZONING: COMPANY NAME: 14 BAY STATE ROAD TOWN: ACTION TAKEN: ADDRESS: NORTH ANDOVER MA 01846 MAP: BLOCK LOT: MAP DATE SECTION OF BYLAW: 058.6 0028 7.3.Yards(Setbacks) TOWN: STATE: ZIP CODE Book Page: 2970 1162 PHONE NO.: FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: Variance from 7.3&Table 2 forrearsetbackin ober to construct a sun porch and deck addition,&Spedal Permit from 9.2 M order to extend a pre-existing,non-conforming structure on a pre-exlsf/ng,non-conforming lot. HARDSHIP. CONDITION OF APPROVAL: FINDINGS COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: FIRST ADVERTISING DATE HEARING DATE: VOTING DATE: DECISION DATE: SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE MEMBERS PRESENT: VOTE MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MOTION MADE BY: 7 MINUTES OF MEETING: , GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. ZBA ( Date`. �. .: .. ..... rIORTIy TOWN OF NORTH ANDOVER * p. y'► RECEIPT ,S`rgCHUS�� This certifies that !..�C..4'f. . ...... !! ! t. .`� f' !t ..-fin[ has paid.E?. ?e.. t�.. .. 1. .�! ......... ....��. �. . for 1.f ...�. .. ..:? .......... .......a Receivedby........ ,.. ...... .. . '1................................. Department............�;..!bl............................................................... WHITE: Applicant CANARY:Department PINK:Treasurer ZBA 557 Date '.0. ..... p10RTFr OF ..•o �,,1r F� 9 TOWN OF NORTH ANDOVER *°• '�* RECEIPT �SSgCHUSE This certifies that.�.+ !!�.. l5! . 1 .I.ks.P. . .1. . .. �'r5�1-M(► has paid#..150.1.w... ...1:". .... #--..�1..Aa for 10".iP ,4.....`,�. ....... .' ..... F.....)- :.of Received by......... !... .�.. " ...................... Department............07-SA........................................................... WHITE: Applicant CANARY:Department PINK:Treasurer ZBA Date-- tAORT#j 4 OF ,,,,,!TOWN OF NORTH ANDOVER RECEIPT This certifies that ...5P.re). has paid ..1.1. .1.7...................................... for RPS...VA V .....0. �'.b�iA...4fgiR...P) -w . . %�� ......... .. .. .. . Received by..../11. .1.4...... .400.0.0 ..... .......................... . . . . Department... 0/4..................................................................... WHITE: Applicant CANARY:Department PINK:Treasurer , 15gu Abutter to Abutter( ) Building Dept ( ) Conservation ( ) Zoning ( ) I 1� REQUIREMENT: MGL 40A,Section 11 states in part°Parties in Interest as used In th's chapter shall mean the petitioner, abutters,owners of land directly opposteon 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,notwithstanding that the lend of any such owner a located In another city or town,the planning board of the city or town,and the planning board of every abutting*or town." Subject Property: MAP PARCEL Name Address 58.B 28 Judith Camey 14 Bay State Road North An( U (f t Abutters Properties Mia Parcel Name Address 58 5 Steven Foundation- PO Box 111 North Anc 58 6 Douglas Chrichello• 227 Osgood Street North Anc 58 7 Laurence Smith + 233 Osgood Street North Andover,MA 01845 58 28 Klaus Szyska 1 201 Osgood Street North Andover,MA 01845 58.6 8 Lorane Clifford" 40 Beacon Hill Blvd North Andover,MA 01845 58.6 9 Nancy Melvin" 28 Beacon Hill Blvd North Andover,MA 01845 58.8 11 Arthur Murphy• 22 Beacon Hill Blvd North Andover,MA 01845 58.B 12 DJ Casamasin 12 Beacon Hill Blvd North Andover,MA 01845 58.B 13 DJ Casamasin� 12 Beacon Hill Blvd North Andover,MA 01845 58.B 14 Carlene Laguerre. 230 Osgood Street North Andover,MA 01845 58.6 15 Brahm Benammi 214 Osgood Street North Andover,MA 01845 58.B 16 Brian Cox• 220 Osgood Street North Andover,MA 01845 58.8 17 John Middleton- 220 Osgood Street North Andover,MA 01845 58.B 18 John Conaton. 11 Bay State Road North Andover,MA 01845 58.B 19 DJ Casamasina- 12 Beacon Hill Blvd North Andover,MA 01845 583 21-OOOO.A Song Chae- 25 Bay State Road#A North Andover,MA 01845 58.6 21-0000.6 Richard Graham• 25 Bay State Road#B North Andover,MA 01845 58.B 23 Robert Labadini 12 Randolph Circle Westford,MA 01886 58.6 24 Lori Reinhart" 36 Bay State Road North Andover,MA 01845 58.6 25 Denis Maillet• 30 Bay State Road North Andover,MA 01845 58.6 27 Bruce McKean • 22 Bay State Road North Andover,MA 01845 583 29 Stephen Kochakian 210 Osgood Street North Andover,MA 01845 58.6 30 Leo Cotter- 206 Osgood Street North Andover,MA 01845 583 31 Samuel Allen• 204 Osgood Street North Andover,MA 01845 58.6 32 Edward Rabbito PO Box 935 North Andover,MA 01845 58.B 38 Edward Rabbito}I PO Box 935 North Andover,MA 01845 58.A 19 James Tamagnine • 42 Bay State Road North Andover,MA 01845 58 15 Harold Azoian • 168 Osgood Street North Andover,MA 01845 58 37 Lillian Le • 59 Phillips Common North Andover,MA 01845 58 38 Linda Byers " 67 Phillips Common North Andover,MA 01845 58 39 Aiguo Yan . 75 Phillips Common North Andover,MA 01845 58 57 Phillips Common Development Corp 733 Turnpike Street,Ste.209 North Andover,MA 01845 _ C6 1 f � I t (e f 1�l e 9/10/2008 This certifies ,I \/vl y ' of 'J records of Certified byr' ac6 �� � ;go Abutter to Abutter( ) Building Dept ( ) Conservation( ) Zoning ( ) I 1� 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 oppostieon 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 58.6 28 Judith Carney 14 Bay State Road North Andover,MA 01845 Abutters Properties Mae Parcel Name Address 58 5 Steven Foundation• PO Box 111 North Andover,MA 01845 58 6 Douglas Chrichello- 227 Osgood Street North Andover,MA 01845 58 7 Laurence Smith 233 Osgood Street North Andover,MA 01845 58 28 Klaus Szyska 1 201 Osgood Street North Andover,MA 01845 58.B 8 Lorane Clifford• 40 Beacon Hill Blvd North Andover,MA 01845 58.6 9 Nancy Melvin• 28 Beacon Hill Blvd North Andover,MA 01845 58.6 11 Arthur Murphy• 22 Beacon Hill Blvd North Andover,MA 01845 58.B 12 DJ Casamasin 12 Beacon Hill Blvd North Andover,MA 01845 58.B 13 DJ Casamasin r 12 Beacon Hill Blvd North Andover,MA 01845 58.6 14 Carlene Laguerre. 230 Osgood Street North Andover,MA 01845 58.B 15 Brahm Benammi 214 Osgood Street North Andover,MA 01845 58.6 16 Brian Cox• 220 Osgood Street North Andover,MA 01845 58.6 17 John Middleton• 220 Osgood Street North Andover,MA 01845 58.B 18 John Conaton. 11 Bay State Road North Andover,MA 01845 58.B 19 DJ Casamasina• 12 Beacon Hill Blvd North Andover,MA 01845 58.6 21-OOOO.A Song Chae- 25 Bay State Road#A North Andover,MA 01845 58.B 21-0000.B Richard Graham• 25 Bay State Road#B North Andover,MA 01845 58.8 23 Robert Labadini 12 Randolph Circle Westford,MA 01866 58.6 24 Lori Reinhart• 36 Bay State Road North Andover,MA 01845 58.B 25 Denis Maillet• 30 Bay State Road North Andover,MA 01845 58.8 27 Bruce McKean 22 Bay State Road North Andover,MA 01845 58.B 29 Stephen Kochakian 210 Osgood Street North Andover,MA 01845 58.B 30 Leo Cotter• 206 Osgood Street North Andover,MA 01845 58.B 31 Samuel Allen• 204 Osgood Street North Andover,MA 01845 58.6 32 Edward Rabbito PO Box 935 North Andover,MA 01845 58.6 38 Edward Rabbito,I PO Box 935 North Andover,MA 01845 58.A 19 James Tamagnine • 42 Bay State Road North Andover,MA 01845 58 15 Harold Azoian • 168 Osgood Street North Andover,MA 01845 58 37 Lillian Le • 59 Phillips Common North Andover,MA 01845 58 38 Linda Byers • 67 Phillips Common North Andover,MA 01845 58 39 Aiguo Yan . 75 Phillips Common North Andover,MA 01845 58 57 Phillips Common Development Corp 733 Turnpike Street,Ste.209 North Andover,MA 01845 Date 9/10/2008 This certifies that the names appearing on the Page 1 of 1 records of the Assessors Office as of je,Nv-4,Z V /0, aiso Certified b a� Residential Property Record Card PARCEL ID:210/058.B-0028-0000.0 MAP:058.B BLOCK:0028 LOT:0000.0 PARCEL ADDRESS:14 BAY STATE ROAD FY:2008 PARCEL INFORMATION Use Code: 101 Sale Price: -100 Book: . 10432. Road Type; T Inspect Date: b3/31/2004 Tax Class: T Sale Date. 10/10/06 Page: 303 Rd Condition P Meas Date: 03/31/2004 Owner: Tot Fin Area: 2012 Sale Type: P Cert/Doc:� ' " . Traffic: M Entrance: C CARNEY,JUDITH A Tot Land Area: 0.21 Sale Valid: F Water.- Collect Id: RRC Address: �•.. 14 BAY STATE RD Grantor: CARNEY WALTER P "Sewer: _ Inspect Re": C NORTH ANDOVER MA 01845 Exempt-B/L% / Resid-B/L% 100/100 Comm-B/LP/o Indust-B/L% / Open Sp-B/L% / RESIDENCE INFORMATION LAND INFORMATION Style: CL Tot Roomss 8 Main Fn Area; . 1116 Attic: NBHD CODE. 5 NBHD CLASS. 5 ZONE. R4 Story Hey ht: 2.00 Bedrooms: 4 Up Fn Area 896_ Bsmt Area 1116 Seg Type:' Code Method Sq-Ft Acres u(nflu-1r/N Value Class'' ` g 1 P 101 S 9005 0.210 175,530 -Roof; G FuIlBaths: 2 Add Fn Area: Fn Bsmt Area:: Ext Wall: AV Half Baths: 1 Unfin Area: Bsmt Grade VALUATION INFORMATION Masonry Trim'.' Ext Bath Fix' 0 Tot Fin-Area: '2012." Current Total: 409,200 Bldg: 233,700 Land: 175,500 MktLnd: 175,500 Foundation: CN Bath Qual: T RCNLD: 233744 Prior Total: 427,600 Bldg: 242,800 Land: 184,800 MktLnd: 184,800 Kitch dual:, T Eff Yr Bulk': 1980 Mkt Adj: Heat Type: HW Ext Kitc_h: Year Built: 1979 Sound Value: Fuel Type. G` . _ Grade: AG Cost Bldg: 233,700 Fireplace: 1 Bsmt Gar Cap:2 Condition A Att Str Val 1: Central AC: " N Bsmt Gar SF`. Pct Complete: ' Att 8tr Val2. Att Gar SF 504%Good P/F/E/R: /100/100/85 Porch Type Porch Area Porch Grade Factor P 70 SKETCH PHOTO 4 � � 12FB };a Ftl 21 1116 S"896 S4.Ft 28 G 19 24 504 Sq.Ft71 t � sspvf �. 14 BAY STATE ROAD ' Parcel ID:210/058.6-0028-0000.0 as of 9/11/08 Page 1 of 1 The Commonwealth of Massachusetts Executive Office of Energy and EnvironmentalAffairs 100 Cam6ridge Street, Suite 900 Rp.CEIVE® Ooston, MA 02114 s"VDEC 2 9 2008 0 Deval L.Patrick GOVERNOR N�RTa ANAQVEf� CONSERVATION COMMISSION Timothy P.Murray LIEUTENANT GOVERNOR Tel:(617)626-1000 Ian A.Bowles Fax:(617)626-1181 SECRETARY December,2008 Re:FY2009 Local Acquisitions for Natural Diversity (LAND)Grant Program,2nd Round Dear Prospective LAND Applicant: Thank Executive Office of Energy and Environmental Affairs is pleased to offer a Local Acquisitions for Natural Diversity (LAND)Grant Program Second Round for Fiscal Year 2009. The LAND grant program provides financial assistance to municipal conservation commissions for the acquisition of interests in land for the purposes of conservation and passive recreation. Estimated Value of Grant Programs The maximum reimbursement available from the LAND program is based on your community's equalized valuation per capita decile rank and ranges from 52%to 70%of the total project cost. The maximum grant award for any project is $500,000. The reimbursement rate and maximum grant award may be raised or lowered at the discretion of the Secretary. As for all grant programs,there is no guarantee that monies will be awarded. Eligible Cost Policy for FY09 Be sure not to close on the property until your application has been successful and you have an executed contract with DCS. Acquisition projects must be completed and closed out by June 30,2009. DCS will offer a"how-to"workshop on Wednesday,January 21,2009 from loam to 12 noon in Boston at 100 Cambridge Street,on the 2nd floor conference room A. I strongly recommend that you attend the workshop if you plan to apply,and ask you to RSVP to Celia Riechel at(617)626-1187. You should also contact her with any questions you may have.The workshop presentation and answers to any questions received before Wednesday,February 25,2009 will be posted on the DCS website. Only questions submitted in writing or asked at the workshop will be addressed by DCS staff. Grant Award Schedule: Application Release Date: December 12,2008 Workshop Date: Wednesday,January 21,2009 at t Dam End of Question Period: Wednesday,February 25,2009 Application Deadline: Thursday,March 12,2009 at 3 m Site Inspections: Completed by 2-3 weeks after application deadline Award Announcement: Antici ated announcement on or about 60 days from Application Deadline Project Completion Deadline: June 30, 2009 Sincerely, p — 69 Robert O'Connor Director Town Of North Andover :BONING BOARD OF APPEALS 11hert P. Manzi III l sd.Chairman Lllen P..14clntyre, i'rrtr-</mzrnmrn Ilich;trd 1.Bver's,]3s( C7e,k µOc3Tty �i>sepltl.). L.aGmsse p�+,`•d 'e ti� Richard Al V; bilcourt p t � _ m �1 ctn ralr,l t mhrr � lumtas D Ippolito * z llaruel S..11t tc sC; yP�RSSACH1t5���� fn n r lcrk'Fnnv Sinatp This is to certify that twenty(20)days have elapsed from date of decislon,filed Any appeal shall be filed within Notice of Decision without filing to an jppeah (20)days after the date of filing Date /4d ra Shaw c�F g Year 2008 ddb f4:Bradshaw of tlus notice in the office of the T10"9I@fkt Town Clerk,per Mass. Gen.L. ch. 40A,§17 Property at: 14 Ba State Road NAME: Judy—Carney HEARING(S): October 14,2008 ADDRESS: 14 Ba State Road PETITION: 2008-012 North Andover,MA 01845 1 TYPING DATE: October 17,2008 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,October 14,2008 at 7:30 PM upon the application of Judy Carney,14 Bay State Road(Map 58.B,Parcel 28),North Andover,MA requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the rear setback in order to construct a sun porch and deck addition,and for a Special Permit from Section 9,Paragraph(s) 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 South side of Bay State Road within the R- 4 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 September 22&29,2008. The following voting members were present: Joseph D.LaGrasse,Richard J.Byers,Richard M. Vadlancourt,and Thomas D. Ippolito. Upon a motion by Joseph D.LaGrasse and 2"d by Richard M. Vaillancourt the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 8.3 from the rear setback in order to construct a proposed sun porch and deck addition;and upon a motion by Joseph D. LaGrasse and 2nd by Thomas D.Ippolito the Board voted to GRANT a Special Permit from Section 9,Paragraph 9.1 of the Zoning Bylaw in order to allow a pre-existing,non-conforming building to be extended by a sun porch and deck addition on a pre-existing,non-conformin lotper: nPlan 14 Bay State Road(Ma 58.B,Parcel 28)„North Andover,MA 10845 Board of Appeals Plan, 14 Bay State Road,No. Andover,Massachusetts, Assessors Map 58B Parcel 28,prepared for Judy Carney, 14 Bay State Road, No. Andover,Massachusetts 01845 ( evseDates): September 9,2008 Registered Professional David Alves.#45454,New England Engineering Services, Inc., 1600 Osgood Land Surveyor: Street,Building 20,Suite 2-64,North Andover.MA 01845 Sheet/Drawing: Sheet 1 of 1,File# 1580-1 -09-09-08 Build=Title: Proposed Renovations, 14 Bay State Road,No.Andover,.Massachusetts, Assessors Map 58B Parcel 28,prepared for Judy Carney, 14 Bay State Road, No. Andover,Massachusetts 01845 By: B.C.O.Jr.,New England Engineering Services,Inc., 1600 Osty Street, Building20, Suite 2-64,North Andover, MA 01845 Date: September 11, 2008 Sheet/Drawing: Sheet 1 of 1,File#1580-WC ST: Page 1 of 2 ATTE A True Copy 1600 Os ul St.,Ialtjn 478- .'ltulivdr. Town Clerk 1'lumc- h4R..g511 [:,,t }_r;;4-? Town of North Andover ZONING BOARD OF APPEALS l.lbert P `Latin.III Esq.(,Awromm l.�lkn P. 1i�L)ta n:, I t,r-Cf:r,:rman Ric h:;n'il � Rtct�,1 `q. (.ire , f rloRrN ]Zu utid M G ullanconrt. lhcnn,cc D.Ippolifo 1)tntcl S lin tele, SS•4C PEUSEi Tuwn i;lerk l-ne Swnp Voting in favor: Joseph D.LaGrasse,Richard J.Byers,Richard M.Vaillancourt,and Thomas D. Ippolito. The Board finds that owing to circumstances relating to the shape of the 14 Bay State Road lot especially affects 14 Bay State Road and its wide,shallow lot and location of its small single family dwelling but does not affect generally the Residential 4 zoning district in which it is located. The Board finds that the 14 Bay State Road lot was created prior to the existence of zoning bylaws and a literal enforcement of the provisions of Section 7, Paragraph 7.3 &Table 2 and Section 10 Paragraph 10.4 of the Zoning Bylaw would involve substantial hardship, financial or otherwise,to the petitioner. The Board finds that there was no written or spoken opposition to this appeal. The Board finds that the proposed addition is sited in the lot area requiring the least amount of variance. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Zoning Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw that 14 Bay State Road is an appropriate location for this sun porch_and deck addition to die single-family dwelling and that the proposed rear addition,as developed,will not adversely affect the neighborhood as illustrated by three photographs of the addition's proposed location showing abutting side and rear views submitted to the Board during the hearing. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians from this rear addition and that adequate and appropriate facilities are provided for the proper operation of the proposed use by the existing utilities at 14 Bay State Road. The Board finds that the proposed addition of a rear sun porch and deck to 14 Bay State Road is in harmony with the general purpose and intent of the North Andover Zoning Bylaw and that this extension shall not be substantially more detrimental than the existing structure to the neighborhood, 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 Inspector of Buildings. 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 dommenced,it shall lapse and may be re-established only after notice,and a new hearing. North Andover ZZ111ing Board of Appeals Richard J.Byers,Esq.,Acting Chairman and Clerk: Joseph D.LaGrasse Richard M. Vaillancourt Associate Afembers Thomas D..Ippolito Decision 2008-012. M58.BP28. Page 2 of 2 lE(Irl i.-.1t -,_d Vit..I Ic{l �(1- u .',(i. ;•:rih:`.cicl,iv�r.MA 01X45 Pilc:•n. -.7Y-W-,'X0541 Ing �7d-fi`, > '4r G6 ah t' wt.o:n„tip•,- tirl,;,dr.:,nt i RECEIPT Printed:11-12-2008 0 15:07:47 Essex North Registry Robert F. Kelley Register 'Trans#: 142165 Oper:KEVINZ CARNEY Book: PL Page: 16028 Ctl#: 246 Rec:11-12-2008 0 3:07:46p DOC DESCRIPTION TRANS AMT --- ----------- --------- PLAN Surcharge CPA $20.00 20.00 5.00 TECH FEE 5.00 Plan recording 50.00 Total fees: 75.00 ------------------------------------ Book: 11373 Page: 191 Inst#: 29073 Ctl#: 247 Rec:11-12-2008 ® 3:07:46p NAND 14 BAY ST RD DOC DESCRIPTION TRANS AMT ----------- --------- NOTICE Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 75.00 *** Total charges: 150.00 CHECK PM 5453 150.00 TOWN OF NORTH ANDOVER VARIANCE4 i F ZONING BOARD OF APPEALS 2003 SEP 12 1)112. 5 1 NAME: _ "3- ADDRESS OF APPEAL: i'w%Town=GlerkTimeStamp (. � 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: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application.as incomplete. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the Rules and Regulations and is not meant to cost of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7• DELIVERY OF LEGAL_NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy.of the Board's decision will be cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4. OBTAIN LIST OF PARTIES IN INTEREST: General Law ch. 40A§ 17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS. STEP 5- SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1) original and ten (10)Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 381 (DI fice to be certified by the Town Clerk with the time Common St., Lawrence MA, and shall complete the :,std date of filing. The original will be left at the Town Certification of Recording form and forward it to the :'nrk's Office, and the 10 Xerox copies Will a left with Zoning Board of Appeals and to the Building Ete Zoning Board of Appeals secretary. Department. WORTANT PHONE NUMBERS: .ffice;f Community 0%ev. '10 : ,_E;r.rices ^4North,�rFdatrenrn Hall 1600 Osgood Street, I%0^.^ain 'streeett 378-F88-')�01 � :wn C:ierks JiCe !orth clover, MA 91 45 , €- :, ty ^ op m s sit 9i8-x388-^7`5S ;sensors t�ffice �� .x f�3r Crritmu�ti_ t�e,�,31 ,„, ding Cepartrnent `3oard of.�ppf=.FIs . fi�a' CFP 1 DUO nC nPPEALS PAGE 4OF4 VARIANCE .3. WRITTEN DOCUMENTATION "10. B. Ksn Specifications: 'lpplication for a variance mist be supported by a 0 Size of plan: Ten (10) paper copies of a Man not legibly written or typed memorandum setting forth in to exceed 11'x17'., preferred scale of 1"=40' detail all facts relied upon. When requesting a Variance lb One(1)Mylar,with one block for Registry Use from the requirements of MGIA ch.40A, Sec. 10.4 and Only,and one block for five(5)ZBA signatures&date. the North Andover Zoning By-laws, all dimensional IIn Plan shall be prepared, stamped :ind certified by requirements shall be clearly identified and factually a Registered Professional Land Surveyor. Please supported. All points,A-F,are required to be note that plans bya Registered Professional Engineer, addressed with this application. Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. A. The particular use proposed for the land or *10 C. *Required Features On Plan: structure. 1) Site Orientation shall include: B. The circumstances relating to soil conditions, shape 1. north point or topography of such land or structures especially 2. zoning district(s) affecting the property for which the Variance is 3, names of streets sought which do not affect generally the zoning 4, wetlands(if applicable) district in which the property is located. 5. abutters of property,within 300' radius C. Facts which make up the substantial hardship, 6. locations of buildings on adjacent properties financial or otherwise,which results from literal ,.vithin 50'from applicants proposed structure enforcement of the applicable zoning restrictions 7. deed restrictions, easements. with respect to the land or building for which the M Legend&Graphic Aids shall include: variance is sought. 1. Proposed features in solid lines&outlined in red C. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed lines sought will be desirable and without substantial 3. Graphic Scales ,Detriment to the public good. 4. Date of Plan E. Facts relied upon to support a finding that relief 5. Title of Plan. sought may be given without nullifying or 6. Names addresses and phone numbers of the substantially derogating from the intent or purpose applicant, owner or rec-ord, and land surveyor. of the Ordinance. 7. Locus F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects, such as decks,sheds,and garages, application. shall require only the plan information as indicated with an.asterisk In some cases further information may '10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals small be.accompanied by the following described plan. Plans 11. APPLICATION FILING FEES must be submitted-rrith 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- pdor to the public Isearing before the Zoning Board of ,4022-1760-4841"for the cost of first class, certified, appeals, retum receipt r$4.64 as of January 2006)x#of all parties in interest identified in MGIA 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 4 hen the application applicant shall supply first class postage.:tamps i evolves new construction/conversion/and/or a ;currently 39¢)x the#of parties of interest 3n the proposed change in use. :abutter's list for:,he decision mailing. 0. A. Major Prr.jects 11.B. P�ailing I,�beEs:Applicant ;hal!provide .`our 1) ;rear pr; e6 is.are .f csa. Nhich invr�lve me of the :3ets of mailirg !:I",is:so Arger than V.,2-3i8"f3 copies ?r rr'r'p!cgd: "'irthe Legal, 2-rd ,re cavy for €a t�ecis;cn r 1)i ve (5) or rnor a park rig:spaces, - r) ii ore- ,3) 3r me;e<< e'lir-g units, _Q'i 3,,r(} �r�u :!�e itaeni'?f i�6;,!ing -3!,%a. +a v'.:.<raanree arse jr.-i 4nted ;J1y 1, e] .'SA, �l[! r::�psew in 1. i'1� l •.fr.�.) 1-.ar J, l'i �',e 3 i io ddifrq� r,_� .r 1 R :I:d tt.. _�;'s =;•sEAbrr^r;lted. '! +'-Ii : j P!.1, PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E Please complete all items 1 -10 below: 1. Petitioner: *Name, *Address and telephone number: �v D C(,fZ tJ E�) / *The petitioner shall be entered on the legal notice and the decision as entered above. i 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Years Owned Land: 2 5 ,q�25 3. Location of Property: a. Street: I q av kysTi� t2-D Zoning District: R-q b. Assessors: Map number: 5B 3 Lot Number: 2,01 c. Registry of Deeds: Book Number: v q3 z Page Number: 3o� 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Ise C11") on 1 3 U arSRs C -Ecr �ct�s) kk�jn rig Lc% Z I 72,1,44 ✓StOA.JIiz 2EQLjkC9 .4iPAJTS *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. j i 6. Describe the Variance request: t�il(�w #� R.GDVc1or\ 't'K� �CQ.�ttZE� 2CfFlL dt+,(ZD Se?7-eAc14, F2o.0 -3-o r--e-eT 1z eQ j t ge D 'iU Z 1-7 r e l fo/2- r1- 'VG'w The above description shall be used for the purpose of the legal notice and decision. A more detailed description Is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not Involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) I..ot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 9P 3Ss! % 9. % r aye a vN -V NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear /00 23.3 2G•�? t8• z�� 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 100 6 D. Required Lot: (As required by Zoning Bylaw 8 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 Iz oo -- — l oO — 3D /.� lS 36 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building" of Units" `Reference Uses from the Zoning Bylaw&Table 1. "*State number of units in building(s). 76. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building" of Units *Reference Uses from the Zoning Bylaw&Table 1. *"State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by t Zoning Board of this application as incomplete. Signature: Type above names here: ;, Ca Bk 1 137 Psi-91 ''29 73 11-12-2008 a 03 : 07P I ABOVE FOR REGISTRYOFDEEDS USE ONLY COVER SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT DO NOT REMOVE G OR GRANTEE CQ tj —anADDRESS PROPERTY CITY/TOWN TYPE OF DOCUMENT MIC ASSIGNMENT TYPE DEED MORTGAGE { NOTICE��-f Stoll TYPE DISCHARGE SUBORDINATION AFFIDAVIT CERT TYPE DEC OF HOMESTEAD UCC TYPE DEC OF TRUST OTHER DESCRIBE Essex North Registry of Deeds Robert E Kelley, Register 354 Merrimack St. Suite 304 Lawrence, MA 01843 (978) 683-2745 www.lawrencedeeds.com i HP Fax K 1220xi Log for NORTH ANDOVER 9786889542 Oct 20 2008 4:41pm Last Tran„ ction Date TimIdentification DurationBW $a1 Oct 20 4:39pm Fax Sent 89783276138 1:18 2 OK i f NORTH � 3� °` •6 �L 9Ss^c►+usEs ,s ZONING BOARD OF APPEALS Community Development Division Date: C/ P f Dear: v?P,0✓ 1 14 As you know,the Zoning Board of A peals granted your application for a Variance and/or Special Permit or Finding for premises at: Your 20-day appeal period will have passed at midnight on the following date: " o l allowing you to begin the following three steps startin on: ! I ✓2 p_f 1. Once the appeal period has passed,please pick up your Town Clerk-certified copy of the Zoning Board of Appeals decision,and your ZBA Board-signed Mylar(if a Mylar was required)from the Town Clerk's office located at 120 Main Street,North Andover,MA 01845(978-688-9501) 2. Please bring the Town Clerk-certified copy of the decision&the signed Mylar to the Essex North Registry of Deeds, 354 Merrimack Street, Suite#304 Lawrence, [use Entry C)MA 01843 (97883-2745),as the decision and Mylar must be filed at the Registry of Deeds as soon, as possible. , 3. Once this is completed,please bring:A.copy of the Town Clerk&Registry—stamped decision,B.a paper copy made from the ZBA Board-signed and&Registry-marked Mylar,&C.the Registry of Deeds receipt to the Building Department,which is located at 1600 Osgood Street,North Andover,MA 01845. Failure to file the decision and Mylar with the Registry of Deeds will result in your inability to exercise your Variance and/or Special Permit and/or Finding due to your inability to obtain a building permit from the Building Department. "Furthermore,if the rights authorized by the variance are not exercised within one(1)year of the date of the grant, they shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,they shall lapse and may be re-established only after notice and a new hearing." If you have any questions, please feel free to call(978-688-9541)or fax(978-688-9542), Monday through Friday, 8:304:30. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townafnorthDndover.com , Town of North Andover ZONING BOARD OF APPEALS .Albert 1).Manzi III,Esq.Chairman Ellen P.N cTntyrc,l lre-G'Fairmmt Richard 1.Byers,Esq.Clerk Of tyORT a.��O /�' ��� � Joseph ll.LaGrasse 3r ._ ,' �,. e o Richard M.Vaillanco.trt O � A,ssoxaJe A4embers A 7110mas D.Ippolito x i Daniel S. 13raese,Esq. ;*,o� '��., • Tavn Clerk Time Stvnp RSSACHUSES Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2008 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A,§17 Property at: 14 Bay State Road NAME: Judy Carney REARING(S): October 14,2008 ADDRESS: 14 Bay State Road PETITION: 2008-012 North Andover,MA 01845 TYPING DATE: October 17, 2008 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,October 14,2008 at 7:30 PM upon the application of Judy Carney,14 Bay State Road(Map 58.B,Parcel 28),North Andover,MA requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the rear setback in order to construct a sun porch and deck addition and for a Special Permit from Section 9,Paragraph(s) 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 South side of Bay State Road within the R- 4 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 September 22&29,2008. The following voting members were present: Joseph D.LaGrasse,Richard J.Byers,Richard M. VaillancouM and Thomas D.Ippolito. Upon a motion by Joseph D.LaGrasse and 2"d by Richard M.Vaillancourt the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 8.3 from the rear setback in order to construct a proposed sun porch and deck addition;and upon a motion by Joseph D, LaGrasse and 2"'by Thomas D.Ippolito the Board voted to GRANT a Special Permit from Section 9,Paragraph 9.1 of the Zoning Bylaw in order to allow a pre-existing,non-conforming building to be extended by a sun porch and deck addition on a re-existin ,non-conformin lot r: Site: 14 Bay State Road(Map 58.B,Parcel 28)„North Andover,MA 10845 Site Plan Title: Board of Appeals Plan, 14 Bay State Road,No. Andover,Massachusetts, Assessors Map 58B Parcel 28,prepared for Judy Camey, 14 Bay State Road, No. Andover.Massachusetts 01845 Date(&Revised Dates): September 9,2008 Registered Professional David Alves,#45454,New England Engineering Services,Inc., 1600 Osgood Land Survevor: Street.Building 20,Suite 2-64,North Andover.MA 01845 Sheet/Drawing: Sheet 1 of 1,File# 1580-1 —09-09-08 Building Plan Title: Proposed Renovations, 14 Bay State Road,No. Andover,Massachusetts, Assessors Map 58B Parcel 28,prepared for Judy Carney, 14 Bay State Road, No. Andover,Massachusetts 01845 By: B.C.O.Jr.,New England Engineering Services, Inc., 1600 Osgood Street, Building 20, Suite 2-04,North Andover,MA 01845 Date: September 11,2008 Sheet/Dra'%ving: I Sheet 1 of 1,File#1580-WC Page 1 of 2 1600 Osgood St,Bldg 20-Suite 2-36,Nnrth Andover..\1:1 01945 Phone•978-688-9541 Fax-978-6,N9-95-12R%eh-cac�k.to cnufnorUtandvi-r.com Town of North Andover ZONING BOARD OF APPEALS Albert P.Nlawi I11,Esq.C'bairmmn Ellen P.'McIntvre, Dire-C iaimm Richard 1.Bias,Esq.C'ierF F NORrp � r^r ( r l y Joseph D.LiGrasse 3� e`, e Richard N1.Vaillancourt. o - rl.uodaJe.1-femGerr * ': A Thomas D.Ippolito +' s Daniel S. Rraese,Esq. TOWnCcrk'TimeStamp SACHUS� Voting in favor: Joseph D.LaGrasse,Richard J.Byers,Richard M.Vaillancourt,and Thomas D. Ippolito. The Board finds that owing to circumstances relating to the shape of the 14 Bay State Road lot especially affects 14 Bay State Road and its wide,shallow lot and location of its small single family dwelling but does not affect generally the Residential 4 zoning district in which it is located. The Board finds that the 14 Bay State Road lot was created prior to the existence of zoning bylaws and a literal enforcement of the provisions of Section 7, Paragraph 7.3 &Table 2 and Section 10,Paragraph 10.4 of the Zoning Bylaw would involve substantial hardship, financial or otherwise,to the petitioner. The Board finds that there was no written or spoken opposition to this appeal. The Board finds that the proposed addition is sited in the lot area requiring the least amount of variance. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Zoning Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw that 14 Bay State Road is an appropriate location for this sun porch and deck addition to the single-family dwelling and that the proposed rear addition,as developed,will not adversely affect the neighborhood as illustrated by three photographs of the addition's proposed location showing abutting side and rear views submitted to the Board during the hearing. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians from this rear addition and that adequate and appropriate facilities are provided for the proper operation of the proposed use by the existing utilities at 14 Bay State Road. The Board finds that the proposed addition of a rear sun porch and deck to 14 Bay State Road is in harmony with the general purpose and intent of the North Andover Zoning Bylaw and that this extension shall not be substantially more detrimental than the existing structure to the neighborhood. 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 Inspector of Buildings. 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. North Andover ng Board of Appeals Richard J.Byers,Esq.,Acting Chairman and Clerk Joseph D.LaGasse Richard M. Vaillancourt Associate:Members Thomas D.Ippolito Decision 2008-012. M58.BP28. Page 2 of 2 1600 Osgood St.,Bldg 20-Suite 2-36.North;jidover.A[r1 01 R4i Phone-978-68.4-9541 Fat-978-688-9542 Web-W,z v.b%knof?orthand.rver.com �e $ o' 45 4 + Y -- _ "' 7 S UL 14 [OUB BOARD OF APPEALS ►'k a x �a-iq s r OUI�S�U ,yam s rV� " a f� }j us u r rnw s OCT Mill SOA Rp oFAPpFAts s -F•Yr-'4►�" t `in -,ate W - : s yt �x MIC T i k � E r Of NORT�,� Zoning Bylaw Review Form Town Of North Andover a Building Department 1600 Osgood Street,Building 20,Suite 2-36 North Andover MA.01845 Phone 978-688-9545 Fax 978-688-9542 Street: 14 Bay State Road Ma /Lot: 58B/28 Applicant: Judy Carne Request: Deck and sun porch addition to a Mirgle-family dwelling Date: September 11,2008 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-4 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting X 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area NA 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required X 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 2 Complies 3 Left Side Insufficient 3 Preexisting Height X 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage NA 6 Preexisting setback(s) X 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed X 4 Insufficient Information 2 In Watershed. j Sign NA 3 Lot prior to 10124/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking NA 1 In District review required 1 More Parking Required 2 Not in district X 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-6 Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for.Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA. Planned Development District Special Special Permit Use not Listed but Similar Permit Planned Residential Special Permit Special Permit for 2 Unit R-6 Density Special Permit B-4 Special Permit Pre-existing,Non- Conformin Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the - applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the 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.Y u must file a new building reit application forth and begin the permitting process. C „ G Buildi g Departmen Official Signature Application R ceived Application n Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Revl�w � Reasons for Qenial&Bylaw�Refi�rence���`�,���� � � �. � - � � A � ,. B4 A Special.Permit from 9.2 of the Zoning Bylaw for the extension of a non- conforming structure on a non-conforming lot is required through the Zoning Board of Appeals C-6 A Variance from 7.3&Table 2 of the Zoning Bylaw is required in order to construct the proposed sun porch and deck on the single family dwelling from the Zoning Board of Appeals. Referred To: Fire Health Police X Zoning Board of Appeals Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT ZoningBylawDenial2000 NEw ENGLANDENGUqMNG SERVICES, INC. 1600 Osgood Street Building 20 Suite 2-64 North Andover, MA 01845 "lel: (978) 686-1768 • Fax: (978) 327-6138 wwwneengineeringinc.com September 11, 2008 Albert P.Manzi,III,Esq. Chairman North Andover Board of Appeals 1600 Osgood Street North Andover,MA 01845 Re: 14 Bay State Road,North Andover Variance application Dear Mr. Chairman: Please accept this letter as a memorandum in support of the request for a variance for the above referenced property. The particular supporting information as required by the application is outlined below. A. The particular use proposed for the land or structure. The proposed use of the proposed structure is an expansion of the existing residential single family use. B.The circumstances relating to soil....which do not affect generally the zoning district in which the property is located. The site is a small site having been created prior to the existence of zoning bylaws. Homes in the area including the existing dwelling on this lot and structures on the neighboring lots do not meet the current zoning due to the small size and the configuration of the properties. This property, although undersized for the zoning district, has the proper frontage making it more shallow than a typical property in the district would be. C.Facts which make up the substantial hardship,financial or otherwise,which would result from literal enforcement of the applicable zoning restrictions with respect to the land or the buildings for which the variance is sought. Due to the fact that this home is modest in size yet it is still at or beyond most of the offset requirements it can not be modified without variances. The additions being proposed are modest and would not be able to be constructed at any location on the property without variances. D.Facts relied upon to support a finding that relief sought will be desired and without substantial detriment to the public good. The property as it exists is shielded from the neighboring properties by fences and trees which would allow this addition to be constructed without any visual impact upon the neighboring properties. The use of the home will remain with the same people who are using the home currently and there will be no increase in the use of the site. The yard area of the property in question is bordered on the rear by a driveway servicing the McNamara residence,on the east by a driveway and a barn,and on the west by a property with the garage side of the dwelling closest to the subject property. E.Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the ordinance. The intent of the Zoning Bylaw is to protect the inhabitants of the town of North Andover. Issuance of this variance will not be detrimental to the inhabitants of North Andover.As described above the use and visual impacts of this addition would not impact any of the direct abutters and will fit with the intent of the bylaw. F.Not Applicable. I will be at your next meeting to make a presentation to the board and to discuss this matter. Sincerely, Benjamin C. Osgood, .,P.E. President #-455.rn5� aoX 3y Sk 10432 P9303 X34539 QUITCLAIM DE"_11-2006 & 09 NO13a tn o We,Walter P. Carney and Judith A. Carney of 14 Bay State Road, North Andover, Essex County, Massachusetts 01845 for consideration paid in an amount less than One Hundred and no/100 ($100.00) 0 6 grant to Judith A. Carney, individually, of 14 Bay State Road, North Andover, MA 01845 14 with Quitclaim Covenants 0 z b Two certain parcels of land,with the buildings thereon, situated in North Andover, 0 Essex County, Commonwealth of Massachusetts more particularly bounded and described as follows: 4J Ca PARCEL I: The land in North Andover in said County, namely: Lot sixty-one (61)on plan entitled, "Beacon Hill," made by R.W. Seamans, C.E., dated October, 1906, recorded with North Essex Registry of Deeds, Book 239, Pa 600, being more particularly bounded and described as follows: m NORTHERLY fifty(50)feet by Bay State Road; 14 WESTERLY eighty-eight and 88/100 (88.88)feet by Lot No. 60 as shown on said plan; a EASTERLY eighty-eight and 841100 (88.84)feet by Lot No. 62 as shown on said plan; and SOUTHERLY by Lot No.4 as shown on said plan. PARCEL I I: A certain lot of land situated in said North Andover, being numbered sixty-two (62)on plan of beacon Hill made by R.W. Seams, C.E., dated October, 1906, and recorded in Essex County North District Registry of Deeds, Book 239, Page 600, and being more particuarly bounded and described as follows: NORTHERLY fifty (50)feet by Bay State Road; WESTERLY eighty-eight and 84/100 (88.84)feet by Lot No. 61 as shown on said plan; EASTERLY ninety-three and 64/100 (93.64)feet partly by Lot No. 63 and partly by Lot No. 64 as shown on said plan; and SOUTHERLY by Lot No. 3 as shown on said plan.. Abutter to Abutter( ) Building Dept ( ) Conservation( ) Zoning ( ) REQUIREMENT: MGL 40A,Section 11 slates in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositson any public or privatewm,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." - Subiect Property: MAP PARCEL Name Address 58.6 28 Judith Camey 14 Bay State Road North Andover,MA 01845 Abutters Properties Man Parcel Name Address 58 5 Steven Foundation VO Box 111 North Andover,MA 01845 58 6 Douglas Chrichello 227 Osgood Street North Andover,MA 01845 58 7 Laurence Smith �33 Osgood Street North Andover,MA 01845 58 28 Klaus Szyska c1f01 Osgood Street North Andover,MA 01845 58.B 8 Lorane Clifford 1141,Beacon Hill Blvd North Andover,MA 01845 58.B 9 Nancy Melvin V28 Beacon Hill Blvd North Andover,MA 01845 58.B 11 Arthur Murphy 10 Beacon Hill Blvd North Andover,MA 01845 58.B 12 DJ Casamasina vWbeacon Hill Blvd North Andover,MA 01845 58.B 13 DJ Casamasina=d to f e 12 Beacon Hill Blvd North Andover,MA 01845 58.B 14 Carlene Laguerre 230 Osgood Street North Andover,MA 01845 58.B 15 Brehm Benammi k.Zt'4 Osgood Street North Andover,MA 01845 58.6 16 Brian Cox 220 Osgood Street North Andover,MA 01845 58.B 17 John Middleton �20 Osgood Street North Andover,MA 01845 58.B 18 John Conaton L>1 Bay State Road North Andover,MA 01845 58.B 19 DJ Casamasina 12 Beacon Hill Blvd North Andover,MA 01845 58.6 21-OOOO.A Song Chae tA5 Bay State Road#A North Andover,MA 01845 583 21-OOOO.B Richard Graham 25 Bay State Road#B North Andover,MA 01845 58.B 23 Robert Labadini 1,12 Randolph Circle Wesfford,MA 01886 58.B 24 Lori Reinhart �Bay State Road North Andover,MA 01845 58.B 25 Denis Maillet ;4 Bay State Road North Andover,MA 01845 58.B 27 Bruce McKean \_X Bay State Road North Andover,MA 01845 58.B 29 Stephen Kochakian vZ()Osgood Street North Andover,MA 01845 58.B 30 Leo Cotter i X266 Osgood Street North Andover,MA 01845 58.B 31 Samuel Allen V 0 j u�&t€? rJ 204 Osgood Street 01 North Andover,MA 01845 58.B 32 Edward Rabbito jV0 Box 935 North Andover,MA 01845 58.B 38 Edward Rabbito_. d u ?, - -PO Box 935 North Andover,MA 01845 58.A 19 James Tamagnine 1 L 42 Bay State Road North Andover,MA 01845 58 15 Harold Azoian �� ���d 168 Osgood Street -1-4(0 -OS North Andover,MA 01845 58 37 Lillian Le L,&9 Phillips Common North Andover,MA 01845 58 38 Linda Byers t_XY7 Phillips Common North Andover,MA 01845 58 39 Aiguo Yan Yl5 Phillips Common North Andover,MA 01845 58 57 Phillips Common Development Corp h#8733 Tumpike Street,Ste.2091-.2-VeNorth Andover,MA 01845 Date 9/10/2008 This certifies that the names appearing on the Page 1 °t ' records of the Assessors Office as of JG H"fk V / a vo j, Q' Certified b ` .� httP,f,{r77aps,Ince.cr�n7 cieinult,aspx encT�Pe int':diere1=14+Eaf'+Stat +Rd%2c+hJor#li+Andoverls'�L-+MA401345 -l�aQ5 • �+ :' Liv,ae,rd-i -!e Edit Yiev, HJelp ' Boo6arkas,. z"3lIock.ed � Check, A,tLirk iSend tow �rClive local'00 + _ rvelocalcorn uEo l' j P3�3�Nr � I�5e3t_1" tat Live Search IdJg tSin g s:,r 1 .}} 'nvfi'" r `; ":.�. ,.. �,," .", «, +,,," �.; ,,,, ;: .,�'?.:,w� ,�.�"✓,. � x i 5 `..;fl l -P ,.,L ./,"r,, ,hgw •' -.., F"> ';, �'.� _ ,, �. �y.�x' �`, z`�'��` >'•��;�, r �� � z f����, � ���,,,.�r '' I ��� ` x, :�r�;r �-�':�; s",er � a s � �,y r ., >, e, ,.er,,.; " ., ,,, �; ,� ,.xz:. �,,s`,rs�w A�,..> szta° ���"i��,tr,"s•fin. .xe�, ,.J,` ,,.?-ry�`a,.rr,=s _ ..„; Live,Search � 1 4 Bay State Rd, North Andover, hr'1A 01845-4005Maps �� I Businesses - People = Collections i Locations i' trVeb V"Ie.lc;C,me. 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Ir' Uve Search mads' � ;3 �5 Rt�t r , ,arttH � 9 TOWN OF NORTH ANDOVER SPECIAL - -HFI- ZONING BOARD OF APPEALS PERMIT*." " r' NAME '� u D H c62 Bi '4 SSI'' 12 11"i'l 12 ADDRESS OF APPEAL l H 13 #y _c_,7K=ZE> Town Clerk Time Stam Procedure & Requirements for MA `:f.h.CF U`-= an Application for a Special Permit 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: Failure to submit the required information within the time The Office of the Zoning Board of Appeals schedules the periods prescribed may result in a dismissal by the applicant for a hearing date and prepares the legal Zonin 'Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules_and notified that the legal notice has*been prepared and the Regulations and.is not meant to supersede them. The cost of the Party in Interest fee. petitioner will complete items that are underlined. STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building.Permit and receivers The petitioner picks up the legal notice from the Office of a Zoning Bylaw Denial form completed by the the Zoning Board of Appeals and delivers the legal notice Building Commissioner. to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information as The petitioner should appear in his/her behalf,or be required in items 1 through and including 11 shall be represented by an agent or attorney" In the absence of completed. any appearance without due cause on behalf of the petition,the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the'required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch.40A sec. 17,within twenty(20)days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one(1)original and 10 Xerox copies STEP 10: RECORDING THE DECISION AND PLANS. of all the required information to the Town.Glerk's Office The petitioner is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 384 Merrimack Office, and the 10 Xerox copies will be left with the St., Lawrence MA 01843, and shall complete the Zoning Board of Appeals secretary. Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. gig R IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services Town Hall 1600 Osgood Street 120 Main Street Building 20, Suite 2-36 North Andover, Massachusetts 01845 978-688-9542 fax for Co,n munity Development offices 978-688-9501 Town Clerk's Office 978-68 5 pB 1 6,104 - ent 978-688-9566 Assessor's Office 978-688 ping Board Appeals office SEP .I 1 LUOQ PAGE 1 of 4 BOARD OF APPEALS PAGE 4 of 4 SPECIAL PERMIT 2 _ t 9. WRITTEN DOCUMENTATION IIn Plan shall be prepared, stamped and certified by a Application for a Special Permit must be supported by a Registered Professional Land Surveyor. Please note legibly written or typed memorandum setting forth in that plans by a Registered Professional Engineer, detail all facts relied upon. When requesting a Special Registered Architect, and/or a Registered Landscape Permit from the requirements of MGLA ch.40A, and the Architect may be required for Major Projects. North Andover Zoning By-laws,all dimensional *10 C. *Required Features On Plan: requirements shall be clearly identified and factually n Site Orientation shall include: supported. All points,1-6,are required to be 1. north point addressed with this application. 2. zoning district(s) 3. names of streets 1.The particular use proposed for the land or structure. 4. wetlands(if applicable) 2.The specific site is an appropriate location for such 5. abutters of property,within 300'radius use, structure or condition. 6. .locations of buildings on adjacent properties 3.There will be no nuisance or serious hazard to within 50'from applicants proposed structure vehicles or.pedestrians. 7. deed restrictions,easements. 4.Adequate and appropriate facilities.will be provided in Legend&Graphic Aids shall include: for the proper operation of the proposed use. 1. Proposed features insolid lines&outlined in red S.The use is in harmony with the purpose and intent of t 2• Existing features to be removed in dashed lines Zoning Bylaw. 3. Graphic Scales 6.Specific reference and response to the criteria 4. Date of Plan required by the particular Special Permit for.which 5. Title of Plan. this application is made(i.e.the Earth Removal 6. Names addresses and phone numbers of the Special Permit has unique criteria and submittal applicant,owner of record, and land surveyor. requirements.). 7. Locus. 10. PLAN OF LAND 10 D. Minor Projects Each application to the Zoning Board of Appeals shall be Minor projects,such as decks,sheds,and garages, accompanied by the following described plan. Plans shall require only the plan information as indicated with must be submitted with this application to the Town an. asterisks(*). In some cases further information may .Clerk's Office and ZBA secretary at least thirty(30)days be required prior to the public hearing before the Zoning Board of appeals. 11. APPLICATION FILING FEES A. Notification fees:Applicant shall provide a check A set of_building elevation plans by a Registered or money order to:"Town of North Andover for the cost Architect may be required.when the application of first class, certified, return receipt x#of all parties in involves new constructionla conversion/and/or a . interest identified in MGLA ch.40A§11 on the abutter's proposed change in use. list for the legal notice check. Also,the applicant shall supply first class postage stamps x the#of parties of 10 A. Major Projects interest on the abutter's list for the decision mailing. B. Mailing labels:Applicant shall provide four(4) Major 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 mailing and one copy for the Decision I)five or more parking spaces, mailing). II)three(3)or more dwelling units, C. See 2005 Revised Fee Schedule. III)2000 square feet of building area. 19>0 A Special Permit once granted by the ZBA will Major Projects shall require that in addition to the above lapse in 2(two)years if not exercised and a new • features,plans must show detailed utilities, soils,and petition must be submitted. ®® topographic information. *10. B. *Plan Specifications: I) Size of plan: Ten(10 )paper copies of a plan not to exceed 11"x17", preferred scale of 1"=40' In One(1)Mylar,with one block for Registry Use Only, and one block for five(5)ZBA signatures and date. i PAGE 2 OF 4 Date&Time Stamp North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT W.SM 0: § . ,n _ M 1. Petitioner: *Name, *Address and telephone number: c7J C A'Z Q E I ►- l3S i�7� O 2�C nJ rVt *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: q78-686" 5cl76 Years Owned Land: 3. Location of Property:_ a. Street: 13Ay 5TWI e TLP Zoning District: 12."4 b. Assessors:- Map Number SS F' Lot Number: z9 c. Registry of Deeds: Book Number 10g37— Pagea.Number: 3J 4. Zoning Bylaw Section(s) under which the petition for the Special Permit is made. _$ccloyl al.Z A"-?�qrz✓l 02 *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: c„rre.l-n- l ►�.� rOn 2 c .-w S+r✓ 1¢c w l.«,�n 1,C CJ L can 0% 4D al" 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. �I 1 Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for SPECIAL PERMIT I - 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage. Parking Minimum Lot Setback Sq. Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear % % 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 oqgas -- % ioo Zkq 1$a zl.7 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback . Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7A. Existing Building(s): Ground Floor Number of Total, Use of Number Square feet Floors Sq.feet Building* L• of Units** {1L q Z aJ6s Pes,�e, lel �we �l:•y *Reference Uses from the Zoning Bylaws&Table 1. *'"State number of units in building, 7B. Proposed Building(s).- Ground uilding(s):Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units** *Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. 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 Appeais does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning and of t ' application as incomplete. Signature Type above name(s) here Zoning Bylaw Review Form Town Of North Andover Building Department ; 1600 Osgood Street, Building 20,Suite 2-36 ,,,° North Andover,MA.01845 sKHus Phone 978-688-9545 Fax 978-688-9542 Street: 14 Bay State Road Ma /Lot: 5813128 Applicant: Judy Carne Request: Deck and sun porch addition to a single-family dwelling Date: September 11,2008 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-4 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting X 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B use 5 No access over Frontage 1 Allowed G Contiguous Building Area NA 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required X 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 2 Complies 3 Left Side Insufficient 3 PreexistingHeight X 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage NA 6 Preexisting setback(s) X 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed X 4 Insufficient Information 2 In Watershed J Sign NA 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 NA 1 In District review required 1 More Pa king Required 2 Not in district X 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-6 Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common DHveway 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 Special Permit Use not Listed but Similar Permit Planned Residential Special Permit Special Permit for 2 Unit R-6 Density Special Permit 84 Special Permit Pre-existing,Non- Conforming Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the 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.Y u must file a new building rmit application form and begin the permitting process. Build' g Deparlmen Official Signature Application R ceived Applicator 6#69 Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: XWM evil w- r *e asrons &`l�ylat , efereF'Oft"IM'it �ce 1 g;R'e B-4 A Special Permit from 9.2 of the Zoning Bylaw for the extension of a non- conforming structure on a non-conforming lot is required through the Zoning Board of Appeals C-6 A Variance from 7.3&Table 2 of the Zoning Bylaw is required in order to construct the proposed sun porch and deck on the single family dwelling from the ZoningBoard of Appeals. Referred To: Fire Health Police X Zoning Board of Appeals Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12000 s NEw ENGLAm IENGiM NG BERM , INC. 1600 Osgood Street Building 20 Suite 2-64 North Andover, MA 01845 TIM: (978) 686-1768 • Fax: (978) 327-6138 www.neengineeringinc.com September 11,2008 Albert P.Manzi,III,Esq. Chairman North Andover Board of Appeals 1600 Osgood Street North Andover,MA 01845 Re: 14 Bay State Road,North Andover Special permit application Dear Mr. Chairman: Please accept this letter as a memorandum in support of the request for a special permit for the above referenced property. The particular supporting information as required by the application is outlined below. 1. The particular use proposed for the land or structure. The proposed use for the existing structure and the proposed addition is as a residential dwelling. The property is currently used as a residence and has been since it was constructed.. 2. The specific site is an appropriate location for such use,structure or condition. The property is located in a residentially zoned district. The surrounding properties are all used as residential properties. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The property is currently used as a residential property. There would be no increase in vehicle activity in association with the expanded residential use. 4.Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The existing property has existed as a residential property in a residential neighborhood since its construction.The proposed use of the property is no different than the use in existence since it was constructed. The facilities in existence at this time will remain and are adequate to service the proposed use. i 5.The use is in harmony with the proposed intent of the zoning bylaw. The zoning bylaw states I I specific purposes. Granting of the requested special permit does not violate any of the stated purposes because the property is a residential property surrounded by residential properties. 6.Not Applicable. I will be at your next meeting to make a presentation to the board and to discuss this matter. Sincerely, �----�� C Benjamin C. Osgood,Jr.,P.E. President �55�r5�v Dox 3q Bk 1.0432 R9303 —W34539 QUITCLAIM DEQ-11-2006 at 09^ 13at o We,Walter P. Carney and Judith A. Camey of 14 Bay State Road, North Andover, Essex County, Massachusetts 01845 for consideration paid in an amount less than One Hundred and no/100 ($100.00) 6 grant to Judith A. Carney, individually, of 14 Bay State Road, North Andover, MA 01845 0 with Quitclaim Covenants z b Two certain parcels of land, with the buildings thereon, situated in North Andover, Essex County, Commonwealth of Massachusetts more particularly bounded and described as follows: PARCEL I: The land in North Andover in said County, namely: Lot sixty-one (61)on plan entitled, "Beacon Hill," made by R.W. Seamans, C.E., dated October, 1906, recorded with North Essex Registry of Deeds, Book 239, Pa 600, being more particularly bounded and described as follows: m NORTHERLY fifty(50)feet by Bay State Road; b WESTERLY eighty-eight and 88/100 (88.88)feet by Lot No. 60 as shown on said plan; a. EASTERLY eighty-eight and 84/100 (88.84)feet by Lot No. 62 as shown on w said plan; and SOUTHERLY by Lot No. 4 as shown on said plan. PARCEL II: A certain lot of land situated in said North Andover, being numbered sixty-two (62)on plan of beacon Hill made by R.W. Seams, C.E., dated October, 1906, and recorded in Essex County North District Registry of Deeds, Book 239, Page 600, and being more particuarly bounded and described as follows: NORTHERLY fifty (50)feet by Bay State Road; WESTERLY eighty-eight and 84/100 (88.84)feet by Lot No. 61 as shown on said plan; EASTERLY ninety-three and 64/100 (93.64)feet partly by Lot No. 63 and partly by Lot No. 64 as shown on said plan; and SOUTHERLY by Lot No. 3 as shown on said plan. i Abutter to Abutter( ) Building Dept ( ) Conservation ( ) Zoning ( ) I I REQUIREMENT. MGL 40A,Section 11 states In part"parties In Interest as used In this chapter shall mean the patigoner, abutters,owners of land directly opposheon any public or private way,and abuhers 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.' - Sublect Property., I MAP PARCEL Name Address 58.B 28 Judith Camey 14 Bay State Road North Andover,MA 01 B45 Abutters PropetBes Mia Parcel Name Address 58 5 Steven Foundation PO Box 111 North Andover,MA 01845 58 6 Douglas Chrichello 227 Osgood Street North Andover,MA 01845 58 7 Laurence Smith 233 Osgood Street North Andover,MA 01845 58 28 Klaus Szyska 201 Osgood Street North Andover,MA 01845 58.B 8 Lorane Clifford 40 Beacon Hill Blvd North Andover,MA 01845 58.B 9 Nancy Melvin 28 Beacon Hill Blvd North Andover,MA 01845 58.6 11 Arthur Murphy 22 Beacon Hill Blvd North Andover,MA 01845 58.8 12 DJ Casamasina 12 Beacon Hill Blvd North Andover,MA 01845 58.13 13 DJ Casamasina 12 Beacon Hill Blvd North Andover,MA 01845 58.B 14 Carlene Laguerre 230 Osgood Street North Andover,MA 01845 58.B 15 Brehm Benammi 214 Osgood Street North Andover,MA 01845 58.B 16 Brian Cox 220 Osgood Street North Andover,MA 01845 58.B 17 John Middleton 220 Osgood Street North Andover,MA 01845 58.6 18 John Conaton 11 Bay State Road North Andover,MA 01845 58.B 19 DJ Casamasina 12 Beacon Hill Blvd North Andover,MA 01845 58.6 21-OOOO.A Song Chae 25 Bay State Road#A North Andover,MA 01845 58.8 21-OOOO.B Richard Graham 25 Bay State Road#B North Andover,MA 01845 58.B 23 Robert Labadini 12 Randolph Circle Westford,MA 01886 58.B 24 Lori Reinhart 36 Bay State Road North Andover,MA 01845 58.8 25 Denis Maillet 30 Bay State Road North Andover,MA 01845 58.8 27 Bruce McKean 22 Bay State Road North Andover,MA 01845 58.B 29 Stephen Kochakian 210 Osgood Street North Andover,MA 01845 58.B 30 Leo Cotter 206 Osgood Street North Andover,MA 01845 58.6 31 Samuel Allen 204 Osgood Street North Andover,MA 01845 58.B 32 Edward Rabbito PO Box 935 North Andover,MA 01845 58.8 38 Edward Rabbito PO Box 935 North Andover,MA 01845 58.A 19 James Tamagnine 42 Bay State Road North Andover,MA 01845 58 15 Harold Azoian 168 Osgood Street North Andover,MA 01845 58 37 Lillian Le .59 Phillips Common North Andover,MA 01845 58 3B Linda Byers 67 Phillips Common North Andover,MA 01845 58 39 Aiguo Yan 75 Phillips Common North Andover,MA 01845 58 57 Phillips Common Development Corp 733 Turnpike Street,Ste.209 North Andover,MA 01845 Date 9/10/2008 This certifies that the names appearing on the Page 1 of 1 records of the Assessors Office as of ,jRN.,W / a vo d Certified b . 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