HomeMy WebLinkAboutMiscellaneous - 14 BAY STATE ROAD 4/30/2018 4 BAY STATE ROAD
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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
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Richard M. Vaillancront o m
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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
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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.
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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.
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TOWN OF NORTH ANDOVER
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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
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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
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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�
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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
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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 . Date-
°