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HomeMy WebLinkAboutMiscellaneous - 144-146 148-150 Waverley t Y Mow A� MAMW C�w YA K� `1 9 fire, We-- FILED 01, dut cn I - -o3 I ISD Vjo�uPr �t� 00 CCwa�ln�Y �n.� n p L) C/d ry s ����,� 0( �'"��'of���5 ✓Ul�tv ,m t -ev, ZBA 119 Date ... 0 TOWN OF NORTH ANDOVER t RECEIPT CHU This certifies that.... ........M.1-4.K.P... I ............................... has paid..#.. .........c,..V,.�........ .................. for..... Received by... 4Z� .................................................. . . Department...... ................................................................... WHITE: Applicant CANARY:Department PINK:Treasurer -1 __----7 -- n9) 7 Y Town of North Andover f NORTH , ?p t O o ,••�00 Office of the Zoning Board of Appeals 0 �p Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 'SS Ara.0 t D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 N =UD - co Any appeal shall be filed Notice of Decision C) within(20)days after the Year 2003 ,x date of filing of this notice w ` in the office of the Town Clerk. Property at: 144-146& 148-150 Waverly Road NAME: Kevin Murphy HEARING(S): 4-16&5-15-03 co ADDRESS: 144-146& 148-150 Waverly Road PETITION: 2003-003 North Andover,MA 01845 TYPING DATE: 05-28-03 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,at 7:30 PM upon the application of Kevin Murphy, 169 Boxford Street for premises at: 144-146& 148-150 Waverly Road,North Andover requesting a Variance from Section 7,Paragraphs 7.2,7.3,and Table 2 for relief of street frontage and front and side setbacks on two existing lots and a Variance from Section 7,Paragraph 7.3 and Table 2 for relief of the rear setback on a proposed third lot;and a Special Permit from Section 9, Paragraph 9.2 in order to create a third lot from two pre-existing,non-conforming lots in order to construct a new dwelling. The said premise affected is property with frontage on the North side of Waverley Road within the R-4 zoning district. The following voting members were present: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Upon a motion by George M.Earley and 2nd by Joseph D.LaGrasse the Board voted to GRANT dimensional Variances for relief from Section 7.1 lot area and table 2 for 144-146 Waverley Road of 4,797.4 sq. ft.,for 148-150 Waverley Road for 5,570.3 sq. ft.,and the proposed lot on Morris Street of 2,526 sq. ft.in order to construct the proposed 50'x 28' 1 family dwelling;and upon a motion by George M. Earley and 2°d by Joseph D. LaGrasse the Board voted to GRANT the Special Permit from Section 9, Paragraph 9.2 in order to create a third lot from two pre-existing,non-conforming lots in order to construct a new dwelling according to Plan of Land location North Andover,MA prepared for Kevin W.and Elizabeth Murphy by Scott L. Giles,#13972,Registered Professional Land Surveyor,Scott L.Giles,Frank S. Giles Surveying,50 Deermeadow Road,No.Andover,MA 01845,Date:December 10,2002,Revisions: 5/12/03 and on the following conditions. 1.A new Mylar will be provided to reflect the above Plan of Land dated December 10,2002 and revised 5/12/2003; 2.The foundation will stay within the 50 x 28' footprint outlined on the above plan; 3.The dwelling will be one family,only; 4.The 48"weeping willow on the northeast Morris Street frontage will be removed,branch,trunk and stump. Voting in favor: Walter F. Soule,John M. Pallone,Ellen P.McIntyre, George M.Earley,and Joseph D. LaGrasse. Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Of NO o*H Office of the Zoning Board of Appeals Community Development and Services Division ;+0 .0- • 27 Charles Street " North Andover,Massachusetts 01845 'Ss�CHUSE` D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 The Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood and finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice, and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Walter F. Soule,Vice Chairman Decision 2003-003, Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover 1 e MORTb Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street +0 ATIP►� North Andover,Massachusetts 01845 "ss,,C„uset D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover,Board of Appeals Notice is hereby given that the Board of Appeals will hold'a public hearing at the Senior Center, 120R Main Street,North Andover,MA on Tuesday the 11'b of March,2003 at 7:30 PM to all parties interested in the appeal of Kevin Murphy, 169 Boxford Street for premises at: 144-146& 148-150 Waverly Road,North Andover requesting a Variance from Section 7,Paragraphs 7.2,7.3,and Table 2 for relief of street frontage and front and side setbacks on two existing lots and a Variance from Section 7,Paragraph 7.3 and Table 2 for relief of the rear setback on a proposed third lot;and a Special Permit from Section 9,Paragraph 9.2 in order to create a third lot from two pre-existing,non-conforming lots in order to construct a new dwelling. The said premise affected is property with frontage on the North side of Waverley Road within the R-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street,North Andover, MA,Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William I Sullivan,Chairman Published in the Eagle Tribune on February 24&March 3,2003. 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Postal Servicel CE • a • m CERTIFIEDRECEIPT !Uni •� emestic Mail only,-No irisurance cov"ge pro,( ru , only, S' In5urance Coverage Provided) �PwteOe m Fse, E KiNGSTCw, Ln ►fit 03827 Postage s x�Sat86l� .a 'a Ln 0,37 UNIT ID: 0845 u,_ Postage a 0.37 �jIT 1D: 0845 C3 Canilled Foe C3 Cenitied Fee COP Postmark fl`J 2"30 Postmark C3 Return Receipt Fee O Return Race pt Fee (Endonemem Aequlrem Mery (EndereemMt Recltrrem Mere C] Reatriotep par 4 Aeealoted Deb"Fee to (Enaoroemem pe�'unem Q Clerk: KSMF'MC t3 (Endorsement Regvlred) Clerk; KWNC Total Postage l Fe" a2/ZQ02/20/03•� $ 2.67 02120/03 $ 2.67 iru L OSent To 4 •.•'w�_.....�/.__._.S.!....1';t;(LG%JO.; NO..No. � or PO Boxa.N>,. �aJ . ... ...-_Zd.e ._..._.A M. r�— 1 h ..._ C+eX S`tafe- a oIYK tr ��v� N-H, o302.q Town of North Andover 4 o t«W o .6"t Office of the Zoning Board of Appeals F= Community Development and Services Division _ 27 Charles Street North Andover,Massachusetts 01845 ��SsgcHuSE��� D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 l h-3Date � TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 w = ' 0 O t7 Please be advised that I have agreed to waive the time constraints for the NorthcD Andover Zoning Board of Appeals to make a decision regarding the granting of a-0 F� Variance Special Permit: Comprehensive Permit (40B) Finding for property located at: STREET: TOWN: &= , MEETING DATE(S): NAME OF PETITION Signed: �-D Pe rtio r or petitioner s re re entative) W7 E �!�NER PR 9 B2ft j eals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 1 L J i BOARD OF APPEALS (----d - �03 Town of.North Andover NORM„ Office of the Zoning Board of Appeals o? ` '' °- Community Development and Services Division _ 27 Charles Street �°,.......�. North Andover,Massachusetts 01845 acHusE D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Date TO: Town of North Andover Zoning Board of Appeals o c---)=+ Ry 27 Charles Street — North Andover MA 01845 > V �rr Ti >L .• .rJ - Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a t: Comprehensive Permit (40B) Finding for property located at: STREET: ���` . �-"1 L( � U ✓� � TOWN: �,,J;/ P, MEETING DATE(S): NAME OF PETITIONER: Signed: Petitioner (or petitioner':s rep enta ive) n �p WAIVER D `U Ud WA4 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Bealth 978-688-9540 Planning 978-688-9535 f� l.r!A 1 2002 BOARD OF r.. rPE-ALS r "�— � LRT v.3 �2 \•. � f \ \ co ZCL LLJ LLJ o - 1. a�yy.' 1p es , `a X1 d rj4�- s;*ye t Q /J�� q// :o \ -9 L vJRIS e J} Tkof i O Cj er� t3 �31 `' v "10 S v6 S's tt I O i. O �2.oa3i Av 60 > / o > 0 3 - � a u '6? i ��i�(!-°` ��,�''�.1.�C�! �.- LYS 11��1 -•%C.�c� �� 1 '7 1 v� :s .,� ,���,�----r.-��� .s��•:-�x��-�, iso-�rj-C.�--- � � r - � � f r 9 I / ` /SCJ •'���'�A�.� j� A s f fr—aa13' ;541-jo–ldbi au"�"t, stiaou03 grog v "ter _twd p£:L W IS u17Ow uo looq:)S aipp!W 3'.•aTr;na_ gitL4, Effy i»ljtrin�j_v_.a�jg <,. North Andover. on Tuesday 3 +' Hing, the 13 day of May, r- = 19 t 7.30 o'clock, to all sAcHust� es interested In the appeal s of Anthony T. & Susan J: Moreschi requesting a variation of Sec.as rapermit7.1 & ef 7.2&Table 2 of the Zoning By to from frontage and back line requirements on the premises. located at Moms St.. Lot 18. By order of the Board of Appeals Serio,Jr.,Chairmar Publish N.A.Citizen:April 24 and May 1 1986 912- TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS 4; !: Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6: SCHEDULING OF HEARING AND be submitted thirty 30 days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is incomplete. notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7: DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: ofthe Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and receives notice to the local newspaper for publication. a Permit 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 petitioner, the Board shall decide on the matter by using completed. the information it has otherwise received. 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 item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch. 40A sec. 17,within twenty (20) days Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing. The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording,cgrtification of Appeals secretary. the decision and any accompanying plans the,Essex County North Registry of Deeds, Lawrence =-;-< STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Cer��fica# n'6t Once the petitioner submits all of the required Recording form and forward it to the Zoning Bofr"brj information, the petitioner requests from the Assessors Appeals and the Building Department Offize. zr>, �m�r•z Office a certified list of Parties in Interest (abutters). o7-DU,G mx> w CD nr ct� IMPORTANT PHONE NUMBERS: D JAN - 2003 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office BQARD OF APPEALS 978-688-9545 Building Department i PAGE 4 OF a VARIANCE 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch.40A, Sec. 10 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By-Law all dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually supported and addressing 1. North point each of the following points individually is required with this 2. zoning district (s) application. 3. names of streets 4. wetlands to be shown on plan (if applicable) A. The particular use proposed for the land or structure. 5. abutters of property, within 300 foot radius B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within topography of such land or structures especially 50' from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend & Graphic Aids: which the property is located. 1. Proposed features in solid lines&outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise, which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. 6. Names/addresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or will be desirable and without substantial detriment tQ surveyor. the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the application involves new construction/conversion/and/or Continuous Buildable Area is applied for in ZBA k application. a proposed change in use. Elevation plans for minor projects including decks, sheds, & garages shall be 10. Plan of Land included with a side view depicted on the plot plan, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. PP 9 PP accompanied by the following described plan. Plans must 11. APPLICATION FILING FEES be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to A. Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals. certified-mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps (appropriate Major projects are those which involve one of the following current postage) for mailing of decisions to all whether existing or proposed: a) five or more parking parties in interest as identified in MGLA ch. 40A, spaces, b) three or more dwelling units, and sec. 11 as listed on the application. ZBA Secretary c) 2000 square feet or more of building area. will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one (1) set of addressed require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail asterisks ("). In some cases further information may be decisions to abutters and parties in interest. required C. Administrative fee of$50.00 per application. — 10 B. Plan Specifications: , ^�� _ seso�w�eeid m e �sw�e as uu u e n�'_ raE a) Size of plan: Ten (10) copies of a plan not to exceed 11"x17", preferred scale of 1"=40'. A Variance once granted by the ZBA will lapse in b) Plan prepared by a Registered Professional Engineer one (1) year if not exercised and a new petition must and/or Land Surveyor, with a block for five (5) ZBA be submitted. signatures and date indicated on mylar. Page 2 of 4 Application for a VARIAN C E Zoning Board of Appeals 1. Petitioner: Name, address and telephone um v yr � o ��er: tJ. A � Nk 1`l�b ��S•533� "The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: �} NIU �� D(l.Q yLu Years Owned Land: Oo0 = t 7- 3, 3. Location of Property: 4ba. Street: 44-X56 VjaJtO r� Zoning District R4- b. . Assessors: Map number Lot Number: 4-!�-� c. Registry of Deeds: Book Number �1 rl 9 Page I�umber:_ � 4. Zoning Sections under which the petition for the Variance is made. r1 dab dL �� g (S��s� W *Refer to the P rmit Denial and zoning By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request C>"ea+,C15 w hov� f e 0 d area46V)t f eX1<0 50i 1A1n S L.6t E 1s nan - Gin r in ' ro osis 3 lbds 'The above descri on shall be used for the purpose of the legal notice and decision. A more detailed deqjrlption is required purInAnt to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request 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. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will`not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A--W 5A % 48.6-5 15.5 l•� -4� CD-B� Baa�sq.� NA L ct1nQ-tl�/_� Page 3 of 4 Application for a VARIANCE Zoning Board yof Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back" or(A Sq. Ft. Sq. Ft. Coverage Feet. Spaces Front Side A Side B Rear 14,235 4 s 95 a 14 5 14-a V.5 1a- 4y) 5 15 c. Proposed Lot (S): I Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back` Sq. Ft. Sq. Ft. Coverage Feet Spaces Front. Side A Side B Rear 3 2513 a- 35.6 45 15.5 0/0 d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back` Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear oA loa 15 15 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building` t¢o 0 3 4avo PasyeY-)C-0, 'Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building` 'Reference Uses from the Zoning By-Law.State'number of units in building. 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 the Zoning Board of this application as incomplete. Signature 6W-t� /,tA� Type above name (s) here U Zoning Bylaw Denial Town Of North Andover Building Department 27 Charles St.North Andover,MA.01845 Phone 978-688-9545 Fax 978488-9542 Street yY-/Y -n` Ma/Lot Y Applicant: Kavry r-£4aa e 4 //1✓np Request Pdree 10+0 3 Date: II-"-I--GL I-arl-0a Please be advised Nat after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zonin Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient eS A- 1 Front a Insufficient y eS q.p 2 Lot Area Preexistin 2 Fronla a Com Ties 3 Lot Area Com lies 3 Preexisim frontage 4 Insufficient Information 4 Insufficient Information B Use S No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Com lies 4 Special Permit ReQuired e5 3 ereexisluill CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building IN 1 All setbacks cent I 1 Hei ht Exceeds Maximum 2 Front Insufficient y<s A.O 2 Com les 3 Left Side Insufficient ¢S A af3 3 Preexislin Nei ht H g S, 4 might Side Insufficient es AHD 4 Insufficient Information 8 Rear Insufficient l Building Coverage 6 InsunPreexistingsetbacks 1 Covera a exceeds maximum 7 Insufficient Information 2 Covera a Com lies D Watershed 3 Coverage Preexisting 1 Not in Watershed e S —47 Insufficient Information 2 In Watershed J Sign 9 Lot prior to 1 D/24/94 1 Si n not allowed 4 Zone to be Determined 2 Si n Com lies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking i In District review required 1 More Parkin R wired 2 Not in district y c s 2 Parld Com lies 3 Insufficient Information 1 3 Insufficient Information 4 1 Pre-existing Parking 4e.5 Rented for the above is checked below. Item t S chat Permits Plannin Board Item 1 Variance Site Plan an. S eclat Perm- C•�-j Setback Variance Accass other than Fronla e S ial Permit Parkin Variance Fronts a Ecce tion Lot S ial Permit Lot Area Variance Common on Upemal Permit Hei ht variance Con r ate Housin S eclat Perm- Variance for Sion Continuing Care Retirement Specie!Permit S tial Permits Zonin Board Inde endent Elden Housin special Perm- S ecial Perm-Non Corhrormin Use ZBA Lar a Estate Condo Special Permit Faith Removal S I Permit g W Planned bevel ment District S I Permit S hal Penn-Use not Listed but Similar Planned Resitlen ti. l S I Perm- S eclat Permit for Sign RA Dens' S "I Perm- -- S I Permit re Min nonconformin Watersned Specie]Permit The above reviewand attached"Venebon of won is based on the plans and bdernown%&TA a.NooeGtiwervbwend ar adries BNA be baxM orh verbal m¢tmhabup by the aPPuaeri rldf shed ouch hR,pa ex➢larodons br me apph-4 care to provide deruld"aneawato me ebeven—nsfur DENIAL Anyinacoxecles,nWeey,gimormabon.aallw ue,a charges to am imomiaum Remitted by tte appkant Wit be(pares far aae revlavv b be voideo at the diure mal the BWeing Depamnnd.The WWW doaanaa dlad'Plan Re—Namlire'shdr ba atlacnW ha,tlo are axupaated herein W relaenee.The building degnment e1p return atl plans and ooamadeuon Mr the eba'.e fee.Ya must ale a new d hew pemdt application form and bapim sle pemNlkg process. Il-arj-Da .alldmg Department officiai Signature Applicalbn Received Application Denied Denial Sent: If Faxed Phone Numbwfi)ate: I Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/: perrit for the property Indicated on the reverse side: iY;lRte�fer1tf ,i@ f" �' *vi^+; 1,N a k ate Rs §fD� a �� 1AIN t t > A —1 VA R/)NC"2- a vl rca® e�s a / J Xa tv r �hau'� /' /r,-� d-re d {TOTS A 4,e s-r V 4,4 lS O'er* /S 1Aa L,/r-ek 'Pour 77t�C i170NCUN�'vnni/N 5C") Y- }3� Se ^ arm/ ,v da,-e,,, Gr/ Jec- K 7LVle CVAnr�n�fe5' Referred To: Fire Health Police Zo ing Board Conservation De artment of Public Works Planning Historical Commission Other BUILDING DEPT ,WOTTL GILL -S. 50 DEERMEADOW ROAD NORTH ANDOVER, MA 01845 E-MAIL, FrankGilesSurva@mediaone.net TEL. (978)683-2645 (978)683-3924 SURVEYING LAND PLANNING CONSULTING DECEMBER 12, 2002 To: NORTH ANDOVER ZONING BOARD OF APPEALS From: FRANK S. GILES, P.L.S. RE: VARIANCE APPLICATION from MGLA ch. 40A Sec. 10 Sect. 7 Table H(C 3&4 } Site: 144-150 WAVERLY ROAD This document is to address a requirement WRITTEN DOCUMENTATION of Section on page 4 of 4 on the Variance application. A. The particular uses are and shall be Residential and remain as such. B. The soil conditions, topography shall not be altered or affected. C. The hardship exists in 2 pre-existing non conforming parcels of property with odd shapes. The parcels have plenty of area but exists as unusable space. The shape of the land prevents creation of a new 3 rd lot shall provide housing at a reasonable and affordable cost. D. The proposed dwelling and lot shall be consistent with conditions in the immediate area. E. The zoning is meant to protect the public health, safety conditions, traffic overcrowding conditions do not derogate the purpose. This allows a family to maintain a level of housing for the level of income. F. There are no wetlands on this property or within any jurisdictional distance to warrant a RDA. Please call me for any questions you may have in this matter. Thank you Frank S. Giles, P.L.S. Town of North Andover, Zoning Board of Appeals Parties of Interest)Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or 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 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." Applicant's property,list by map,parcel,name and address(please print clearly and use black ink.) MAP PARCEL NAME ADDRESS 14 49 KEVIN&ELIZABETH MURPHY #148 WAVERLEY ROAD ABUTTERS PROPERTIES MAP-PARCEL NAME ADDRESS 14-15 WILSON, JUNE 151 WAVERLEY ROAD NORTH ANDOVER, MA 01845 14-19 JAMES & MARY E HANOVER 147 WAVERLEY ROAD NORTH ANDOVER MA 01845 14-37 LISA, DAVID, MARY, &SCOTT MORTON 160 WAVERLY RD N.ANDOVER MA 01845 14-47 DAVID A MARY L MORTON PO BOX 322 W. BOXFORD, MA 01885 14-51 DOROTHY&JOSEPH CAMPIONE 62 POWWOW RIVER RD E. KINGSTON NH 03827 14-52 SHEA, JOHN W 158 WAVERLEY R NORTH ANDOVER MA 01845 14-56 COCO R.T. MARY COCO ET AL,TRS 185 MIDDLESEX ST N. ANDOVER MA 01845 14-70 ROBERT& Y GA LE C BEAUDOIN 114 SECOND ST NORTH ANDOVER MA 01845 19-31 EDWARD J& CYNTHIA AMOR 106 SECOND ST NORTH ANDOVER MA 01845 19-41 DONOFRIO,JOSEPH&ROMIE KELLEHER 28 MORRIS ST N.ANDOVER MA 01845 19-58 JOHN & MARY LOU COSTELLO 3 MORRIS STREET NORTH ANDOVER MA 01845 19-62 LOMBARDI, KAREN C 18 MORRIS ST NORTH ANDOVER MA 01845 THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE:_December 12, 2002 SIGNATURE PAGE: 1 OF 1 Wfied Board of ss r North Andover TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS PROCEDURE and REQUIREMENTS STEP 6: SCHEDULING OF HEARING AND for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules a SPECIAL PERMIT the applicant for a hearing date and prepares the legal Ten 10 copies of the following information must notice for mailing to the parties in interest (abutters) and ( ) p 9 for publication In the newspaper. The petitioner is be submitted thirty (30) days not later than noon notified that the legal notice has been prepared and the prior to the first public hearing. Failure to submit cost of the Party in Interest fee. the required information within the time periods prescribed may result in a dismissal by the Zoning STEP 7: DELIVERY OF LEGAL NOTICE TO Board of an application as incomplete. NEWSPAPER/PARTY IN INTEREST FEE: The information herein is an abstract of more specific The petitioner picks up the legal notice from the Office requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication. are underlined will be completed by the Town. STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and BOARD OF APPEALS: Permit Denial form com leted.b the The petitioner should appear in his/her behalf, or be receivers a erm Y p represented by an agent or attorney. In the absence of Building Commissioner. any appearance without due cause on behalf of the petitioner,the Board shall decide on the matter by using STEP 2: SPECIAL PERMIT APPLICATION FORM: the information it has otherwise received. Petitioner completes an application form to petition the Board of Appeals for a Special Permit. All information STEP 9• DECISION: t fired in items 1 through including e ' DECISION- as required 9 g 11 shall b After the hearing, a copy of the Board's decision will be completed. sent to all parties in interest. Any appeal of the Board's Step 3: PLAN PREPARATION: decision may be made pursuant to Massachusetts Petitioner submits all of the required plan information as General Laws ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Cleric. cited in item 10 page 4 of this form. off; STEP 4: SUBMIT APPLICATION: Step 10: RECORDING CERTIFICATE OF DECISION Petitioner submits one (1) oriPLANS.ginal of all the required The petitioner is responsible for recording certification of information and 10 xerox copies to the ZBA Secretary. the decision and any accompanying plans at the Essex ' The original will be stamped by the Town Clerk County North Registry of Deeds, Lawrence certifying the time and date of filing. The remaining ten Massachusetts, and shall complete the Certification of I copies will remain at the office of the Zoning Board of Recording form and forward it to the Zoning Board of Appeals secretary. Appeals and the Building Department Office. `:D c_ STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required prn information, the petitioner requests from the Assessors - 17; r~ Office a certified list of Parties in Interest (abutters). ' y'�50 co ter— >y o rr'chi-,o ' rn CD i. ..�.:'..G.. ..'..t....-..,..:.:: ..x....1'..... s.1,.:�• v .....tea.,._ .. ,,..x.. .-... .wu ... _ ..-.,...w_-...�.... ,.� ... ..:M n..xa.m.. w.w.tr...... µv....—....w.., a.• .:. ..,... ... IMPORTANT PHONE NUMBERS: 978-688-9501 Town Clerk's Office ��� v 2003 978-688-9545 Building Department 978-688-9541 Zoning Board of Anpeals Office EOARD OF APPEALS 'AGE 4 OF 4 Application for a SPECIALPERMIT .. ,r....w.:k d .,..„_..;,�Qd._,.,„gy,.,,. ..n..*ts..,1,_. i.....d .u_...«,..,_Cse.1,wT+tf3ay.:;.....ce@:.'C.. . .t._.. ,r........ ...,t... .. .Y� , ......,...., ....�v.�:.�... .,.. .,......,. ...J.a.a n.»..L.._.. 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a ` legibly written or typed memorandum setting forth in 10C. FEATURES TO BE INDICATED ON PLAN: detail all facts relied upon. This is required in the case A. Site Orientation shall include: of a Special Permit when the following points, based on 1. North point 'MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law 2. zoning district (s) iand P 9.2 Special Permit Granting Authority shall be clearly 3. names of streets identified and factually supported: Addressing each of the 4. wetlands to be shown on plan (if applicable) below points individually is required with this 5. abutters of property, within 300 foot radius application. 6. location of buildings on adjacent properties within 50'from applicants proposed structure I1, The particular use proposed for the land or structure. 7, deed restrictions, easements 2. The specific site is an appropriate location for such B. Legend & Graphic Aids: use, structure or condition. 1. Proposed features in solid lines& outlined in red 3. There will be no nuisance or serious hazard to 2. Existing features to be removed in dashed lines vehicles or pedestrians. 3. Graphic Scales 4. Adequate and appropriate facilities will be provided for 4. Date of Plan the proper operation of the proposed use. 5. Title of Plan 5. The use is in harmony with the purpose and intent of 6. Names addresses and phone numbers of the the zoning by-law. applicant, owner of record, and designer or S. Specific reference and response to the criteria surveyor. required by the particular special permit for which this application is made (i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS: Permit respond to criteria and submittal Major Projects shall require that in addition to the above requirements). features, plans must show detailed utilities, soils, and i0. Plan of Land topographic information. A set of building elevation and interior of building plans will be required when the =ach application to the Zoning Board of Appeals shall be application involves new construction/conversion and/or a 'accompanied by the following described plan. Plans must proposed change in use. Elevation plans for minor )e submitted with this application to the Town Cleric's projects including decks, sheds, & garages shall be 3ffice and ZBA secretary at least thirty (30) days prior to included with a side view depicted on the plot plan, he public hearing before the Zoning Board of Appeals. which include a ground level elevation 10 A. Major Projects 11. APPLICATION FILING FEES Aajor projects are those which involve one of the following A. Notification Fees: Applicant is to send by certified whether existing or proposed: a) five or more parking mail all legal notices to all abutters, and then 'Paces, b)three or more dwelling units, and supply proof.of mailing to ZBA secretary. Applicant is :) 2000 square feet of building area. to supply stamps (appropriate current postage)for Ainor projects that are less than the above limits shall mailing of decisions to all parties of interest as 'equire only the plan information as indicated with identified in MGLA ch. 40A in sec. 11 as listed on the asterisks (*) In some cases further information may be application. ZBA Secretary will compute number of 'equired. stamps. B. Applicant is to supply one (1) set of addressed 0 B. Plan Specifications: labels of abutters to ZBA Secretary who will mail ) Size of plan: Ten (10) copies of a plan not to exceed decisions to abutters and parties in interest. 11"x17", preferred scale of 1"=40' C. Administrative fee of$50.00 per application. 21 :;:[?SscS•229a '.c.:..�,..r.:':�.�i:1r=G.:,-:ss:r:::rR..�...—. —• ) Plan prepared by a Registered Professional Engineer and or Land surveyor, with a block for five (5) ZBA A Special Permit once granted by the ZBA will lapse signatures and date on mylar. in two (2) years if not exercised and a new petition must be submitted. PAGE 2 OF 4 Date &Time Stamp ;._.. atio Applic n or aSPECIAL PERMIT 77 . �. North ANDOVER ZONING BOARD OF APPEALS ,a-r- ev�'n Mur S� M N ov6 vl�i- 'U , 11 Pleas� 1. Petitioner: Name, address and telephone number; p *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: even I � -abe, 6 Mui h 1�g 8 �f o�r 0 -�. � 5 Years Owned Land 16 'aoco e E 3. Location of Property: a. Street: 144-t aVerI4 Zoning District b. Assessors: Map number _Lot Number: 48 e 4g c. Registry of Deeds: Book Number Page Number: a 1 34. By-Law Sections under which the�petill�onfor�the Special Permit is made. .a �kRefer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. i 5. Describe the Special P it request: � cvv, ar-miln he above description shall be used for the purpose of the legal notice and decision. A more detailed description is 'iquired pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. i rage s or:4, Application fora PEIAL PERMIT J y 6.a Existing Lot: NORTH ANDOVER ZONING BOARD OF APPEALS Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back' Sq.t✓ ti,500 Sq. Ft. Coverage Feet Space Front Side A Side B Rear 1423 .4 loio 10 3'10,9 � 90o a �o a 5 �5 b. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear % 11 x.69 30 2 o� C. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear IZT Ul b loo A 3e 15 15 3o 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building" Number 1 460 4--i o 0 of Units 1406 3 4:;.c�6 RS)A o n r�o 'Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* Number of Units t� a Sav �-�.v�cQ. I 'Reference Use Code numbers and Uses from the Zoning Ordinance. 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 filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to fumish 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 the Zoning Board of this application as incomplete. Sign ature I(Vf Type above name s here KNev Zoning Bylaw Denial Town 4f North Andover Building Department �4t.­'­ ". " 27 Charles St. North Andover, MA. 01845 9SSACNUS�Kt � . .. Phone W-488-9545 Fax si 8 688 9542 _Street: y - /s'o_. Gf�AUE 2 L Ma /Lot: Applicant: _ K u r l►aPRAY Request: Su _ 1v IWe- a P� c� _3. _ Date: s� t � + o 11 , 9 Please be adviseit that after review of your Application and d Plans that our Application is 1 _E Y pp DENIED for the foFlovinng,;Zoning Bylaw reasons: Zoning Item Notes Item ,A Lot Area Notes F Frontage 1 Lot area Insufficient e5 .a; 1 Frontage Insufficient yes r++13 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required eS 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 '-I eS R+e3 _F Complies 3 Left Side Insufficient es A [3 3 Preexisting Height Ll e 5 4 Right Side InsufficientLfieeb 4 Insufficient Information 5 Rear Insufficient f' Building Coverage 6 Preexistingseftiack s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed �-- - 3 Coverage Preexisting 1 Not in Watershed �S `'l 4 2 In Watershed Insufficient Information � Sign Sign not allowed 3 Lot prior to 10/24/94 � 1 4 Zone to be Defermned 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district ;� `I S 2 Parking Complies 3_ Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Li g Remedy for the above is checked below. Item # S ecial Permits Planning Board` Item # Variance Site Plan Review Special Permit C-a-3 Setback Variance Access other than.Fronta e S ecial Permit Par' ing Variance Frontage Exce tion Lot Special Permit Lot Area Variance Common.Ddvewa S ecial Permit Height variance -Congregate Housing Special Permit Variance for Si- --Contin ui ng,Care Retirement Special Permit Inde endent Elderl Housn .$ -ecial Permit Special Permits Zoning Board Special Permit Non-Cnfoin Use-ZBALar a EstateCondo Special Permit arth Removal Special Permit ZBA Planned Deyelo Ment District S ecial Permit Special Permit Use not Listed but Similar Planned Residential.Special Permit S ecial Permit for Si n R-6 Density Special Permit ,- S ecial Permit preexistingnonconformin Watershed-8 ectal Permit 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 andAccumentation for the above file.You must file a new building permit application forrI begin the permitting process._ ilding Departmen `Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: aYfi?f,;a t e Plan Review Narrative k ` �, The following narrative is provided to further explan,the,reasons for denl��for:,{he applicationl % permit for the property P Y indicatedon the reverse side: fi' r TIM (//1 . �r w ELY—)- 5 L ) 7� � V1 ,V CUN ��r�✓N � 4,5 9� 4 �-C- C.ll/J nlc��vC+eS� S :of C 9" a Referred 7o: Fire Police Health" 17 Conservation Zoning Board Plannin )e_artment of Public Works y.; _ Hist Other orical Commission BUILDING DEPT f1 ;' 50 DEERMEADOV4r ROAD NORTH ANDOVER, MA 01845 E-M[AIL FrankGilesSurvey@mediaone.net TEL. (978) 683-2645 (978)683-3924 SURVEYING LAND PLANNING CONSULTING DECEMBER 12, 2002 To: NORTH ANDOVER ZONING BOARD OF APPEALS From: FRANKS. GILES,P.L.S. RE: SPECIAL PERMIT APPLICATION from MGLA ch. 40A B-4 SECT. 9 Site: 144-150 WAVERLY ROAD This document is to address a requirement WRITTEN DOCUMENTATION of Section on page 4 of 4 on the Special Permit application. 1. The particular uses are existing as Residential and remain as such. 2. The use nor conditions shall change-,however, a structure consistent with the neighborhood is being introduced by a size and amount consistent with the other structures in the area. 3. The abutters may voice whether a nuisance as the addition being built may not meet their approval. The vehicles and pedestrians are in no proximate area to this structure and therefore are of no hazardous condition. 4. The facilities shall not be extended,by way of any sewer,water,paving or any public facilities and are not proposed with this proposed lot and dwelling. 5. The use is to remain the same and is in harmony with the purpose and intent of the zoning bylaw. 6. The criteria for this Special Permit being requested for the extension of a non conforming lot and structure is basing our appeal on a hardship of existing conditions on a financial situation. We are not able to purchase property of a similar value of which we are in possession. The Zoning Laws have changed in this area through time so as to render this land non- subdividable according to current zoning; moreover, the land would have been at the time of it's original inception Please call me for any questions you may have in this matter. Thank you Frank S. Giles,P.L.S. �I Town of North Andover, Zoning Board of Appeals Panties of Interest!Abutters Listing REQUIREMENT: MGL 40A, Section I I states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or 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 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." Applicant's property,list by map,parcel,name and address(please print clearly and use black ink.) MAP PARCEL NAME ADDRESS 14 49 KEVIN&ELIZABETH MURPHY #148 WAVERLEY ROAD ABUTTERS PROPERTIES MAP-PARCEL NAME ADDRESS 14-15 WILSON, JUNE 151 WAVERLEY ROAD NORTH ANDOVER, MA 01845 14-19 JAMES & MARY E HANOVER 147 WAVERLEY ROAD NORTH ANDOVER MA 01845 14-37 LISA, DAVID, MARY, &SCOTT MORTON 160 InTA`r'ERLY RD N.ANDOVER MA 01845 14-47 DAVID A MARY L MORTON PO BOX 322 W. BOXFORD, MA 01885 14-51 DOROTHY&JOSEPH CAMPIONE 62 POWWOW RIVER RD E. KINGSTON NH 03827 14-52 SHEA, JOHN W 158 WAVERLEY R NORTH ANDOVER MA 01845 14-56 COCO R.T. MARY COCO ET AL,TRS 185 MIDDLESEX ST N. ANDOVER MA 01845 14-70 ROBERT& GAYLE C BEAUDOIN 114 SECOND ST NORTH ANDOVER MA 01845 19-31 EDWARD J& CYNTHIA AMOR 106 SECOND ST NORTH ANDOVER MA 01845 19-41O D NOFRI©, JOSEPH&ROMIE KELLEHER 28 MORRIS ST N.ANDOVER MA 01845 19-58 JOHN & MARY LOU COSTELLO 3 MORRIS STREET NORTH ANDOVER MA 01845 19-62 LOMBARDI, KAREN C 18 MORRIS ST NORTH ANDOVER MA 01845 THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THEN ASSESSORS OFFICE BY: DATE:_December 12, 2002 SIGNATURE PAGE: 1 OF 1 Certified Date Board of ss r North Andover i I ► • I logo OMNI ME�, momSol inns somi OMNI I_ ��■ 0mP1 m hum mom son _ -. son sit a.. Mi 10 Imi :• • • •a L--- - -- O t D I 0 D - - LU(S�0- p i-r a II xl3' II 18'xi3' it I Id II PANTRY Rep De5FK O O t3'xl3' uPr; �� O 22'X2a4' r w i ----Err= 70 0 D I - D D O LIN. UN. J D \ L------ 11',tlt' / 19•X1 LIN q•XI�• %