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Town of North Andover
ZONING BOARD OF APPEALS
Albert P. Manzi III, Esq. Chairman
Ellen P. McIntyre, I/ice-Chairrrraii
Richard J. Byers, Esq. Clerk
Richard M. Vaillancourt
Daniel S. Braese, Esq.
Associate Members
Michael P. Liporto
Any appeal shall be filed within (20)
days after the date of filing of this
notice in the office of the Town Clerk,
per Mass. Gen. L. ch. 40A, §17
201 SSP 27 99
Town Clerk Time Stamp
�SSACHUS M1`irwti:•;\f..f i.J:
Notice of Decision
Year 2011
Property at: 148-150 Waverley Road
NAME: Guberson Mercedat
HEARING(S): June 21, 2011, August 9, 2011 and
Sept 13, 2011
ADDRESS: 148-150Waverley Road (Map 14, Parcel
PETITION: 2011-03
49)North Andover, MA 01845
The North Andover Board of Appeals held a public hearing at the Town Hall, 120 Main Street, North
Andover, MA on Tuesday, Sept 13, 2011 at 7:30 PM on the application of Guberson Mercedat located
at 148-150 Waverley Road, (Map 14, Parcel 49)North Andover, MA 01845.
Petitioner is requesting two (2) Special Permits for alteration of a non -conforming Structure in accordance
with Sections 9.2 of the Bylaw and also to convert an existing 2 -family dwelling into a 3 -family dwelling
per 4.122.14.0 of the Bylaw within an R-4 District.
Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessors
Office, and were published in the Eagle Tribune, a newspaper of general circulation in the Town of North
Andover, on June 7t1i & June 14t1i, 2011.
The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers,
and Richard Vaillancourt.
The following Associate members were present: Michael Liporto.
Upon a motion by Vaillancourt and second by Byers, the Board voted to GRANT the Special Permit to
allow from paragraph 9.2 and 4.122.14.0 of the Zoning Bylaw for alteration to a non -conforming
Structure
The following members all voted in favor of the Special Pen -nit Albert P. Manzi III, Ellen P. McIntyre,
Richard J. Byers, Richard M. Vaillancourt, and Michael Liporto.
The motion was unanimously approved.
5-0.
The Board finds that this use, as developed by the building & site plans, will not adversely affect the
neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians since adequate
provisions for the required off-street parking. Adequate and appropriate facilities are provided to the
existing residential dwelling and will be provided for the proper operation of a three (3) family dwelling.
The Board finds that the three (3) family dwelling will not be substantially more detrimental than the
existing 2 -family dwelling to the neighborhood and that this use, of a 3- family dwelling, will be in
harmony with the general purpose and intent of this Bylaw.
Pagel of 2
Site:
Sections 9.2, alteration of an existing nonconfonning structure.
Section 4.122.14.0 to convert an existing 2 -family dwelling into a
3 -family dwellin .
Plan(s) Title:
1) "Plan of Land" Dated August 25, 2011 containing one (1) sheet.
Prepared by Scott L. Giles and Frank S. Giles Surveying, North
Andover, MA. 01845.
2) "Floor Plan" submitted containing one (1) sheet; and
.`Elevations" of the "Right Elevation", "Left Elevation", "Front
Elevation" and "Rear Elevation" all views contained on one (1)
sheet.
"Floor plans of Basement", "First Floor Plans", "Second Floor
Plans", and "Proposed Attic Floor Plans" all views on one (1) sheet
"Proposed Attic Plans" Larger view on one (1) sheet.
All Prepared by SAMI. LLC, Walpole, MA. 02081
Voting in favor:
Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, Richard M.
Vaillancourt, and Michael Li orto.
Voting in the Negative:
N/A
The Board finds that the applicant has satisfied the provisions of Sections 9.2 and 4.122.14.0 of the
Zoning Bylaw for 148-150 Waverley Road in an R-4 Zoning District.
Notes:
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 Special Permit(s) 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.
3. If the rights authorized by the Special Permit are not exercised within two (2) years of the date of the grant, it
shall lapse, and may be re-established only after notice, and a new hearing.
Nofth Andover Zoning Board of Appeals
Albert P. Manzi I1I, Esq., Chairman
Ellen P. McIntyre, Vice Chairman
Richard J. Byers, Esq., Clerk
Richard M. Vaillancourt
Daniel S Braese
Decision 2011-03
Page 2 of 2
Town of North Andover
ZONING BOARD OF APPEALS
Albert P. Manzi III, Esq. Chahmran
Ellen P. McIntyre, Vice -Chairman
Richard J. Byers, Esq. Clerk
Richard M. Vaillancourt
Daniel S. Braese, Esq.
Associate Members
Michael P. Liporto
Any appeal shall be filed within (20)
days after the date of filing of this
notice in the office of the Town Clerk,
per Mass. Gen. L. ch. 40A, §17
�41`'''— 4'.'° 2011 SEP 27 PP i 3.
s 99
Town Clerk'rirne Stamp
ArED
�SSACHU94:A S S P� ,-
Notice of Decision
Year 2011
Property at: 148-150 Waverley Road
NAME: Guberson Mercedat
HEARING(S): June 21, 2011, August 9, 2011 and
Sept 13, 2011
ADDRESS: 148-150Waverley Road (Map 14, Parcel
PETITION: 2011-03
49)North Andover, MA 01845
The North Andover Board of Appeals held a public hearing at the Town Hall, 120 Main Street, North
Andover, MA on Tuesday, Sept 13, 2011 at 7:30 PM on the application of Guberson Mercedat located
at 148-150 Waverley Road, (Map 14, Parcel 49)North Andover, MA 01845.
Petitioner is requesting two (2) Special Permits for alteration of a non -conforming Structure in accordance
with Sections 9.2 of the Bylaw and also to convert an existing 2 -family dwelling into a 3 -family dwelling
per 4.122.14.0 of the Bylaw within an R-4 District.
Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessors
Office, and were published in the Eagle Tribune, a newspaper of general circulation in the Town of North
Andover, on June Til' & June 14t1i, 2011.
The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers,
and Richard Vaillancourt.
The following Associate members were present: Michael Liporto.
Upon a motion by Vaillancourt and second by Byers, the Board voted to GRANT the Special Permit to
allow from paragraph 9.2 and 4.122.14.0 of the Zoning Bylaw for alteration to a non -conforming
Structure
The following members all voted in favor of the Special Pen -nit Albert P. Manzi III, Ellen P. McIntyre,
Richard J. Byers, Richard M. Vaillancourt, and Michael Liporto.
The motion was unanimously approved.
5-0.
The Board finds that this use, as developed by the building & site plans, will not adversely affect the
neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians since adequate
provisions for the required off-street parking. Adequate and appropriate facilities are provided to the
existing residential dwelling and will be provided for the proper operation of a three (3) family dwelling.
The Board finds that the three (3) family dwelling will not be substantially more detrimental than the
existing 2 -family dwelling to the neighborhood and that this use, of a 3- family dwelling, will be in
harmony with the general purpose and intent of this Bylaw.
Pagel of 2
1
,w
Site:
Sections 9.2, alteration of an existing nonconfonning structure.
Section 4.122.14.0 to convert an existing 2 -family dwelling into a
3 -family dwellin .
Plan(s) Title:
1) "Plan of Land" Dated August 25, 2011 containing one (1) sheet.
Prepared by Scott L. Giles and Frank S. Giles Surveying, North
Andover, MA. 01845.
2) "Floor Plan" submitted containing one (1) sheet; and
."Elevations" of the "Right Elevation", "Left Elevation", "Front
Elevation" and "Rear Elevation" all views contained on one (1)
sheet.
"Floor plans of Basement", "First Floor Plans", "Second Floor
Plans", and "Proposed Attic Floor Plans" all views on one (1) sheet
"Proposed Attic Plans" Larger view on one (1) sheet.
All Prepared by SAMI. LLC, Walpole, MA. 02081
Voting in favor:
Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, Richard M.
Vaillancourt, and Michael Li orto.
Voting in the Negative:
N/A
The Board finds that the applicant has satisfied the provisions of Sections 9.2 and 4.122.14.0 of the
Zoning Bylaw for 148-150 Waverley Road in an R-4 Zoning District.
Notes:
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 Special Pennit(s) 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.
3. If the rights authorized by the Special Permit are not exercised within two (2) years of the date of the grant, it
shall lapse, and may be re-established only after notice, and a new hearing.
Nofth Andover Zoning Board of Appeals
Albert P. Manzi I1I, Esq., Chairman
Ellen P. McIntyre, Vice Chairman
Richard J. Byers, Esq., Clerk
Richard M. Vaillancourt
Daniel S Braese
Decision 2011-03
Page 2 of 2
a
PLAN OF LAND
IN
NORTH ANDOVER, MASS.
OWNED BY
GUBERSON MERCEDAT
SCALE. -I"=20' DATE:5124/2011
REVISED 8124/2011
ins
p LOCUS: NO SCALE
O
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4p
C!)
J
0' 20' 40, 60'
Scott L. Giles R. P. L. S.
Frank. S. Giles R.P.L.S. SEE ASSESSORS MAP #141 PARCEL #49 AND
50 Deer Meadow Road PLAN #14574 AT THE N.E. .D.
North Andover, Mass, REQUEST IS FOR THIRD F� OOR APARTMENT.
All
y�y� s �s 40
C
yq�'OY
NORTH ANDOVER
DATE OF FILING:
DATE OF HEARING:
DATE OF APPROVAL:
t �ti
y.
E8SFG'WoRTH A&G TRY OF 6iebg
MEGIMR OF De",
CHAMP
Y
THIS IS TO CERTIFY THAT 1 G�AVE CONFORMED
WITH THE RULES AND REGPLATIONS OF THE
REGISTERS OF DEEDS IN PREPARING THIS PLAN.
FtEGISMY rw DEMS
Northern Dis ofEsg,-.Xqs
Received sn i RIWWOUNI
—o'clodLul
F
err
PLAN OF LAND
IN
NORTH ANDOVER, MASS.
OWNED BY
ff GUBERSON MERCEDAT
SCALE. 1"= 20' DATE:5/24/2011
REVISED 8/24/2011
i �)s Y-11 I
Scott L. Giles R. P. L. S.
Frank. S. Giles R.P.L.S.
50 Deer Meadow Road
North Andover, Mass.
p LOCUS: NO SCALE
�0
C3
0
J�
SEE ASSESSORS MAP #14 PARCEL #49 AND
PLAN #14574 AT THE N.E.R.D.
REQUEST IS FOR THIRD FLOOR APARTMENT.
Ts F•1,,��T ,,
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ti%c l� `gREA` 6'j. 49
cyq ISSN\, ,93pSF
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NORTH ANDOVER
DATE OF FILING:
DATE OF HEARING:
DATE OF APPROVAL:
ESSE
(NORTH 6&G18T;RY OF Ot
LAWkRNCJ "W. � 4a
A TRUE GNDPY A"rGni'
I . A�- 1
NE bfM, R OF DEEDS
N)p CH,4MPy
THIS IS TO CERTIFY THATHAVE CONFORMED
WITH THE RULES AND REgULATIONS OF THE
REGISTERS OF DEEDS IN PREPARING THIS PLAN.
RF [TOSEW
Notthem D sMct EV.—pxqg
RECEIPT
Printed:10-31-2011 ® 15:41:51
Essex North Registry
Robert F. Kelley
Register
Trans#: 131993 Oper:LRRECKM
GUBERSON MERCEDAT j
I
Book: PL Page: 16586 i
Ctl#: 244 Rec:10-31-2011 0 3:41:51p
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: 12677 Page: 347 Inst#: 26175
Ctl#: 245 Rec:10-31-2011 0 3:41:51p
NAND 148 150 WAUERLY RD
DOC DESCRIPTION TRANS AMT
--- ----------- ---------
NOTICE
Surcharge CPA $20.00 20.00
50.00 recording fee 50.00
5.00 TECH FEE 5.00
r
Total fees: 75.00
Ctl#: 246 Rec:10-31-2011 0 3:41:51p
DOC DESCRIPTION TRANS AMT
--- ----------- ---------
COPY MANUAL FEE ENTRY
Document Copy -Man 2.00
*** Total charges: 152.00
CASH PMT PAYMENT -CASH 152.00
i
r
9�
RECEIPT
Printed:10-31-2011 ® 15:41:51
Essex North Registry
Robert F. Kelley
Register
Trans#: 131993 Oper:LRRECKM
GUBERSON MERCEDAT j
I
Book: PL Page: 16586 i
Ctl#: 244 Rec:10-31-2011 0 3:41:51p
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: 12677 Page: 347 Inst#: 26175
Ctl#: 245 Rec:10-31-2011 0 3:41:51p
NAND 148 150 WAUERLY RD
DOC DESCRIPTION TRANS AMT
--- ----------- ---------
NOTICE
Surcharge CPA $20.00 20.00
50.00 recording fee 50.00
5.00 TECH FEE 5.00
r
Total fees: 75.00
Ctl#: 246 Rec:10-31-2011 0 3:41:51p
DOC DESCRIPTION TRANS AMT
--- ----------- ---------
COPY MANUAL FEE ENTRY
Document Copy -Man 2.00
*** Total charges: 152.00
CASH PMT PAYMENT -CASH 152.00
Albert P. Manzi 111, Esq. CJi rnax
Ellen P. McIntyre, Vhr-CWnffar
Richard J. Byers, Esq. CkrA
Richstd M. Vaillancourt
Dwiiel S. Braese, Esq.
Ausdale Mem4w
hfidmei P. Uporto
TMS M to Old* (hat hMO AY 00.) �:r-y
Town of North Andover 11M e18110 I fr m dab os °tdsion, ri_.:
WillwNZONING BOARD OF APPEALS = 1
: ,: , , Jayal►. tiratbltaw
TOM 0Wk
Any appeal shall be filed within (20)
days after the date of filing of this
notice in the office of the Town Clerk,
per Mass. Gen. L. ch. 40A, 6 17
tl ! (vt.f C. !
Toren Ceck Time 8"
1347 026175
70l t -6.5 Z 41
Notice of Decision
Year 2011
Property at: 148-150 Waverlev Road
NAME: Gaberson Mercedat
HEARING(S): June 21, 201 I, August 9, 2011 and
Sept13 2011
ADDRESS: 148-150Waverley Road (Map 14, Parcel
PETITION: 2011-03
49)North Andover MA 01845
The North Andover Board of Appeals held a public hearing at the Town Hall, 120 Main Street, North
Andover, MA on Tuesday, Sept 13, 2011 at 7:30 PM on the application of Guberson Mercedat located
at 149-150 Waverley Road, (Map 14, Parcel 49)North Andover, MA 01845.
Petitioner is requesting two (2) Special Permits for alteration of a non -conforming Structure in accordance
with Sections 9.2 of the Bylaw and also to convert an existing 2 -family dwelling into a 3 -family dwelling
per 4.122.14.0 of the Bylaw within an R4 District.
Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessors
Office, and were published in the Eagle Tribune, a newspaper of general circulation in the Town of North
Andover, on June 7a' & June 10, 2011.
The following voting members were present: Albert P. Manzi 111, Ellen.P. McIntyre, Richard J. Byers,
and Richard Vaillancourt.
The following Associate members were present: Michael Liporto.
Upon a motion by Vaillancourt and second by Byers, the Board voted to GRANT the Special Permit to
allow from paragraph 9.2 and 4.122.14.0 of the Zoning Bylaw for alteration to a non -conforming
Structure
The following members all voted in favor of the Special Permit Albert P. Manzi III, Ellen P. McIntyre,
Richard J. Byers, Richard M. Vaillancourt, and Michael Liporto.
The motion was unanimously approved.
5-0.
The Board finds that this use, as developed by the building & site plans, will not adversely affect the
neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians since adequate
provisions for the required off-street parking. Adequate and appropriate facilities are provided to the
existing residential dwelling and will be provided for the proper operation of a three (3) family dwelling.
The Board finds that theduee (3) family dwelling will not be substantially more detrimental than the
existing 2 -family dweljing,t6 the neighborhood and that this use, of a 3- family dwelling, will be in
harmony with the getierarpurpose and keot of this Bylaw,
9 4it
Page I of 2
Bk 12677 Pg348 #26175
S its:
Sections 9.2, alteration of an existing nonconfonning structure.
Section 4.122.14.0 to convert an existing 2 -family dwelling into a
3-famift dwellin
Plan(s) Titic:
1) "Pian ofLand" Dated August 25, 2011 containing one (1) sheet.
Prepared by Scott L. Giles and Frank S. Giles Surveying North
Andover, MA. 01845.
2) 'TIoor Plan" submitted containing one (1) sheet; and
"Elevations" of the "Right Elevation", "Left Elevation "Front
Elevation" and "Rear Blevation" all views contained on one (1)
sheet.
"Floor plans of Basement", "First Floor Pians", "Second Floor
Plane', and "Proposed Attic Floor Plans" all views on one (i) sheet
"Proposed Attic Plans" larger view on one (1) sheet.
All P SAMI. !ttP
= Walpole, MA. 02081
Voting in favor:
Albert P. Manzi III, Ellen P. Mcintyre, Richard 1. Byers, Richard M.
I
Vaillanoomt and Michael Liporto.
Voting in the N ative:
NIA
The Board finds that the applicant has satisfied the provisions of Sections 9.2 and 4.122.14.0 of the
Zoning Bylaw for 148-150 Waverley Road in an R-4 Zoning District.
Notes:
1. This decision shall not be in effect until a copy of tbis decision Is recorded at the Essex County Registry of
Deeds, Northern District at the applicam's expense.
2. The granting of the Special Permits) 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 OWWl fie.
3. if the rights authorized by the Special Perntlt aro not exercised withbn tivo (2) years of the date of the grant, it
shalt lapse, and may be ro-established only stiernotiee, and a new hearing.
Nofth Andover Zoning Board of Appeab
Albert P. Manzi III, Esq., Chairnimr
Ellen P.,Mcbtym, Yice Chairman
Richard J. Byem Esq., Clerk
Richard M. Vaillancourt
Daniel S Breese
Decision 2011-03
Psge 2 oft
C
EME,X.NORTH REGISTRY OF ®ELMS
LAVVR2NC `61
' REf??,STER OF DEEM
Book: 12677 Page: 347 Inst#: 26175
Ctl#: 245 Rec:10-31-2011
@ 3:41:51p
NAND 148 150 WAVERLY RD
R.kC E I P T
DOC DESCRIPTION
PrirKed-10-nl-2011 @ 15:A,1:51
--- -----------
NOTICE
E"e.x Nortf-rRegistry-
Surcharge CPA $20.00
*bert'F. Kelley
50.00 recording fee
Register
5.00 TECH FEE
Trans#: 131993 Oper:LRRECKM
GUBERSON MERCEDAT
Book: PL Page: 16586
Ctl#: 244 Rec:10-31-2011 0
3:41:51p
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: 12677 Page: 347 Inst#: 26175
Ctl#: 245 Rec:10-31-2011
@ 3:41:51p
NAND 148 150 WAVERLY 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
Ctl#: 246 Rec:10-31-2011 � 3:41:51p
DOC DESCRIPTION TRANS AMT
--- ----------- ---------
COPY MANUAL FEE ENTRY
Document Copy -Man 2.00
Total charges: 152.00
CASH PMT PAYMENT -CASH 152.00
Albert P. Manzi III, Esq. Chaimra
Ellen P. McIntyre, Vice -Chairman
Richard J. Byers, Esq. Clerk
Richard M. Vaillancourt
Daniel S. Braese, Esq.
Assodate Members
Michael P. Liporto
This is to certify that twent , Qul) -:. nv,
Town of North Andover have elapsed from date o€ L, cisie rl;
without filing of an appeal.
ZONING BOARD OF APPEALS Dater-- -
Joyce A. ®radshaw
is y Town Clerk
Any appeal shall be filed within (20)
days after the date of filing of this
notice in the office of the Town Clerk,
�� . ;..-•, -moo` L!.' ? ' i' � '-, - � . , ' "; , . ,
® y ry Town Clerk T 1
ime Stam >
(19pO�wren why .e Y'ti. .g,�
SSacNus� e� l IL - � i 1_13 m Z' JL 1:'
Notice of Decision
Year 2011
Der Mass. Gen. L. ch. 40A, § 17 Property at: 148-150 Waverley Road _
NAME: Guberson Mercedat HEARING(S): June 2l, 2011, August 9, 2011 and
Set 13, 2011
ADDRESS: 148-150Waverley Road (Map 14, Parcel PETITION: 2011-03
49)North Andover, MA 01845
The North Andover Board of Appeals held a public hearing at the Town Hall, 120 Main Street, North
Andover, MA on Tuesday, Sept 13, 2011 at 7:30 PM on the application of Guberson Mercedat located
at 148-150 Waverley Road, (Map 14, Parcel 49)North Andover, MA 01845.
Petitionf,r is requesting two (2) Special Permits for alteration of a non -conforming Structure in accordance
with Sections 9.2 of the Bylaw and also to convert an existing 2 -family dwelling into a 3 -family dwelling
per 4.122.14.0 of the Bylaw within an R-4 District.
Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessors
Office, and were published in the Eagle Tribune, a newspaper of general circulation in the Town of North
Andover, on June 7')'& June 14t1i, 2011.
The following voting members were present: Albert P. Manzi 111, Ellen.P. McIntyre, Richard J. Byers,
and Richard Vaillancourt.
The following Associate members were present: Michael Liporto.
Upon a motion by Vaillancourt and second by Byers, the Board voted to GRANT the Special Permit to
allow from paragraph 9.2 and 4.122.14.0. of the Zoning Bylaw for alteration to a non -conforming
Structure
The following members all voted in favor of the Special Permit Albert P. Manzi 111, Ellen P. McIntyre,
Richard J. Byers, Richard M. Vaillancourt, and Michael Liporto.
The motion was unanimously approved.
5-0.
The Board finds that this use, as developed by the building & site plans, will not adversely affect the
neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians since adequate
provisions for the required off-street parking. Adequate and appropriate facilities are provided to the
existing residential dwelling and will be provided for the proper operation of a three (3) family dwelling.
The Board finds that the three (3) farnily dwelling will not be substantially more detrimental than the
existing 2 -family dwelling to the neighborhood and that this use, of a 3- family dwelling, will be in
harmony with the general purpose and intent of this Bylaw.
Page 1 of 2
Site:
Sections 9.2, alteration of an existing nonconforming structure.
Section 4.122.14.0 to convert all existing 2 -family dwelling into a
3 -family dwell-- .
Plans) Title:
1) "Plan of Land" Dated August 25, 2011 containing one (1) sheet.
Prepared by Scott L. Giles and Frank S. Giles Surveying, North
Andover, MA. 01845.
2) "Floor Plan" submitted containing one (1) sheet; and
"Elevations" of the "Right Elevation", "Left Elevation", "Front
Elevation" and "Rear Elevation" all views contained on one (l )
sheet.
"Floor plans of Basement", "First Floor Plans", "Second Floor
Plans", and "Proposed Attic Floor Plans" all views on one (1) sheet
"Proposed Attic Plans" Larger view on one (1) sheet.
All Prepared by SAMI. LLC, Wal ole MA. 02081
Voting in favor:
Albert P. Manzi 111, Ellen P. McIntyre, Richard J. Byers, Richard M.
Vaillancourt, and Michael Li orto.
Voting in the Negative:
N/A
The Board finds that the applicant has satisfied the provisions of Sections 9.2 and 4.122.14.0 of the
Zoning Bylaw for 148-150 Waverley Road in all R-4 Zoning District.
Notes:
I. 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 Special Penuit(s) 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.
3. If the rights authorized by the Special Permit are not exercised within tivo (2) years of the (late of the grant, it
shall lapse, and may be re-established only after notice, and a new hearing.
Nofth Andover Zoning Board of Appeals
Albert P. Manzi 111, Esq., Chairmaia
Ellen P. McIntyre, Vice Chairman
Richard J. Byers, Esq., Clerk
Richard M. Vaillancourt
Daniel S Braese
Decision 2011-03
Page 2 of 2
Zoning Bylaw Review Form
Town Of North Andover
Building Department
1600 Osgood Street, Building 20, Suite 2-36
North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street:
148 Waverley road
Ma /Lot:
14.01049
Applicant:
Merced at Guberson
Request:
Add Y dwelling unit to existing 2 -family, 3 story building
Date:
Apr 27,2011
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
Remedy for the above is checked below
Item # Special Permits Planning Board Item #
Item
Notes
Setback Variance
Item
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
Variance for Sign
1
Lot area Insufficient
X
1
Frontage Insufficient
Earth Removal Special Permit ZBA
2
Lot Area Preexisting
X
2
Frontage Complies
X
3
Lot Area Complies
3
1 Preexisting frontage
X
4
1 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
1 Complies
4
Special Permit Required
X
3
1 Preexisting CBA
X
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
X
2
Complies
X
3
Left Side Insufficient
3
Preexisting Height
X
4
Right Side Insufficient
X
4
Insufficient Information
5
Rear Insufficient
I
Building Coverage
6
Preexisting setback(s)
X
1
Coverage exceeds maximum
7
Insufficient Information
2
1 Coverage Complies
D
Watershed
3
Coverage Preexisting
X
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
1
In District review required
1
More Parking Required
2
Not in district
X
j1dParking
Complies
X
3
1 Insufficient Information
Remedy for the above is checked below
Item # Special Permits Planning Board Item #
Variance
Site Plan Review Special Permit
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
Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit B-4
Special Permit for 3 Unit
R-6 Density Special Permit B-4
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
4dg
a file. You must file anew building permit application form and begin the permitting process.
epart ent Official Signature Application Received ;Kpplicatfon Denied
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:
`Review
`Form; Item
Reasons `foie bd,n-Jal,-&Bylaw Reference°
.
Police
X Zoning Board of Appeals
B-4
A Special Permit from the Zoning Board of Appeals is required for the
conversion of an existing 2 -family dwelling unit structure to a proposed 3 -
family dwelling unit structure per 4.122.14.0 of the Zoning Bylaw: "The
conversion of an existing dwelling to accommodate not more than five (5)
residential units, by special permit from the Zoning Board of Appeals in
accordance with Sections 10.31 and 4.122.14.D of this Bylaw."
Planning
Historical Commission
B-4
A Special Permit from 9.2 of the Zoning Bylaw is required for the change,
extension, or enlargement of a pre-existing, non -conforming structure is
required. from the Zoning Board of Appeals in order to allow the proposed
conversion of a 2 -family dwelling to a 3 d dwelling unit.
Note: The proposed 3rd dwelling unit shall require all 3 units to be sprinkled
per No Andover Fire Department & Massachusetts building code.
Referred To:
X Fire
Health
Police
X Zoning Board of Appeals
Conservation
Department of Public Works
Planning
Historical Commission
Other
BUILDING DEPT
ZoningBylawDenia12000
Zoning Bylaw Review Form
Town Of North Andover
Building Department
1600 Osgood Street, Building 20, Suite 2-36
North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street:
148 Waverley road
Ma /Lot:
14.0/049
Applicant:
Mercedat Guberson
Request:
Add 3' dwelling unit to existing 2 -family, 3 story building
Date:
Apr 27,2011
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
Remedyfor the above is checked below
Item # Special Permits Planning Board Item #
Item
Notes
Setback Variance
Item
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
Variance for Sign
1
Lot area Insufficient
X
1
Frontage Insufficient
Earth Removal Special Permit ZBA
2
Lot Area Preexisting
X
2
Frontage Complies
X
3
Lot Area Complies
3
1 Preexisting frontage
X
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
1 Special Permit Required
X
3
Preexisting CBA
X
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
X
2
Complies
X
3
Left Side Insufficient
3
Preexisting Height
X
4
Right Side Insufficient
X
4
Insufficient Information
5
Rear Insufficient
I
Building Coverage
6
Preexisting setbacks
X
1
Coverage exceeds maximum
7
Insufficient Information
2
—
Coverage Complies
D
Watershed
3
Coverage Preexisting
X
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
1 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
X
2
Parking Complies
X
3
Insufficient Information
Remedyfor the above is checked below
Item # Special Permits Planning Board Item #
Variance
Site Plan Review Special Permit
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
Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit B-4
Special Permit for 3 Unit
R-6 Density Special Permit B-4
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
4I-di
aba file. You must file a new building permit application form and begin the permitting process.
epart ent Official Signature Application Received pplicatfon Denied
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:
Review -
Form Item
Ref6tefiddi
Reasons, for Denial"& B "l'aw'Ref6rence:
y
Police
X Zoning Board of Appeals
B-4
A Special Permit from the Zoning Board of Appeals is required for the
conversion of an existing 2 -family dwelling unit structure to a proposed 3 -
family dwelling unit structure per 4.122.14.0 of the Zoning Bylaw: "The
conversion of an existing dwelling to accommodate not more than five (5)
residential units, by special permit from the Zoning Board of Appeals in
accordance with Sections 10.31 and 4.122.14.1) of this Bylaw."
Planning
Historical Commission
B-4
A Special Permit from 9.2 of the Zoning Bylaw is required for the change,
extension, or enlargement of a pre-existing, non -conforming structure is
required from the Zoning Board of Appeals in order to allow the proposed
conversion of a 2 -family dwelling to a 3rd dwelling unit.
Note: The proposed 3rd dwelling unit shall require all 3 units to be sprinkled
per North Andover Fire Department & Massachusetts building code.
Referred To:
X Fire
Health
Police
X Zoning Board of Appeals
Conservation
Department of Public Works
Planning
Historical Commission
Other
BUILDING DEPT
ZoningBylawDenia12000
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Bk' 5?9PG313
EXHIBIT "A„
A certain parcel of land with the buildings thereon, being shown as Lot "B" on plan of
land entitled: "Plan showing Land of Joseph Longo, North Andover, Mass.," dated May,
1968, Brasseun Associates, Reg. Land Surveyors, recorded with North District of Essex
Registry of Deeds as Plan No. 5911, bounded and described as follows:
WESTERLY 48.05 feet by Waverly Road;
NORTHERLY in two courses 123.18 feet and 136.50 feet, by Lot "A" as shown
on said plan;
SOUTHEASTERLY 66.69 feet by Morris Street, as shown on said plan;
SOUTHWESTERLY 30.43 feet by land now or formerly of Campione as shown on said
plan;
SOUTHEASTERLY again 70.11 feet by said Campione land; and
SOUTHWESTERLY again 131.84 feet by said Campione land.
Together with the right to use and reuse a portion of land shown by the dotted lines
123.18 feet, more or less, and 5.85 feet wide to the North of granted premises and shown
by the dotted lines on the plan aforementioned for purposes of driveway to the rear of the
granted premises. These premises are conveyed subject to the right of the owners of the
land immediately to the North of the granted premises to the use of a strip of land 123.18
feet, more or less, in length and 5.85 feet in width, along the Northerly border of granted
premises as shown on plan above referred to for purposes of a driveway to rear of granted
premises. It is expressly understood and agreed that the driveway above mentioned being
123.18 feet, more or less, in length and 11.70 feet in total width is to be used in common
with owners of the granted premises, their heirs and assigns and the owners of remises
immediately to North of granted premises and their heirs and assigns. No vehicles will be
parked on said driveway and the expenses of upkeep, maintenance of said driveway shall
be borne equally by grantees, their heirs and assigns and owners of the premises
immediately to the North of the granted premises their heirs and assigns.
Being the same premises conveyed to Robert Townley Bryan and
Sally Ann Bryan by Joseph Longo by deed recorded September 24,
1968 with North Essex Registry of Deeds.
., 041
Loss*KNORTH `REMT- f t' GF'SM
1.Q
i_AWAENCE: MASS. .�.�..�.
ATRU E'bbpy-, ATTEST
REGISTER OF DEE r,
N
rn
BK 5779 FIG 312
MAGOACNUSETTG QUITCLAIM DECO SNORT FOAM IINDIVIDUALI 881
We, Robert Townley Bryan and Sally Ann Bryan, husband and wife,
both
of North Andover, Essex County, Massachusetts,
for consideration paid, and in full consideration of Two Hundred Forty -Five
Thousand Dollars ($245,000.00)
grantto Kevin W. Murphy an Elizabeth Murphy, Husband and Wife,
Tenants by the int rety
Of 169 Boxford Street, North Andover, Ma with*Mclabn covengab
thelandin North Andover, Essex County, Massachusetts, bounded and
[Description and encumbrances, it any)
described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
CA
Go
ao
JUN 16100 pN4Q7
m
Z
X
0
(ttlRSs Our hands and seals chis- day ofJune2
GAN o
o ert Townley I#ryanV
ESSEX SS.
Sal.LyfAnn Bryan
i ht Q(OMMIlrowtalo of musouchundw
June /� yq 2000
Then personally appeared the above named Robert Townley Bryan
and acknowledged the foregoing Instrument to be his free act and deed b o me
Joseph J. an , of Ub c—
Won& Fhegold, LLP comms ionexpi es pt. 27th, 170 2002
38 Essex Street
Afldovef,MasMhusetts 0181Q ('individual—Joint Tenants— Tenants in Common.)
CHAPTER 183 SEC. 6 AS AMENDED BY CHAPTER 497 of 1969
Every deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of the grantee
and a recital of =for
of the full consideration thereof In dollars or the nature of the other consideration therefor, if not delivered for a
specific monetary sum. The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances
assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded as part of the deed. Failure to comply
with this section shall not affect the validity of any deed. No register of deeds shall accept a deed for recording unless it Is in compliance with
the requirements of this section.
00
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9,
�
In
Property Addmw. 140 —150 Wavm1Y ROA Notch AtdOnret', bfimchuna 01845,
We, KEVIN W, MURpHy emd EL AMH M WHy of 169 Boxford Sneat,
Andover, Essex Congy,Mm&dVmgftfor consideratm pnK imd in fidl coal of
mw
Hundred Sixty Thad MUM ($360,000.00) do lift pant to GUBMWN MERCEDAT,
of 133 Pearl Street, Somerville, MWWAUSM 02145,
wrm QuiTCLAD4 COVENANTS
A certain parte of landuOdwwith *a bwlft tend shown w 1x149
on a plan of land eadd0d, "Pian of Lmmd IMMd in North Andover, MA Pr Mvd for r."Vft W.
and Elizabeth Murphy. Apse Kevin W. Old Eftabc4h Mutphy,169 Boxftd Street, North
Andover, MAI Scale 1- .A dale D mmler 10, 2002, dm m by Scott L. Giles and Frank S.
Giles Surveying, wt ch Plan is recorded with the Ewm North District Registry of heeds as PI M
Number 14574.
Said Psrce149 c 6,929.7 square feet of iamd, mm of leen, oil � to �d PWOW is
conveyed together' with all dw dgt�s rad rens of record mid the use of to drives,
_ -
as provided under *P. hoed recorded with said Rey ��� e�
Bcbk.5.779 Page 312. z�
Cr
� to
Cm�rrtQrs by
Dead with. the Essex "orth
Being a portion of the pramicu conveyed
Rq fttry of Deeds # Book 5779, Page 312.
Exccuted a a ceakd in*umw dit 27' day of Feta
a
on thts 27ei day of Fly 2005 beftm mv, Om uubmkMd nvnyP"c'P P=r"may
appeared Kevin W. Murphy and Eiiz*eth A. Murphy wha have, the :idOOMY ciaf ned, proved to
m ugh sabdkotM mde= of uientif mu0n, which was * tog %*w ° with
knowledge of the
signaaire issued by fe�ai car �Le �� may � ed
undersigned, and wb owl m M that ftY 4p"UPOC.
MY
PUM
3f"I I
1yF� 1968at11: /saa.�..
�iueAaxd litS,�1�o.
�Pk�A S r!•
qN SNOWING J_A,N D OF
J05P.P H LoNG0
NORTH aN COVER, A4g55.
SGALe 1% 40' MAY 19Gs
BstASS@ult Aasoc(k-rez GOA DAILEY ST N�►vr:aHu��M>ts
14ORTf1 AmoovER joso"0 OF ,4pPE ALS
D�TS OR FILING A��VEA -- f
VAT@ ow F46AJN6
'DATE oc A PaRovAL. IN+"di
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PLAN OF LAND
IN
NORTH ANDOVER, MASS.
OWNED BY
GUBERSON MERCEDAT
SCALE. 1"= 20' DATE:524/2011
REVISED 8242011
Scott L. Giles R.P.L.S.
Frank. S. Giles R.P.L.S.
50 Deer Meadow Road
North Andover, Mass.
LOCUS. NO SCALE
4ro
F
�y�All � X090
J
SEE ASSESSORS MAP #14 PARCEL #49 AND
PLAN #14574 AT THE N. E. R. D.
REQUEST IS FOR THIRD FLOOR APARTMENT.
NORTH ANDOVER
BOARD OF APPEALS
DATE OF FILING:
DATE OF HEARING:
DATE OFAPPROVAL:
1>1
13972
Ilt'r110<<
2410,
31 ST►, \,, 6'
OS.
QQ,
AW CHAMPy
THIS IS TO CERTIFY THAT 1 HAVE CONFORMED
WITH THE RULES AND REGULATIONS OF THE
REGISTERS OF DEEDS IN PREPARING THIS PLAN.
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TOWN OF NORTH ANDOVER
Fire Department
Fire Prevention Office
Central Fire Headquarters
124 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Telephone (978) 688-9593
FAX (978) 688-9594
Andrew Melnikas
Fire Chief amelnikas&TownofNorthAndover. com
Lt Frederick McCarthy
Fire Prevention Officer F.McCarthy@townofnorthandover.com
Date: August 4, 2011
This letter is in reference to the proposed conversion of the property located at # 148,
150 Waverly Rd. from a two to a three family dwelling. Given the fact that a sprinkler system
will be installed in the building according to code, the Fire Department does not foresee any
issues with this permit being granted.
Chief Andy Melnikas
Albert P. Manzi III, Esq. Chairman
Ellen P. McIntyre, Vice -Chairman
Richard J. Byers, Esq. Clerk
Richard M. Faillancourt
Daniel S. Braese, Esq.
Town of North Andover
ZONING BOARD OF APPEALS
Associate Members
Michael P. Liporto
TOWN OF NORTH ANDOVER — ZONING BOARD OF APPEALS
CERTIFICATION PURSUANT TO G.L. c. 39, SECTION 23D OF PARTICIPATION
IN A SESSION OF AN ADJUDICATORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A
SINGLE HEARING SESSION
[Note: Can only be used for missing one single hearing session; cannot be used for missing more than one hearing
session.]
Ie/'f/ ; /l/U2/ (name), hereby certify as follows:
A
1. I am a member of said board.
2. I missed a hearing session on the matter of A vet—le va /�p l
r �'e) .0 n r A
n which was held on
3. I reviewed all the evidence introduced at the hearing session I missed, which included a review of (initial
which one(s) are applicable):
a• audio recording of the missed hearing session;
b• video recording of the missed hearing session;
C. a transcript of the missed hearing session.
This certification shall becom-e apart of the record of the proceedings in the above matter.
Signed this day of 20_
Received as part of the record of the above matter:
Date: f %
By:
Position:
1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845
Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com
Albert P. Manzi III, Esq. Chairman
Ellen P. McIntyre, Vice -Chairman
Richard J. Byers, Esq. Clerk
Richard M. Vaillancourt
Daniel S. Braese, Esq.
Town of North Andover
Zoning Board of Appeals
1600 Osgood Street
North Andover MA 01845
Town of North Andover
ZONING BOARD OFAPPEALS
TUt"I�iC_
1 4
o Leo , 'ti Associate Members a
'!� �6�° �0� Thomas D.10I I AUG 10 AH 10. �0
ppolito
_ * Michael P. Liporto .,. 0 l t ' ,
L e l .-1 01�
�gAr�D bra` 5 5 4 S
...te�c MASS1WHUE T ,
Date
Town Clerk Tune Stamp
Please be advised that I have agreed to waive the time constraints for the North
Andover Zoning Board of Appeals to make a decision regarding the granting of a
Variance. .
Special Permit
ComprehensiReP-ermit-(,40.B)----------- -------------------- ---------------.--
Finding-
for
inding
for property located at:
STREET:? ~ 150 AST le J`'
MAP: PARCEL:
TOWN: North Andover. MA 01845
TO MEETING DATE(S): c, 13
NAME OF PETITI
SIGNED:
Petitioror �6r petitioner's representative)
611"G'.e411__,_.71
1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845
Phone - 978-688-9541 Fax - 978-688-9542 web - www.townofnortliandover.com
Town of North Andover
ZONING BOARD OFAPPEALS
Albert P. Manzi III, Esq. Chairman of No DT" q
,ts ,t ago Associate Members
Ellen P. McIntyre, Vice -Chairman o °4
Richard J Byers, Esq. Clerk +- A Thomas D. Ippolito
Richard M. Paillancourt * Michael P. Liporto
Daniel S. Braese, Esq.
�9SSACHlJSE���
TOWN OF NORTH ANDOVER — ZONING BOARD OF APPEALS
CERTIFICATION PURSUANT TO G.L. c. 39, SECTION 23D OF PARTICIPATION
IN A SESSION OF AN ADJUDICATORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A
SINGLE HEARING SESSION
[Note: Can only be used for missing one single hearing session; cannot be used for missing more than one hearing
session.]
I,
(name), hereby certify as follows:
1. I am a member of said board.
2. I missed a hearing session on the matter of mi -150 �o Vewev p0aig
14,40 7FYI 10191G&/ Al 9 �' -fo►' i311,6e1',r6AV' which was held on
t �J/.
3. I reviewed all the evidence introduced at the hearing session I missed, which included a review of (initial
which one(s) are applicable):
a• audio recording of the missed hearing session;
b• video recording of the missed hearing session;
C. a transcript of the missed hearing session.
This certification shall becon* apart of the record of the proceedings in the above matter.
Signed this j day of lt., 120 t f
Received as part of the ecord of the above matter:
Date:
By.
Position:
1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845
Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com
Albert P. Manzi III, Esq. Chairman
Ellen P. McIntyre, Vice -Chairman
Richard J Byers, Esq. Clerk
Richard M. Vaillancourt
Daniel S. Braese, Esq.
Town of NorthAndover
ZONING BOARD OFAPPEALS
Associate Members
Thomas D. Ippolito
Michael P. Liporto
TOWN OF NORTH ANDOVER — ZONING BOARD OF APPEALS
CERTIFICATION PURSUANT TO G.L. c. 39, SECTION 23D OF PARTICIPATION
IN A SESSION OF AN ADJUDICATORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A
SINGLE HEARING SESSION
[Note: Can only be used for missing one single hearing session; cannot be used for missing more than one hearing
session.]
I, N C_ Lr'j JXJJQ ✓1ajejname), hereby certify as follows:
I am a member of said board.
I missed a hearing session on the matter of
!Y -i. Plqrce/ A/ / -1- -f'or ( W�ei'C�� /'/ G sJ� _ which was held on
_.. TTA c2 i� i/
I reviewed all the evidence introduced at the hearing session I missed, which included a review of (initial
which one(s) are applicable):
a.
audio recording of the missed hearing session;
video recording of the missed hearing session;
a transcript of the missed hearing session.
This certification shall becom-e apart of the record of the proceedings in the above matter.
. t~ I
Signed this _� day of , 2011
Received as part of the record of the above matter:
Date:
By:
Position: V) a (A',� A. ' t.
1600 Osgood Street, Building 20 -Suite 2-36, North Andover, Massachusetts 01845
Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com
v/
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cc s u 2 ". �s- E in —�' axi c7 Ln
Albert P. Manzi 111, Esq. Chairman
Ellen P. McIntyre, Vice -Chairman
Richard J Byers, Esq. Clerk
Richard M. Vaillancourt
Daniel S. Braese, Esq.
Town of North Andover
Zoning Board of Appeals
1600 Osgood Street
North Andover MA 01845
Town of NorthAndover
ZONING BOARD OFAPPEALS jF)FCEWED
.,Lao Associate Member
08
0 fi
T U 0
Michael P. Liporto
H A1 10 O'k
1H 0 R
ACHUS
Date �
�*16
Town Clerk Time Stamp
Please be advised that I have agreed to waive the time constraints for the North
Andover Zoning Board of Appeals to make a decision regarding the granting of a
Variance..
Permit
Comprehensive Permit (40B)
Finding
for property located at:
STREET: 14 -1 SO 0a jo
MAP: — 141 PARCEL:
TOWN: North Andover, MA 01845
TO MEETING DATE(S):
NAME OFPET NER:(�7z&_/Sovv
SIGNED: r14
Petiiionrr ('or petitioner's representative)
P
1600 Osgood St., Bldg 20 - Suite 2-36, Noith Andover, MA 01845
Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com
L
Albert P. Manzi III, Esq. Chairman
Ellen P. McIntyre, Vice -Chairman
Richard J. Byers, Esq. Clerk
Daniel S. Braese, Esq.
Richard M. Vaillancourt
Town of North Andover
ZONING BOARD OF APPEALS
Legal Notice
North Andover Board of Appeals
Associate Members
Thomas D. Ippolito
Michael P. Liporto
Zoning Enforcement Officer
Gerald A. Brown
Notice is hereby given that the Board of Appeals will hold a public hearing at the
North Andover Senior Center, 120R Main Street, North Andover, MA on Tuesday
June 21't2011, at 7:30PM to all parties interested in the application of Guberson
Mercedat, of 148-150 Waverley Road (Map 14 Parcel 049), North Andover, MA
01845. Applicant is requesting 2 Special Permits to convert an existing 2 family
dwelling unit into a 3 family dwelling unit per 4.122.14.0 of the Zoning Bylaw and
also for the change of a non -conforming structure from 9.2 of the Zoning Bylaw.
Application and supporting materials are available for review at the office of the
tiLjticz , 1:T.�id i tLt Uover, JViA, 1'✓a-Gno.ay
_Wri -Iay frolTt'he hours of 8:30 AM to 4:00 PM.
By order of the Board of Appeals
Albert P. Manzi III, Esq., Chairman
Published in the ]Eagle Tribune on:
June 7th° 2011
June 14t", 2011 —
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Town of North Andover
ZONING BOARD OF APPEALS
Albert P. Manzi III, Esq. Chairman of No `rfj
qt 6
Ellen P. McIntyre, Vice -Chairman o=
Richard J. Byers, Esq. Clerk 0
Daniel S. Braese, Esq.
C
Richard M. Vaillancourt
Legal Notice
North Andover Board of Appeals
Associate Members
Thomas D. Ippolito
Michael P. Uporto
Zoning Enforcement Officer
Gerald A. Bro-,vn
Notice is hereby given that the Board of Appeals will hold a public hearing at the
North Andover Senior Center, 120R Main Street, North Andover, MA on Tuesday
June 21St 2011, at 7:30PM to all parties interested in the application of Guberson
Mercedat, of 148-150 Waverley Road (Map 14 Parcel 049), North Andover, MA
01845. Applicant is requesting 2 Special Permits to convert an existing 2 family
dwelling unit into a 3 family dwelling unit per 4.122.14.0 of the Zoning Bylaw and
also for the change of a non -conforming structure from 9.2 of the Zoning Bylaw.
Application and supporting materials are available for review at the office of the
Zoning Department 1600 Osgood Street, North Andover, MA, Monday
Friday from the hours of 8:30 AM to 4:00 PM.
By order of the Board of Appeals
Albert P. Manzi III, Esq., Chairman
Published in the Eagle Tribune on:
June 7th, 2011
June 10 , 2011
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;LEGAL NOTICEi
NORTH ANDOVER
BOARD OF APPEALS
i Notice is hereby'
igiven that the Board of
,Appeals will hold a pub-
lic hearing at the North i
,Andover Senior Center,
20R Main Street, North
Andover, MA on Tues-
day June 21st 2011, at
'7:30PM to all parties
interested in the ap-
plication of Guberson i
Mercedat, of 148-150
Waverley Road (Map 1
14 Parcel 049), North ;
Andover, MA 01845.'
Applicant is request-
ing 2 Special Permits
to convert an existing 2+
family dwelling unit into
a 3 family dwelling unit e
per 4.122.14.0 of the
Zoning Bylaw and also.;
for the change of a non-
conforming structure
from 9.2 of the Zoning]
Bylaw.
Application and sup-
porting materials are'
available for review at
the office of the Zon-
ing Department 1600
:Osgood Street, North
Andover, MA, Monday
through Friday from the
hours of 8:30 AM to 4:00'
PM.
By order of the
Board of Appeals''
Albert P. Manzi III, Esq.
Chairman
r -T -r/7 rMA111
LOCUS: NO SCALE
0
PLAN OF LAND sT ,ks
1N
NORTH ANDOVER, MASS•���
OWNED $Yp Y
GUBERSON MERCEDAT
SCALE: 1"= 20' DATE:5124I2011 .60' J
0' 20'
Scott L. Giles R•P•L- S SEE ASSESSORS MAP #14 PARCEL #49 AND
Frank S. Giles R.P.L.S. PLAN #14574 AT THE N.E.R.D.
50 Deer Meadow Road
North Andover, Mass. REQUEST IS FOR THIRD FLOOR APARTMENT•
cyq�Ay
NORTH � APPEALS
NDOVER
BOARD O
DATE OF FILING:
DATE OF HEARING: _-
DATE OF APPROVAL:
NIF CHAMPY
THIS IS TO RCULES AND REGULATIONS OF HETIFY THAT I HAVE D
WITH THE �
REGISTERS OF DEEDS IN PREPARING THIS PLAN.
0
�I
Abutter to Abutter ( ) Building Dept. ( X ) Conservation ( ) Zoning ( )
Town of North Andover
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Abutters Listing
REQUIREMENT:
MGL 40A, Section 11 states In part 'Parties In Interest as used
In this chapter shall mean the petitioner,
abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within
three hundred (300) feet of the property One of the petitioner as
they appear on the most recent applicable
tax Its% riot 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 abulttng city or town."
Sublect Proper9v:
MAP
PARCEL
-OWNER NAME PROPERTYADDRESS
14
49
Guberson Mercedat
148-950 Waverley Road, Norlh Andover, MA 01845
Abutters
Properties
Map
Parcel
Name
Address
14
5-8A
Eric Dawson
8 Union Street, North Andover, MA 01845
14
5-88
Daniel Hoffenberg
88 Union Street, North Andover, MA 01845
14
5-10A
LI Y1
10A Union Street, North Andover, MA 01845
14
5-108
Aubry Bruce
106 Union Street, North Andover, MA 01845
14
13
Philip Cahill
51 Mill Road, North Andover, MA 01845
14
15
June Wilson
151 Waverley Road, North Andover, MA 01845
14
19
James Hanover
147 Waverley Road, North Andover, MA 01845
14
21
Kevin Hughes
14 Union Street, North Andover, MA 01845
14
25
Dan 8 Leo Holding LLC
157 Bradgord Road, tewksbury, MA 01845
14
26
Bryan Curley
5 Union Street, North Andover, MA 01845
14
27
Justin Nealy
13-15 Union Street, North Andover, MA 01845
14
28
Patricia Lindquist
94 Washington Street, Boxford, MA 01921
14
3532
Donna Hayes
PO Box 2552, Oak Bluffs, MA 02557
14
3534
Lenny Klapper
34 Union Street, North Andover, MA 01845
14
36-34A
Paul Bennett
34A Union Street, North Andover, MA 01845
14
36
Kevin Breen
30 Union Street, North Andover, MA 01845
14
37 &47
David Morton
PO Box 322 West Boxford MA 01885
14
38
James Lemieux
165 Waverley Road, North Andover, MA 01845
14
.39
231 Middlesex Trust
231 Middlesex Street, North Andover MA 01845
14
48-1
Sheehy Brendan
144 Waverley Road, North Andover, MA 01845
14
48-2
Christopher Hussey
144 WaverleyRoed, North Andover, MA01845
14
50 &51
Barry Champy
152 Waverley Road, North Andover, MA 01845
14
52
John Shea
34 Gray Road, Rye, NH 03870
14
53
Scott Morton
9 Dudley Street, North Andover, MA 01845
14
54
Katherine, Callahan
203 Middlesex Street, North Andover MA 01845
14
55
Ann Marie Roy
207 Middlesex Street, North Andover MA 01845
14
56
Coco Realty Tfust
185 Middlesex Street, North Andover MA 01845
14
57
Patrick Cone
18 Union Street, North Andover, MA 01845
14
58
Carolyn Armes
196 Middlesex Street, North Andover MA 01845
14
59
John McLay
1 Riverview Blvd #1002, Methuen, MA 01844
14
60
Kathleen Hillis
204 Middlesex Street, North Andover MA 01845
14
e1
Robert Ratcliffe
206 Middlesex Street, North Andover MA 01845
14
62
Dennis Tlmony
212 Middlesex Street, North Andover MA 01845
14
63 $ 73
Giglio Middlesex Street Realty Trust
228 Middlesex Street, North Andover MA 01845
14
69
Robert Hlllner
193 Middlesex Street, North Andover MA 01845
14
70
Robert Beaudoin
114 Second Street, North Andover MA 01845
14
75,
Robert Pardis
21 Monis Street, North Andover MA 01845
15
1
William Smith
184 Middlesex Street, North Andover MA 01845
15
2
KurtSandmann
23 Frontingham Road, Burlington, VT01803
19
22
Stephen Crompton
3 Devonshire Place, Andover, MA 01810
19
29
Richard Lambert
101 Second Street, North Andover MA 01845
'19
30
David Holland
102 Second Street, North Andover MA 01845
19
31-104
Danielle Carter
104 Second Street, North Andover MA 01845
19
31-106
Edward Amor, Jr.
106 Second Street, North Andover MA 01845
19
32
Adel Salib
102 Second Street, North Andover MA 01845
19
40
Roland Dudney
96 Second Street, North Andover MA 01845
19
41
Joseph Donofrio
21 Morris Street, North Andover MA 01845
19
43
Tomas Panniello
47 Stonington Street, North Andover MA 01845
19
44
Robert Mailot
30 South Road, Lamoine, ME 04605
19
55
Stephen McCarthy
330 Campbell Road, North Andover, MA 01845
19
56
John Cahill
37 Stonington Street, North Andover MA 01845
19
58
Colin Blaney
13 Morris Street, North Andover MA 01845
19
62
Wanda Navarro
18 Moms Street, North Andover MA 01845
19
63
Paul Luciano
33 Stonington Street, North Andover MA 01845
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,SSACHUS�t
Zoning Bylaw Review Form
Town Of North Andover
Building Department ,µ-.,E
1600 Osgood Street, Building 20, Suite 2-36
North Andover, MA. 01845
Phone 978-688-9545
2011 MAYFag. 97_§468$-9542
Street:
148 Waverley road
Notes
Ma /Lot:
14.0/049
Notes
Applicant:
Mercedat Guberson
Common Driveway Special Permit
Request:
Add 3rdwelling unit to existing 2 -family, 3 story
building
Date:
Apr 27,2011
X
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
Remedy for the above is checked below.
Item # Special Permits Planning Board Item #
Item
Notes
Setback Variance
Item
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
Variance for Sign
1
Lot area Insufficient
X
1
Frontage Insufficient
Earth Removal Special Permit ZBA
2
Lot Area Preexisting
X
2
Frontage Complies
X
3
Lot Area Complies
3
1 Preexisting frontage
X
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
X
3
Preexisting CBA
X
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
X
2
Complies
X
3
Left Side Insufficient
3
Preexisting Height
X
4
1 Right Side Insufficient
X
4
Insufficient Information
5
Rear Insufficient
I
Building Coverage
6
Preexisting setbacks
X
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies
D
Watershed
3
Coverage Preexisting
X
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
1
In District review required
1
More Parking Required
2
Not in district
X
2
Parking Complies
X
3
Insufficient Information
Remedy for the above is checked below.
Item # Special Permits Planning Board Item #
Variance
Site Plan Review Special Permit
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
Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit B-4
Special Permit for 3 Unit
R-6 Density Special Permit B-4
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 abo a file. You must file a new building permit application form and begin the permitting process.
BuildiKg,peparttnent Official Signature Application Received pplica on Denied
I
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:
Review
Form Item
Reference
Reasons for Denial & Bylaw Reference
Police
X Zoning Board of Appeals
B-4
A Special Permit from the Zoning Board of Appeals is required for the
conversion of an existing 2 -family dwelling unit structure to a proposed 3 -
family dwelling unit structure per 4.122.14.0 of the Zoning Bylaw: "The
conversion of an existing dwelling to accommodate not more than five (5)
residential units, by special permit from the Zoning Board of Appeals in
accordance with Sections 10.31 and 4.122.14.D of this Bylaw."
Planning
Historical Commission
B-4
A Special Permit from 9.2 of the Zoning Bylaw is required for the change,
extension, or enlargement of a pre-existing, non -conforming structure is
required from the Zoning Board of Appeals in order to allow the proposed
conversion of a 2 -family dwelling to a 3rd dwelling unit.
Note: The proposed 3rd dwelling unit shall require all 3 units to be sprinkled
per North Andover Fire Department & Massachusetts building code.
Referred To:
X Fire
Health
Police
X Zoning Board of Appeals
Conservation
Department of Public Works
Planning
Historical Commission
Other
BUILDING DEPT
ZoningBylawDenia12000
Zoning Bylaw Review Form
Town Of North Andover
Building Department - ../-r1
1600 Osgood Street, Building 20, S,uite`2=36° ,
North Andover, MA. 01845
Phone 978-688-9545
2011 N' Y — A l T 5Eax 978-688-9542
Street:
148 Waverley road
Notes
Ma /Lot:
14.0/049
Notes
Applicant:
Mercedat Guberson`„
Common Driveway Special Permit
Request:
Add unit to existing
2 -family, 3 story building
Date:
Apr 27,2011
X
Hease oe advised that atter review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning District: R-4
Remedyfor the above is checked below
Item # Special Permits Planning Board Item #
Item
Notes
Setback Variance
Item
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
Variance for Sign
1
Lot area Insufficient
X
1
Frontage Insufficient
Earth Removal Special Permit ZBA
2
Lot Area Preexisting
X
2
Frontage Complies
X
3
Lot Area Complies
3
Preexisting frontage
X
4
1 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
X
3
Preexisting CBA
X
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
X
2
Complies
X
3
Left Side Insufficient
3
Preexisting Height
X
4
Right Side Insufficient
X
4
Insufficient Information
5
Rear Insufficient
I
I Building Coverage
6
Preexisting setback(s)
X
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies
D
Watershed
3
Coverage Preexisting
X
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
1
In District review required
1
I More Parking Required
2
Not in district
X
1 2
Parking Complies
X
3
Insufficient Information
Remedyfor the above is checked below
Item # Special Permits Planning Board Item #
Variance
Site Plan Review Special Permit
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
Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit B-4
Special Permit for 3NU Unit
R-6 Density Special Permit B-4
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 abo a file. You must file a new building permit application form and begin the permitting process.
Buildirfg Departtrient Official Signature Application Received �p4plicafron Denied
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:
Review
Form. Item
Reference
Reasonsyfor Denial & Bylaw Reference `
Police
X Zoning Board of Appeals
B-4
A Special Permit from the Zoning Board of Appeals is required for the
conversion of an existing 2 -family dwelling unit structure to a proposed 3 -
family dwelling unit structure per 4.122.14.0 of the Zoning Bylaw: "The
conversion of an existing dwelling to accommodate not more than five (5)
residential units, by special permit from the Zoning Board of Appeals in
accordance with Sections 10.31 and 4.122.14.D of this Bylaw."
Planning
Historical Commission
B-4
A Special Permit from 9.2 of the Zoning Bylaw is required for the change,
extension, or enlargement of a pre-existing, non -conforming structure is
required from the Zoning Board of Appeals in order to allow the proposed
conversion of a 2 -family dwelling to a 3rd dwelling unit.
Note: The proposed 3rd dwelling unit shall require all 3 units to be sprinkled
per North Andover Fire Department & Massachusetts building code.
Referred To:
X Fire
Health
Police
X Zoning Board of Appeals
Conservation
Department of Public Works
Planning
Historical Commission
Other
BUILDING DEPT
ZoningBy1awDenia12000
Albert P. Manzi III, Esq. Chairman
Ellen P. McIntyre, Vice -Chairman
Richard J. Byers, Esq. Clerk
Daniel S. Braese, Esq.
Richard M. Vaillancourt
Town of North Andover
ZONING BOARD OF APPEALS
Legal Notice
North Andover Board of Appeals
Associate Members
Thomas D. Ippolito
Michael P. Liporto
Zoning Enforcement Officer
Gerald A. Brown
Notice is hereby given that the Board of Appeals will hold a public hearing at the
North Andover Senior Center, 120R Main Street, North Andover, MA on Tuesday
June 21St 2011, at 7:30PM to all parties interested in the application of Guberson
Mercedat, of 148-150 Waverley Road (Map 14 Parcel 049), North Andover, MA
01845. Applicant is requesting 2 Special Permits to convert an existing 2 family
dwelling unit into a 3 family dwelling unit per 4.122.14.0 of the Zoning Bylaw and
also for the change of a non -conforming structure from 9.2 of the Zoning Bylaw.
Application and supporting materials are available for review at the office of the
Zoning Department 1600 Osgood Street, North Andover, MA, Monday through
Friday from the hours of 8:30 AM to 4:00 PM.
By order of the Board of Appeals
Albert P. Manzi III, Esq., Chairman
Published in the Eagle Tribune on:
June 7th' 2011
June 14th , 2011
Albert P. Manzi III, Esq. Chairman
Ellen P. McIntyre, Vice -Chairman
Richard J. Byers, Esq. Clerk
Daniel S. Braese, Esq.
Richard M. Vaillancourt
Town of North Andover
ZONING BOARD OF APPEALS
i
Legal Notice
North Andover Board of Appeals
Associate Members
Thomas D. Ippolito
Michael P. Liporto
Zoning Enforcement Officer
Gerald A. Brown
Notice is hereby given that the Board of Appeals will hold a public hearing at the
North Andover Senior Center, 120R Main Street, North Andover, MA on Tuesday
June 21St 2011, at 7:30PM to all parties interested in the application of Guberson
Mercedat, of 148-150 Waverley Road (Map 14 Parcel 049), North Andover, MA
01845. Applicant is requesting 2 Special Permits to convert an existing 2 family
dwelling unit into a 3 family dwelling unit per 4.122.14.0 of the Zoning Bylaw and
also for the change of a non -conforming structure from 9.2 of the Zoning Bylaw.
Application and supporting materials are available for review at the office of the
Zoning Department 1600 Osgood Street, North Andover, MA, Monday through
Friday from the hours of 8:30 AM to 4:00 PM.
By order of the Board of Appeals
Albert P. Manzi III, Esq., Chairman
Published in the Eagle Tribune on:
June 7th' 2011
June 14th , 2011
x H
it
TOWN OF NORTH ANDOVER SPEC1Al.,
y"+ncrK�
ZONING BOARD OF APPEALS (VPERMIT1,1
NAME s�,
e a:+ 1
ADDRESS OF APPEAL [U[ 6 ;! Town Clerk Time Stamp
Procedure & Requirements for
an Application for a Special
Permit
Ten (10)copies of the following information must be
submitted thirty @0) days prior to the first pubiichearing.
Failure to submit the required information within the time
periods prescribed may result in a dismissal by the
Zoning Board of an application as incomplete.
The informationherein is an abstract of more specific
requirements listed in the Zoning Board Rules and
Regulations and is not meant to supersede them. The
petitioner will complete items that are underlined.
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and, receivers
a Zoning Bylaw Denial form completed by the
Building Commissioner.
STEP 2: SPECIAL PERMIT APPLICATION FORM
Petitioner completes an application form to petition the
Board of Appeals for a Special Permit. Ail information as
required in items 1 through and including 11 shall be
completed.
STEP 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in Section 10 page 4 of this form.
STEP 4: LIST OF PARTIES IN INTEREST:
The petitioner requests the Assessors Office to compile
a certified list of Parties in Interest (abutters).
.STEP 5: SUBMIT APPLICATION:
Petitioner submits one (1) original and 10 Xerox copies
of all the required information to the Town Clerk's Office
to be certified by the Town Clerk with the time and date
of filing. The original will be left at the Town Clerk's
Office, and the 10 Xerox copies will be left with the
Zoning Board.of Appeals secretary.
IMPORTANT PHONE NUMBERS:
Office of Community Dev. & Services 978-688-9533
1600 Osgood Street
Building 20, Suite 2-36
North Andover, Massachusetts 01845
Fax 978-688-9542
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals office
On—
STEP 6: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE: -
The Office of the Zoning Board. of Appeals schedules the
applicant for a hearing date and prepares the legal
notice for mailing to the parties in interest (abutters) and
for publication in the newspaper. The petitioner is
notified that the legal notice has-been prepared and the
cost of the Party in Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER
The petitioner picks up the legal notice from the Office of
the Zoning Board of Appeals and delivers the legal notice
to the local newspaper for publication.
STEP 8: PUBLIC HEARING .BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
represented by an agent or attorney: In the absence of
any appearance without due cause ons net �sf u ie
petition, the Board shall decide on the matter by using
the information it has received to date.
STEP 9: DECISION:.
After the hearing, a copy of the Board's decision will be
sent to all parties in interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
General Law ch. 40A sec. 17, within twenty (20) days
after the decision is filed with the Town Clerk.
STEP 10: RECORDING THE DECISION AND PLANS.
The petitioner is responsible for recording certification of
the decision, Mylar, and any accompanying plans at the
Essex County North Registry of Deeds, 384 Merrimack
St., Lawrence MA 01843, and shall complete the.'
Certification of Recording form and forward it to the
Zoning Board of Appeals and the Building Department.
IMPORTANT PHONE NUMBERS:
North Andover Town Hall
120 Main Street
978-688-9566- Assessor's Office
978-688-9501 Town Clerk
Page 1 of 4
—'J— - —•
9. WRITTEN DOCUMENTATION
Application for a Special Permit must be supported by a
legibly written or typed memorandum setting forth in
detail all facts -relied upon. When requesting a Special
Permit from the requirements of MGLA ch. 40A, and the
North Andover Zoning By-laws, all dimensional
requirements shall be clearly identified and factually
supported. All points, 1-6, are required to be
addressed with this application.
1. The particular use proposed for the land or structure.
2. The specific site is an appropriate location for such
use, structure or condition.
3. There will be no nuisance or serious hazard to
vehicles or pedestrians.
4. Adequate and appropriate facilities will be provided
for the proper operation of the proposed use.
5. The use is in harmony with the purpose and intent of t
Zoning Bylaw.
6. Specific reference and response to the criteria
required by the particular Special Permit for which
this application is made (i.e. the Earth'Removal
Special Permit has unique criteria and submittal .
requirements.).
10. PLAN OF LAND
Each application to the Zoning Board of Appeals shall be
accompanied by the following described plan. Plans
rriust be submitted with this application to the Town
Clerk's Office and ZBA secretary at least thirty (30) day;
prior to the public hearing before the Zoning Board of
appeals.
A'set of building elevation plans by a Registered
Architect may be required when the application
involves new construction/a conversion/ and/or a
Proposed change in use. .
10 A. Major Projects
Major projects are those, which involve one of the
following whethei existing or proposed:
I) five or more parking spaces,
II) three (3) or more dwelling units,.
III) 2000 square feet of building area.
Major Projects shall require that in addition to the above
features, plans must show detailed utilities, soils, and
topographic information.
*10. B: ' Pian Specifications:
I) Size of plan: Ten (10 ) paper copies of a plan not
to exceed 11x17", preferred scale of 1"=40'
%;PV L; %-►I/AL f cruv l i
Ill One (1) Mylar, with one block for Registry Use
Only, and one block for five (5) ZBA signatures and date.
III) Plan shall be prepared, stamped and certified by a
Registered Professional Land Surveyor. `Please note
that plans by a Registered Professional Engineer,
Registered Architect, and/or a Registered Landscape
Architect may be required for Major Projects.
*10 C. *Required Features On Plan:
n Site Orientation shall include:
1. north point
2. zoning district(s) .
3. names of streets
4. wetlands (if applicable)
5. abutters of property, within 300' radius
6. locations of buildings on adjacent properties
within 50' from applicants proposed structure
7. deed restrictions, easements.
In Legend & Graphic Aids shall include:
1. Proposed features in solid lines & outlined in red
2. Existing features to be removed -in dashed lines
3. Graphic Scales
4. Date of Plan
5. Title of Plan
6. Names addresses and phone numbers of the
applicant, owner of -record, and land surveyor.
7. 'Locus.
10 D. Minor Projects
Minor projects, tuc. as decks, sheds, ar a garan s
. ,
shat{ r equire only the plan information as indicated with
an. asterisks.(*). In some cases further information may
be required
11. APPLICATION FILING FEES
A. Notification fees: Applicant shall provide a check
or money order to: "Town of North Andover for the cost
of first class, certified, return receipt x # of all parties in
interest identified in MGLA ch. 40A §11 on the abutter's
list for the legal notice check. Also, the applicant shall
supply first class postage stamps x the # of parties of
interest on the abutter's list for the decision mailing.
B. Mailing labels: Applicant shall provide four (4)
sets of mailing labels no larger than 1 "x2-5/8" (3 copies
for the Legal mailing and one copyfor the Decision
.mailing).
C. See 2005 Revised Fee Schedule.
®ice A Special Permit once granted by the ZBA will
lapse in 2 (two) years if not exercised and a new
petition must be submitted. ®®.
rage L of 4
North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT
Please complete all items 1 - 10 on pages 2 through 4:
1. Petitioner: 'Name, *Address and telephone number:
n ,
—
—card 44-si, .—
'"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:
r i n r� ti
1 /'L
,
4� Years"Dwried Land
3. Location of Property:.
a. Street: = ilk Zoning District:
b. Assessors: Map Number ' p
Lot Number. O qg
C. Registry of Deeds: Book Number /____ Pae Number: 2
4.. General Bylaw Sections) under .wich the petition for the Special Permit is made,
*Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner.
5. Describe the Special Permit request:
Of L
The above -description shall be used fog 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..
rage s or 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIA!_ PERMIT
6A. Existing Lot(s):
Lot Area Open Space Percent Lot
Frontage Parking
Sq. Ft Sq. Ft. Coverage Feet
Spaces
6B'. Proposed Lot(s):
Lot. Area Open Space Percent Lot
Frontage Parking
Sq. Ft Sq. Ft. Coverage Feet
Spaces
6C. Required Lot: (As required by Zoning Bylaws & Table 2))
Lot Area Open Space Percent Lot
Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet
Spaces
Minimum Lot Setback
Front Side A Side B Rear
Minimum Lot Setback
Front Side A Side B Rear
Minimum Lot Setback
Front Side A Side B . Rear
7A. Existing Building(s):
Ground Floor Number of Total Use of Number
Square feet Floors Sq. feet Building* of Units"
7B'. Proposed Building(s):
Ground Floor Number of Total
Square feet Floors Sq. feet
*Reference Uses from the Zoning Bylaws & Table 1.
**State number of units in building.
Use of Number
Building* of Units**
*Reference Uses from the Zoning Bylaws & Table '1.
**State number of units in building.
S. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every
application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. 'The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals
does not absolve the applicant from this responsibility. The petitioner shall be 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 dismiss he Zing Board of this application as incomplete.
Sianatui .. , 1
TvDe above nayels
Zoning Bylaw Review Form
Town Of North Andover
Building Department _ _ _�;, - I
1600 Osgood Street, Building 20, Suite 2-36 ' . `..
North Andover, MA. 01845 r
Phone 978-688-9545 2 0i g i', -Fi(! 978=688-9542
Street:
148 Waverley road
Ma /Lot:
14.01049 : i '
Applicant:
Mercedat Guberson'_?-,4__ 1 y`
Request:
Add 3' dwelling unit to existing 2 -family, 3 story building
Date:
Apr 27,2011
Hease Lie advised that. atter review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning District: R-4
Remedy for the above is checked below
Item # Special Permits Planning Board Item #
Item
Notes
Setback Variance
Item
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
Variance for Sign
1
Lot area Insufficient
X
1
Frontage Insufficient
Special Permit Use not Listed but Similar
2
Lot Area Preexisting
X
2
Frontage Complies
X
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
2
Not Allowed
1
Insufficient Area
3
Use Preexisting
2
Complies
4
Special Permit Required
X
3
Preexisting CBA
X
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
X
2
Complies
X
3
Left Side Insufficient
3
1 Preexisting Height
X
4
Right Side Insufficient
X
4
Insufficient Information
5
Rear Insufficient
I
Building Coverage
6
Preexisting setback(s)
X
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies
D
Watershed
3
Coverage Preexisting
X
1
Not in Watershed
X
4
1 Insufficient Information
2
In Watershed
i
I 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
1
2
In District review required
Not in district
X
1
1 2
More Parking Required
Parking Complies
X
3
Insufficient Information
Remedy for the above is checked below
Item # Special Permits Planning Board Item #
Variance
Site Plan Review Special Permit
Setback Variance
Access other than Frontage Special Permit
Parking Variance
Frontage Exception Lot Special Permit
Lot Area Variance
Common Driveway Special Permit
I Height Variance
Congregate Housing Special Permit
Variance for Sign
Continuing Care Retirement Special Permit
Special Permits Zoning Board
Independent Elderly Housing Special Permit
Large Estate Condo Special Permit
Special Permit Non -Conforming Use ZBA
Earth Removal Special Permit ZBA
Planned Development District Special
Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit B-4
Special Permit for 3NU 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 abo a file. You must file a new building permit application form and begin the permitting process.
Buildi g Depart ent Official Signature Application Received Xpplica on Denied
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:
�ww.^.c'- _•
€i,Reuiew r 'Reasons
iReference�.
. a*r ow ww i ,.rr r
'I
"ons) fors Den'ia'h& ByI'Aw erence '' s
Police
X Zoning Board of Appeals
B-4
A Special Permit from the Zoning Board of Appeals is required for the
conversion of an existing 2 -family dwelling unit structure to a proposed 3 -
family dwelling unit structure per 4.122.14.0 of the Zoning Bylaw: "The
conversion of an existing dwelling to accommodate not more than five (5)
residential units, by special permit from the Zoning Board of Appeals in
accordance with Sections 10.31 and 4.122.14.D of this Bylaw."
Planning
Historical Commission
B-4
A Special Permit from 9.2 of the Zoning Bylaw is required for the change,
extension, or enlargement of a pre-existing, non -conforming structure is
required from the Zoning Board of Appeals in order to allow the proposed
conversion of a 2 -family dwelling to a 3rd dwelling unit.
Note: The proposed 3rd dwelling unit shall require all 3 units to be sprinkled
per North Andover Fire Department & Massachusetts building code.
I
I
i
i
Referred To:
X Fire
Health
Police
X Zoning Board of Appeals
Conservation
Department of Public Works
Planning
Historical Commission
Other
BUILDING DEPT
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_'�" Zoning Bylaw Review Form
p Town Of North Andover Building Department
1600 Osgood St. Bldg 20 Suite 2-36
SACHUSE North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street:
336 Chestnut Street
Ma /Lot:
98.C/106
Applicant:
Joseph J Ca orale and Martha Ca or8le
Request:
To construct addition
Date:
Aug 16,2011
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning R-3
Remedy for the above is checked below.
Item # Special Permits Planning Board
Item
Notes
X Setback Variance
Item
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
Variance for Sign
1
Lot area Insufficient
Independent Elderly Housing Special Permit
1
Frontage Insufficient
Earth Removal Special Permit ZBA
2
Lot Area Preexisting
Planned Residential Special Permit
2
Frontage Complies
X
3
Lot Area Complies
X
3
Preexisting frontage
4
Insufficient Information
4
Insufficient Information
B
Use
5
No access over Frontage
1
Allowed
X
G
Contiguous Building Area
2
Not Allowed
1
Insufficient Area
3
Use Preexisting
2
Complies
X
4
Special Permit Required
3
Preexisting CBA
5
Insufficient Information
4
Insufficient Information
C
Setback
H
I Building Height
1
All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
2
Complies
X
3
Left Side Insufficient
X
3
Preexisting Height
4
Right Side Insufficient
4
Insufficient Information
5
Rear Insufficient
I
Building Coverage
6
Preexisting setbacks
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies
X
D
Watershed
3
Coverage Preexisting
1
Not in Watershed
X
4
Insufficient Information
2
In Watershed
j
Sign
3
Lot prior to 10/24/94
1
Sign not allowed
N/A
4
Zone to be Determined
2
Sign Complies
5
Insufficient Information
3
Insufficient Information
E
Historic District
K
Parking
1
In District review required
1
More Parking Required
2
Not in district
X
2
Parking Complies
X
3
Insufficient Information
3
Insufficient Information
4
Pre-existing Parking
Remedy for the above is checked below.
Item # Special Permits Planning Board
Item # Variance
Site Plan Review Special Permit
X 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 Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit
Special Permit for Sign
R-6 Density Special Permit
Special permit for preexisting
nonconforming
Watershed S ecial 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 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. You must file a new permit application form and begin the permitting process.
Building Department Official Signature Applid'atioK Received Application Denied
Denial Sent: If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for DENIAL for the
APPLICATION for the property indicated on the reverse side:
Item Reasons for
Reference
Section 7 Dimensional Requirements
Table 2: Summary of Dimensional Requirements.
Side setbacks R-3 Zoning District 20' required Proposed 16.84 ft.
Variance required
Referred To:
Fire
Health
Police
X Zoning Board
X Conservation
Department of Public Works
Planning
Historical Commission
Other
Building Department
,10RT„
Zoning Bylaw Review Form
Y
Town Of North Andover Building Department
1600 Osgood St. Bldg 20 Suite 2-36
North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street:
336 Chestnut Street
Ma /Lot:
98.C/106
Applicant:
Joseph J Ca orale and Martha Ca orole
Request:
To construct addition
Date:
Aug 16,2011
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning R-3
Remedy for the above is checked below
Item # Special Permits Planning Board
Item
Notes
X Setback Variance
Item
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
Variance for Sign
1
Lot area Insufficient
Independent Elderly Housing Special Permit
1
Frontage Insufficient
Earth Removal Special Permit ZBA
2
Lot Area Preexisting
Planned Residential Special Permit
2
Frontage Complies
X
3
1 Lot Area Complies
X
3
Preexisting frontage
4
Insufficient Information
4
Insufficient Information
B
Use
5
No access over Frontage
1
Allowed
X
G
Contiguous Building Area
2
Not Allowed
1
Insufficient Area
3
Use Preexisting
2
Complies
X
4
Special Permit Required
3
Preexisting CBA
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply
1.
Height Exceeds Maximum
2
Front Insufficient
2
Complies
X
3
Left Side Insufficient
X
3
Preexisting Height
4
Right Side Insufficient
4
1 Insufficient Information
5
Rear Insufficient
I
I Building Coverage
6
Preexisting setback(s)
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies
X
D
Watershed
3
Coverage Preexisting
1
Not in Watershed
X
4
Insufficient Information
2
In Watershed
j
Sign
3
Lot prior to 10/24/94
1
Sign not allowed
N/A
4
Zone to be Determined
2
Sign Complies
5
Insufficient Information
3
Insufficient Information
E
Historic District
K
Parking
1
In District review required
1
More Parking Required
2
Not in district
X
2
Parking Complies
X
3
Insufficient Information
3
Insufficient Information
4
Pre-existing Parkin
Remedy for the above is checked below
Item # Special Permits Planning Board
Item # Variance
Site Plan Review Special Permit
X 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 Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit
Special Permit for Sign
R-6 Density Special Permit
Special permit for preexisting
nonconforming
Watershed Special 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 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. You must file a new permit application form and begin the permitting process.
Building Department Official Signature Applid'atioK Received Application Denied
Denial Sent : If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for DENIAL for the
APPLICATION for the property indicated on the reverse side:
Item Reasons for
Reference
Section 7 Dimensional Requirements
Table 2: Summary of Dimensional Requirements.
Side setbacks R-3 Zoning District 20' required Proposed 16.84 ft.
Variance required
Referred To:
Fire
Health
Police
X Zoning Board
X Conservation
Department of Public Works
Planning
Historical Commission
Other
Building Department
Zoning Bylaw Review Form
Town Of North Andover
Building Department
1600 Osgood Street, Building 20, Suite 2-36
North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street:
148 Waverley road
Ma /Lot:
14.0/049
Applicant:
Mercedat Guberson
--dwelling
Request:
P--dwellingunit to existing 2 -family, 3 story building
Add P
Date:
Apr 27,2011
Please ue advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning District: R-4
Remedy for the above is checked below
Item # Special Permits Planning Board Item #
Item
Notes
Setback Variance
Item
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
Variance for Sign
1
Lot area Insufficient
X
1
Frontage Insufficient
Earth Removal Special Permit ZBA
2
Lot Area Preexisting
X
2
Frontage Complies
X
3
1 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
2
Not Allowed
1
Insufficient Area
3
Use Preexisting
2
Complies
4
Special Permit Required
X
3
Preexisting CBA
X
5
Insufficient Information
4
Insufficient Information
C
Setback
H
I Building Height
1
All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
X
2
Complies
X
3
Left Side Insufficient
3
Preexisting Height
X
4
Right Side Insufficient
X
4
Insufficient Information
5
Rear Insufficient
I
Building Coverage
6
Preexisting setback(s)
X
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies -
D
Watershed
3
Coverage Preexisting
X
1
1 Not in Watershed
X
4
Insufficient Information
2
1 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
1
In District review required
1
More Parking Required
2
Not in district
X
2
Parking Complies
X
3
Insufficient Information
Remedy for the above is checked below
Item # Special Permits Planning Board Item #
Variance
Site Plan Review Special Permit
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
Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit B-4
Special Permit for 3 Unit
R-6 Density Special Permit B-4
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 abo a file. You must file anew building permit application form and begin the permitting process.
411A A
Build. g Depart ent Official Signature Application Received ;J(pplicatfon Denied
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:
Review, "Reasons
Form Item
for'Denial<°& Bylaw Reference
Police
X Zoning Board of Appeals
B-4
A Special Permit from the Zoning Board of Appeals is required for the
conversion of an existing 2 -family dwelling unit structure to a proposed 3 -
family dwelling unit structure per 4.122.14.0 of the Zoning Bylaw: "The
conversion of an existing dwelling to accommodate not more than five (5)
residential units, by special permit from the Zoning Board of Appeals in
accordance with Sections 10.31 and 4.122.14.D of this Bylaw."
Planning
Historical Commission
B-4
A Special Permit from 9.2 of the Zoning Bylaw is required for the change,
extension, or enlargement of a pre-existing, non -conforming structure is
required from the Zoning Board of Appeals in order to allow the proposed
conversion of a 2 -family dwelling to a 3rd dwelling unit.
Note: The proposed 3rd dwelling unit shall require all 3 units to be sprinkled
per North Andover Fire Department & Massachusetts building code.
Referred To:
X Fire
Health
Police
X Zoning Board of Appeals
Conservation
Department of Public Works
Planning
Historical Commission
Other
BUILDING DEPT
ZoningBylawDenia12000
Albert P. Manzi III, Esq. Chairman
Ellen P. McIntyre, Vice -Chairman
Richard J. Byers, Esq. Clerk
Daniel S. Braese, Esq.
Richard M. Vaillancourt
Town of North Andover
ZONING BOARD OF APPEALS
Legal Notice
North Andover Board of Appeals
Associate Members
Thomas D. Ippolito
Michael P. Liporto
Zoning Enforcement Officer
Gerald A. Brown
Notice is hereby given that the Board of Appeals will hold a public hearing at the
North Andover Senior Center, 120R Main Street, North Andover, MA on Tuesday
June 21St 2011, at 7:30PM to all parties interested in the application of Guberson
Mercedat, of 148-150 Waverley Road (Map 14 Parcel 049), North Andover, MA
01845. Applicant is requesting 2 Special Permits to convert an existing 2 family
dwelling unit into a 3 family dwelling unit per 4.122.14.0 of the Zoning Bylaw and,
also for the change of a non -conforming structure from 9.2 of the Zoning Bylaw.
Application and supporting materials are available for review at the office of the
Zoning Department 1600 Osgood Street, North Andover, MA, Monday through
Friday from the hours of 8:30 AM to 4:00 PM.
By order of the Board of Appeals
Albert P. Manzi III, Esq., Chairman
Published in the Eagle Tribune on:
June 7th° 2011
June 14th , 2011
Town of North Andover
ZONING BOARD OF APPEALS
Albert P. Manzi III, Esq. Chairman cF tjO Wry
Ellen P. McIntyre, Vice -Chairman �' "- •' _''' °o Associate Members
� Thomas D. Ippolito
Richard J. Byers, Esq. Clerk _ a
Daniel S. Braese, Esq. * Michael P. Liporto
Richard M. Vaillancourt " '+,
Zonin Err orcement Ofcer
�SSACHl15E� g Gerald A. Brown
Legal Notice
North Andover Board of Appeals
Notice is hereby given that the Board of Appeals will hold a public hearing at the
North Andover Senior Center, 120R Main Street, North Andover, MA on Tuesday
June 21 st 2011, at 7:30PM to all parties interested in the application of Guberson
Mercedat, of 148-150 Waverley Road (Map 14 Parcel 049), North Andover, MA
01845. Applicant is requesting 2 Special Permits to convert an existing 2 family
dwelling unit into a 3 family dwelling unit per 4.122.14.0 of the Zoning Bylaw and
also for the change of a non -conforming structure from 9.2 of the Zoning Bylaw.
rApplication and supporting materials are av♦Tailable/ for review at the office of the
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Friday from the fours of 3:30 AM to 4:00 PM.
By order of the Board of Appeals
Albert P. Manzi III, Esq., Chairman
Published in the Eagle `Tribune on:
June 7th° 2011
June 14' , 2011 —
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Zoning Bylaw Review Form
Town Of North Andover
Building Department
1600 Osgood Street, Building 20, Suite 2-36
North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
i ,
Street: - —19 U Ala Ll"r a
Ma /Lot: 4" , D O Y
Applicant:
Request: Add 3r dwellino unit to existing 2 -family, 3 story building
Date: Mops" 5emxlz
Please be advised that after revibw & your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning District: R-4
Remedy for the above is checked below.
Item # Special Permits Planning Board Item #
Item
Notes
Setback Variance
Item
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
Variance for Sign
1
Lot area Insufficient
X
1
Frontage Insufficient
Earth Removal Special Permit ZBA
2
Lot Area Preexisting
X
2
Frontage Complies
X
3
1 Lot Area Complies
3
1 Preexisting frontage
X
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
1 Complies
4
Special Permit Required
X
3
Preexisting CBA
X
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
X
2
1 Complies
3
Left Side Insufficient
3
Preexisting Height
X
4
Right Side Insufficient
X
4
Insufficient Information
5
Rear Insufficient
40
1
Building Coverage
6
Preexisting setback(s)
X
1
Coverage exceeds maximum
7
Insufficient Information
2
1 Coverage Complies
D
Watershed
3
Coverage Preexisting
X
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
1
In District review required
1
More Parking Required
2
Not in district
X
2
Parking Complies
X
3
Insufficient Information
Remedy for the above is checked below.
Item # Special Permits Planning Board Item #
Variance
Site Plan Review Special Permit
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
Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit B-4
Special Permit for 3NU Unit
R-6 Density Special Permit B-4
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. You must file a new building permit application form and begin the permitting process.
Building Department Official Signature Application Received Application Denied
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:
Review
Form Item
Reference
Reasons for Denial :& Bylaw Refererer�_
Police
X Zoning Board of Appeals
B-4
A Special Permit from the Zoning Board of Appeals is required for the
conversion of an existing 2 -family dwelling unit structure to a proposed 3 -
family dwelling unit structure per 4.122.14.0 of the Zoning Bylaw: "The
conversion of an existing dwelling to accommodate not more than five (5)
residential units, by special permit from the Zoning Board of Appeals in
accordance with Sections 10.31 and 4.122.14.D of this Bylaw."
Planning
Historical Commission
B-4
A Special Permit from 9.2 of the Zoning Bylaw is required for the change,
extension, or enlargement of a pre-existing, non -conforming structure is
required from the Zoning Board of Appeals in order to allow the proposed
conversion of aatit-in a 2 -family dwelling to a 3rd dwelling unit.
Note: The proposed 3rd dwelling unit shall require all 3 units to be sprinkled
per North Andover Fire Department & Massachusetts building code.
Referred To:
Fire
Health
Police
X Zoning Board of Appeals
Conservation
Department of Public Works
Planning
Historical Commission
Other
BUILDING DEPT
ZoningBylawDenia12000
4 HORTN
Zoning Bylaw � ni�A
Town Of North Andover Building Department
27 Charles St. North Andover, MA. 01845
sacyuse ,
Phone 978_'688-9545 Faz-978'49914 42
Ma /Lot:
,f-4/
_._
Applicant: /CvnAll
-Request: Su ►utcl� a A�'��� s i n� 0 3
Date: 1..1; 01 r1 - oZ .
Please be advised fhat,afier review of your Application and Plans that your Application is
DENIED fonthe fotlowi!,Iq;Zoning-Bylaw-reasons:
Kernecly for the above is checked below.
Item # Special Permits Planning Board Item # Variance -t
- - -- �� ��� `-a-3
Access other than,Fronta e Special Permit
Setback Variance
Frontage Exception Lot S ecial Permit
Parking Variance
-
Common Drlvewa` .8 ecial Permit -
Lot Area Variance
Height Variance
Congregate Housing Special Permit
Variance for Sign
Conti nuing.,Care Retirement Special Permit
Special Permits Zoning Board
Inde endent Elderl HousinS ecial Permit
Large Estate Condo Special Permit
Special Permit Non -Conforming Use-ZBA
Planned Develo rnent District Special Permit
Earth Removal Special Permit ZBA
Planned Resldential'S ecial Permit
. Special Permit Use not Listed but Similar
R-6 Density Special Permit 6-
Special Permit for Sign
Special Permit
Watershed Special'"Permit
preexistin nonconforminc
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 plansand;documentation for the above file. You must file a new building
permit application form, and begin the permitting process.. -
11-a o a 1/ -a1 -d,2
ilding Departmen 'Official Application Received Application Denied
Denial Sent: If Faxed Phone Number/Date:
J•
Plan Review Narrative
t ,
The following narrative is provided to further e�cpl in the. reasons'for dernai' for;the application) =+'%
permit for the property indicated on the reverse side: k
Referred To:
NORTH ANDOVER
BOARD OF APPEALS
DATE OF FILING:
DATE OF HEARING: _
DATE OF APPROVAL:
PLAN OF LAND
IN
NORTH ANDOVER, MASS.
OWNED BY
KEVIN W. AND ELIZABETH MURPHY
SCALE. I"=40' DATE:1118/2002
0' 40' 80' 120'
SECOND
Or
13972 04
s� Aft/STUX
L LAIN
Scott L. Giles R. P. L. S.
Frank. S. Giles R. P. L. S.
50 Deer Meadow Road
North Andover, Mass.
THIS IS TO CERTIFY THAT/ HAVE CONFORMED
WITH THE RULES AND REGULATIONS OF THE
REGISTERS OF DEEDS IN PREPARING THIS PLAN
Y.V
SO
IA
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