Loading...
HomeMy WebLinkAboutMiscellaneous - 148 WAVERLY ROAD 4/30/2018Y m> D �e e d w a 0 � os 09 A i a 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 C����°� 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 ,, �G �G \ T 24 1o, ti%c l� `gREA` 6'j. 49 cyq ISSN\, ,93pSF �': Qg \J 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 P? t cn C C.a Q Q pq N C' C -r.) U- - O Q g P? t cn C C.a Q Q pq N C' C -r.) U- - O Q m un) 0 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 lz� 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 w t 0 10 0 p 0S d 9C�J HUN 0�9� w t 0 10 0 p 0S d 9C�J ��jMyl 0�9� —/��v-est �Ilah 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. 4 I T-Toos asita", lip* Rua 4 I 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/ c _ 45 L i > E 0 .� O N of Q. �— LL -0 3 s `� o L 0 ai z O Q a � N- *' aJ X A s 3 L 3 O L Q L L N O N O QM > z a) 4a hA W m C 'N L In s 'O +' L ca >• v1 ri i V1 to o ++ (� N 00 � '� 3 a, R* c m L s Q. m Cr Lba O Q E .3 c EAi L ` \ a o= c 13 o a N .0 s >, CL M c N mho H m .� aJO O = _ N. s c s M M O >' 'aJ •N aJ = m V1 / s c > c 3 Q.*rl �6 Etw 4-a .L O O O O hA CL \\_ u i O O aJ ++ 3 c m •Q � L z- — N Q >. a) 3 u O L aJ N aJ _ c m +�+ H G ate -+ O 4-b `0c N s°s°ao. E sm w c 4-0 'C N d1 ,� N 4a N s L ,_ u N O c oto O = O t o c c s L. o 4-0 >• -' a) r O' n O O O O aJ Q s 40Ln O > N u 4a c 3+ L sago a M s L a a� s i.+ 3 '0 O N •a E "Q c z v� sh0 0 O L N S O m i 43-+ ` L m ++ 4'' t += 3 - i c + 0 .3 3 O O L i° +�+ 3 4-0y m �° N 0 *' v a, o N 0 c N 'L .c o w 3` o IA� Y s O E ca c 0 O O c a� c 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 — W tA�oora�r�`°a`�i�ouoiAC�inw��'ctyou�� Lmi°000r>a�o d�Nc pato r— m V wQ�°°zacizt'-rte dm�z�vd �rn�vm�° 0 a3iN-ZoEo onwE �wLm�a v _ oa°'•av o°aycco N vw.-° o. ndm ° d y °_ c. c�>L. }�� a�¢=cam � a m •O L d C° N 7 �'O � X f6 0 N y W -C T. C aQ •p p C ZaNmL; o«? <V; --11< °c°c'3v3m � c?? EdQoo °vro 4 - aLL _�_—_ 10 G) C11 _ pCo�•- � �c—vim m c 4 `° o °r�� °ch > t� i� �; rnm C� N �-° ° t0 >`d ti: C(n "'- 3 �'NmL cN V E O U a 'LL CO m Od. B-�cmiLNc,�ySc�Novm°>1° >°E• mrn prnfl .0>rn° m� W OQcc ZCnL�N�>om���a-°EN°a d5 T1 o oo>ao>m��o� Q til 20 0E.-dis � rn E W tm<=a.-ave n23�aa G °w � aN ° �m ago =oa� ca 1 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 •LY rn >.O�L 'L til fO�QCO C.LN N„N„N O'C L NCNC-mmCOr TmO N�NC _ mto 2- �m �T �¢�d-0Qoco�--r160-12gO WEc`.EI• 5c:o y`�3N�ZcEv oawE N �Z mZF� a0 wco—ZO,O.N C �O'6 c6 `N 'O N m o O L= iii > t o U o Yap* da._ C c cG 2 c > `m¢ -t ` pa "sV,��mo,Q �mmmU16mNY mm�m� >Q '246 NO ZZQ N mL. •E„¢Ei c o 0o y•- c c 3v 3� c« E Q mo 0-p2 ZLL.-�_ m �rngc� - -ot - m -vim c mo o m o o1=y� =Oo'3mcnc�-°vo�>.o -crna�i3>Nmt�N UE�Uo LLm °O Oa. FC�Ymc`m arc-�c�dro >aE� OE Oo>rno m� Or of arna Z�IS Zacia.rcv¢o-°p>-oont0dRnvCOLM0i' c,�c�cE5Qrioa�a) c2o� Q LU m >CL, CNCN C aCOCO mODOO>. O>LC r through ;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 w O O � C 060 CL Col y o C S46, v p to O N 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 w O O � C 060 CL Col y o C S46, v p to O N t �10RTf� 1 s ^o 4 .r ,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 ZoningBylawDenia12000 J Z o -,OIO W vd- � Z Q � Q IX W za K j G W O O m O m t � �UW z a �ow�a ® W � O n t h a vkZwU � Y W N OU is p W m + N ~ �3mz Q Q 3L, ONtltl W �yoo. t`WN N� � oo � rc W y W r �� � O FQO o % O O Z OU a WS c t- J W t- ZOZ qW O W2 Z O S wm z23N a a ao W~ J t DOJO YOM O W'O .,zW z e 3 uom RUGS N OO UR WH O Ln ,01-16 .S .8i O ,8-,6 ,l-Ai ,6-.9 ,6-,11 ,6-9 � Oo J U K W QSWvl o 4 a W Wtp Z 0� Q Q (4 Q ci 8 m U z W .. Q m O O W J U W aI W Q D CD � V) 0 Q co �3w n o i a b zt o a m A zu y & v[ U, � ^ Z Q 5 O n Z 0<n yN U ` Z N ,8-,6 ,I-.Oi ,6-.9 ,6-,11 ,iT-.L ,6-19 Oo W UQo a s of c� a a= f5 u_ a 10 N Z °• Q W <' o, t m m J 'Z•' O U N o� a z w vi d a d o Q U e O W m Z W o p 0 m O k c U _ U J a Q N CL Wwq o Q $ w l7 fa m o M Q 0 W Lt_ > Q 4 ti N Y O0 Of to co O - 0- n MOOMOO an ®® tJi a Y U W O Z [b O � O Q • � a0 a� � do �A Q V W 08 w' W apo 13 m W LLJ N13 m m a CO N ❑ ~ �z<tw _V 00� W m❑ O � z O Q� )faro, Iw E 00 N i0 t r M Qo \0 > §\797 CO. /�§\\ 7®4e± )§�\> Ul 000 § 0) \\ « / 4 e 8 S a §MVI -C 5§ k -,%2 Rz A 9777 C, 2 70 q \ `/A %\reo T-NO r) j ;$t\ In �:4)� g EA . \ 2 z T-NO In EA , EEI z U m §lee p15' O � - - , s NORT" _'�" 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 .'�.'r.�_"Z l.l�� �J4/tJ'; i { ;i 16.1.^�; Ali J�v { ��C', ,�.•ti Vi, 'ri_��.�� \I rj - fL �.1.�\ � 1 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 — W N> 6.6 t N iC NSC O O.L L6 - .:@ N O'C 0 0u) m� a m iV C pO �> N O N� N C d 'C N O IA l0 'C C O 7 .- 7- l0 O l0 L O .t-. - E �ioD ��ZaCiZFo�ay`ma-Z_va`>�rno-am�N 'Ow�O�ZOo« OaW w IL O a�U CN tea.-v.� a) CL nF_ oin �O. m QY D d 0 (3 IF N 67NU N m td •C N >+¢ 'O �O .CUA T7 ZQ N_LL �'C�¢yOC O002N•O CC3V3rn +- om OE ¢moo °vim �-- - - - - - -- !i QLL a� gc� o o _� `0 d °N cCd rn0 E� AUS 2:s 'n m %2 �c J =O16 "3mcnc m v yam 'c�a�i3TNmc�N .� dcmio a oo. ���n'c��°���Novm�>'°0 C' >OE�rn"Ern prnnpo>rn° m� ZOzmaL20 voD>r�id2dmaca�°E�'a�oYoo>¢o>OcOcoo 0 a i m J m rn¢ ¢C�¢vr��C1 4.¢CO`4°MCLN120—M amY�O¢wta ¢ 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 M-0 .... -. z - � � , y# YF� ,) lL.�p � G.� � b� � `cs �` N o ', o ., s s_�_- _ s � : No ..v � °01.`7 � ` �' �� � '�'' ._f OM1_ - n , .. ❑+ � Q'. y.o a s.. n . mom, �Z::� ,