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HomeMy WebLinkAboutMiscellaneous - 15 NUTMEG LANE 4/30/2018 (2) IS NUTMEG LANE 210/038.0-0284-0000.0 PEE �1 i k 1 �s s- O 1�I ti��lele►M ��pVrl(.�h�, N 4 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division ; s , 27 Charles Street `� „� • North Andover,Massachusetts 01845 'sswc.«,s D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 This Is to certify that twenty(20)days have elapsed from date of decision, without filing of an appeal. Date.-!2A y ?DD Any appeal shall be filed Notice of Decision Joyce A.Bradshaw within(20)days after the Year 2004 Town Clerk date of filing of this notice in the office of the Town Clerk. Pro at: 15 NutmegLane NAME: Dave&Michele Pope BEARING(S): June 8,2004 ADDRESS: 15 Nutmeg Lane PETITION: 2004-012 North Andover,MA 01845 TYPING DATE: June 14,2004 The North:Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,June 8,2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Dave&Michele Pope, 15 Nutmeg Lane,North Andover,requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw from a rear setback in order to replace an existing deck. The said premise affected is property with frontage on the Northwest side of Nutmeg Lane within the R-3 zoning district.The legal notices were published in the Eagle Tribune on May 24&31,2004. The following members were present: John M. Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. The following non-voting member was present: Walter F.Soule. Upon a motion by John M.Pallone and 2d by Richard J.Byers,the Board voted to GRANT the dimensional Variance from Section 7,Paragrdph 7.3 and Table 2 of the Zoning Bylaw for relief of 10.8' from the rear setback in order to replace an existing deck with a larger deck per Variance Plot Plan for Proposed(12'x25')Deck,location: #15 Nutmeg Lane(Lot 14),owners:David S.&Michele M.Pope,date:May 10,2004,Peter J.Ogren P.L.S.#33604,Hayes Engineering,Inc.,603 Salem Street,Wakefield,Mass.,and[deck construction plan]Drawn By Tom Lyons[for] Michelle&Dave Pope, 15 Nutmeg Lane,North Andover,MA 01845 on the following condition: 1. The replacement deck stairs shall be placed to the side,so that the structure will not encroach any further into the rear setback than the granted variance relief of 10.8'. Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. The Board finds that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. This change,extension or alteration shall not be substantially more detrimental than the existing deck to the neighborhood. The applicant brought 4 photographs of the existing deck,and views from it to the side and rear setbacks. No abutter wrote or spoke against the petition. Pagel of 2 ATTEST: Eau PagWyof Do*. =_'-r A True Copy Town Clerk • � �} Ion �DI9 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 978.688-9540 Planning 978-688-9535 c 101 comm Street __.... _ .r ...______ _REPSIX .. TOM 150.GO-- Of i_ Town of North Andover oleo , Office of the Zoning Board of Appeals o? •' °°; Community Development and Services Division • 27 Charles Street North Andover, Massachusetts 01845 CNusE� D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 This is to certify that twenty(20)days have elapsed from date of decision,filed without filing of an appeal. Date. tf 9-2,0,0 Any appeal shall be filed Notice of Decision Joyce A.Bradshaw within(20)days after the Year 2004 Town clerk date of filing of this notice in the office of the Town Clerk. Pro at: 15 NutmegLane NAME: Dave&Michele Pope HEARING(S): June 8,2004 ADDRESS: 15 Nutmeg Lane PETITION: 2004-012 North Andover,MA 01845 TYPING DATE: June 14,2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,June 8,2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Dave&Michele Pope, 15 Nutmeg Lane,North Andover,requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw from a rear setback in order to replace an existing deck. The said premise affected is property with frontage on the Northwest side of Nutmeg Lane within the R-3 zoning district.The legal notices were published in the Eagle Tribune on May 24&31,2004. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. The following non-voting member was present: Walter F.Soule. Upon a motion by John M.Pallone and 2°d by Richard J.Byers,the Board voted to GRANT the dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 10.8' from the rear setback in order to replace an existing deck with a larger deck per Variance Plot Plan for Proposed(12'x25')Deck,location: #15 Nutmeg Lane(Lot 14),owners:David S.&Michele M.Pope,date:May 10,2004,Peter J.Ogren P.L.S.#33604,Hayes Engineering,Inc.,603 Salem Street,Wakefield,Mass.,and[deck construction plan]Drawn By Tom Lyons[for] Michelle&Dave Pope, 15 Nutmeg Lane,North Andover,MA 01845 on the following condition: 1. The replacement deck stairs shall be placed to the side,so that the structure will not encroach any further into the rear setback than the granted variance relief of 10.8'. Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. The Board finds that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. This change,extension or alteration shall not be substantially more detrimental than the existing deck to the neighborhood. The applicant brought 4 photographs of the existing deck,and views from it to the side and rear setbacks. No abutter wrote or spoke against the petition. Pagel of 2 ATTEST: - A True Copy _0 �Town Clerk JUL 9 - 2004 D Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 978-688-9540 Planning 978-688-9535 BOARD OF APPEALS Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 40 27 Charles Street : ON North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re- established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre,rhairmaw 2004-012. M38P284. Page 2 of 2 r - Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 I Town of North AndoverM°RTit °f 4,,,t° .°�'`' Office of the Zoning Board of Appeals ;:•' ' ° Community Development and Services Division 27 Charles Street -=� �° • North Andover,Massachusetts 01845 C" D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: 15 Nutmeg Lane NAME: Dave&Michele Pope HEARING(S): June 8,2004 ADDRESS: 15 Nutmeg Lane PETITION: 2004-012 North Andover,MA 01845 TYPING DATE: June 14,2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,June 8,2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Dave&Michele Pope, 15 Nutmeg Lane,North Andover,requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw from a rear setback in order to replace an existing deck. The said premise affected is property with frontage on the Northwest side of Nutmeg Lane within the R-3 zoning district.The legal notices were published in the Eagle Tribune on May 24&31,2004. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D. LaGrasse,and Richard J.Byers. The following non-voting member was present: Walter F.Soule. Upon a motion by John M. Pallone and 2nd by Richard J.Byers,the Board voted to GRANT the dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 10.8' from the rear setback in order to replace an existing deck with a larger deck per Variance Plot Plan for Proposed(12'x25')Deck,location: #15 Nutmeg Lane(Lot 14),owners:David S.&Michele M.Pope,date:May 10,2004,Peter J.Ogren P.L.S.#33604,Hayes Engineering,Inc.,603 Salem Street,Wakefield,Mass.,and[deck construction plan]Drawn By Tom Lyons[for] Michelle&Dave Pope, 15 Nutmeg Lane,North Andover,MA 01845 on the following condition: 1. The replacement deck stairs shall be placed to the side,so that the structure will not encroach any further into the rear setback than the granted variance relief of 10.8'. Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. The Board finds that the applicant has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. This change,extension or alteration shall not be substantially more detrimental than the existing deck to the neighborhood. The applicant brought 4 photographs of the existing deck,and views from it to the side and rear setbacks. No abutter wrote or spoke against the petition. Pagel of 2 C'= co (Z}�Cr;C Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 r Town of North Andover NORMt Office of the Zoning Board of Appeals a? •�'- ° Community Development and Services Division 1.1 41 27 Charles Street •^,_.__.:..;`' North Andover,Massachusetts 01845 ;'Ss„C,„,s D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re- established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre, hairm 2004-012. M38P284. Page 2 of 2 CO L) G�1` f' I Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 978-688-9540 Planning 978-688-9535 r Town of North Andover f NORTH ? Office of the Zoning Board of Appeals F 9 Community Development and Services Division 41 27 Charles Street ` - '04T[O North Andover, Massachusetts 01845 9SswcHUS D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Sei3o '. - Center, 120R Main Street,North Andover, MA on Tuesday the 8h of June, 2004 at �3QzPIVt to all parties interested in the appeal of Dave & Michele Pope, 15 Nutmeg Lane,North. ' Andover, requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table of =� f. the Zoning Bylaw from a rear setback in order to replace an existing deck. ; The said premise affected is property with frontage on the Northwest side of Nutmeg Lane within the R-3 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from.the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on May 24 & 31, 2004. Legalnotice 2004-012. M38P284. _ CO 3�sE< w m o 0= w o s m r o o=°c o L5'lam � � cmi �m 3.3 0� �`D-. m Dm . 0)-0 �' Z OZ PH a m s N� m co _ <° o DOrG) m msmN� wm � F_v_� a�° � � � �(nmm '0LN -3°0 7J 7ptna (D co nw � mccw� � � ��� m �coCZ, my OX> P ID �tp� n� rD oaD� m � maJoay �. a3w.� A� om�� 3oso Wm DZZZ =r U) o0 ow l- 3 0 �' Z`D (D 5 d iv-cm ii^ D: CD 0_ �p0 N W e-p O '< O [D m N W C Z� 3(.O� -.,Q_ N � 2 N O CD 7 y a. 9 0 O o <'m a � "Q o� °m N 3 o � M m o (D �n �'o < m -U w 0 K Co a� >MM w j Ch 0 0 0 N C' O. - J,�.y n wow 3 N n ' C!D Q K 3< N �.iT < y n Board of Appeals 978-688-9541 Builduig 978-688-954? Conservation 978-688-9530 Health 978-688-9540 Planning-978-688-9535 No.: qnll - r7 J Date. NORTH " TOWN OF NORTH ANDOVER ° p BUILDING DEPARTMENT `."Ar-aBuilding/Frame Permit Fee $ SSAC14 SE Foundation Permit Fee $ C'C'r�. 1� Other Permit Fee $ !Ol, (.h rftQU .,A J -8rrilding I�Q9tS?i.�' /�) ZBA 194 t Date 5-7117.0.V—... OF NOR'rh o�:`,.�°gip TOWN OF NORTH ANDOVER RECEIPT SSgCHUs� This certifies that...! .1..��..'.. . .....1!.!.P.....Po..Q.'.:.................... has paid#.Sai.d.P........ .. moi . ...' .............................. for....../. ......(t.�....lzt��.. ..:..��1.✓!f. ..................�.MI..-. Received by......,/t l� �..r . ./ �1i!1 ................................................... Department......7;76.A...................................................................... WHITE: Applicant CANARY:Department PINK:Treasurer PmP.� ('MC jVV:V'57 ' 21776 VARIANCE PLOT PLAN m _ FOR 010 X17& PROPOSED 12'x25' DECK vv` 21.3 R� Q� s ^1I I I' 2 -'pVR' tigtlSf 1 Q�BdAV �' V1 ?11 a I E4$i NT to LOCATION: #15 NUTMEG LANE (LOT 14) IP1Ef'L'M1Mw /) �' ARM N-3 "' o X OWNERS: DAVID S. & MICHELE M. POPE LOT 14 /' / --,...�. n Vn o / / 5 r-�� '�.� C ...� TELEPHONE NO. 1 -(978)-258-4465 51'f 29,379 SF. 1 R=127.08L,��� ISOLATED N—? y� DATE: MAY 10, 2004 � X1.09 ,E NE�N -.e%ORA/N / ' � SCALE: 1"=40' . RENT � -� . ZONE- R-3 R-20.00 �= L=37.51 MINIMIM SETBACKS.• EL= 177.5* 176.88 �eeR fAVNT = 30' T.F.= SIDE = 20' EL= 176.5 REAR = 30' 172.5* MIN. LOT AREA- = 25,000 S.F. M/N. f7'POONTAGE = 125' ELEVATION DETAIL AREA OF EXIST. DECK = 47± S.F. TOWN OF NORTH ANDOVER HOT TO Scue AREA OF EXIST. HOUSE = 1,810± S.F. B D OF APPEALS f/ _ _ I CERTIFY THAT THE STRUCTURE IS AREA OF PROP. DECK = 300 S.F. — — — _ LOCATED ON THE GROUND AS SHOWN. LOCUS TOTAL �-- = 2,110± S.F. _ _ _ _____ O6 Jwa MUM snaE T t� LOT COVERED BY EXIST. HOUSE ---- gs� AND PROPOSED DECK = 7.1X __ _ ----- PROFESSIONAL LAND SU O '11N DATE: MAY 10, 200 Y Ifl � 2. � APPLICANT � --------------- DATE PLAN PREPARED BY DATE F FILING ► °� �' _ wA� � o� __ ��� ®�� � HAYES ENGINEERING, INC. S„�E7 DATE OF BUBLIC HEARING BOARD OF APPE45 603 SALEM STREET LOCUS AMP 0' 20 oW 80' 120• WAKEFIELD, MASS. SCr4L£. 1 -800 . 1 -(781 )-246-2800 (t2' :) ,57.E 2176 .JUN 2 3 2004 VARIANCE PLOT PLAN oEcic N3676 BOARD OF APPEALS FOR o o Hrao�� �-- PROPOSED (12'x25') DECK o I �aN �1 r+i Msw_tp ' (�E ORA/N / ? 511IFii,SEM£NT .*- 111 LOCATION. #15 NUTMEG LANE (LOT 14) 21.1 ARBA ch x OWNERS: DAVID S. & MICHELE M. POPE LOT 14 o �� �� �,�" ,.,,� TELEPHONE NO. 1 -(978)-258-4465 51'± 29,379 S.F. R--12708 1S,OLA7ED Z DATE: MAY 10, 2004 N-2 -1 0� �,� WL A/vDyP�f/N i --� M , SCALE: 1"=40" ZONE' R-3 R-20.01 FF- L=37.51 MIN/MUM SETBACKS.• EL= 177.51 176.88 FRONT = 30' SIDE = 20' EL- 176.5 REAR = 30' 172.51 MIN. LOT AREA = 25,000 S.F. M/N. FRONTAGE = 125' AREA OF EXIST. DECK = 47± S.F. TOWN OF NORTH ANDOVER ELEVATION DETAIL B D OF APPEALS NOT TO SCME AREA OF EXIST. HOUSE = 1,810± S.F. I CERTIFY THAT THE STRUCTURE IS AREA OF PROP. DECK = 300 S.F. — --- 1 _— LOCATED ON THE GROUND AS SHOWN. L a'US TOTAL = 2,110± S.F. ----- _ n o �`jHOF�4ssAc ,yIL£M STREET 1 y LOT COVERED BY EXIST. HOUSE _ _ _____ ---- RE AND PROPOSED DECK 7.1 X � PROFESSIONAL LAND SU � O�CN y S.c DATE: MAY 10, 200 #Gasoa bed 9 2&161�1-t-l"t tni •r APPLICANT ---- — � _ DATE PLAN PREPARED BY DATE F MING yN� � ,�ofl4__ HAYES ENGINEERING, INC. srREE, —DATE OF SUBLIC HEARING 603 SALEM STREET � � � o' 20' 40• 80' 120' WAKEFIELD, MASS. LOCUS MAP � 1 —(781 )-246-2800 ' � �� � �J:, -•sem r 1~vi '. 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IE �., Z�. �, s 'erg s ;' ? � � *, ,,.� IL ALI%.. !r � ' ` t t, .4 •'� .�' `�(�� �• f a � '� - �� 'kid" y���, �«1►� N r r z o-, I r r" i,.niti: f R _... .a Z ♦i�';• 'i' ,�,�`K""\ifs ��i Y,-� ������t�' \ 4 1�i A L . r of •1yP .t.i:+� 8- .. `i, { "'`�''�'. I � �'t +y•� + t' .1•:�/iii•• 'I •`�. 1, fes' .� • .% �' !�'r •\ t` � � A.. ! y •!-•rte �~i '. �• ,y',• �+ �';e .r ." 'x►, y♦ 7" fir;y•� �'�y� ��¢j''�fti y`•' `{''w•y�•, i,. �1 f�L 4 41 •lfY+4/t9.�'S ,sL�•b.'jr�# y • .�4i.P�i'.1.r r •.' 's � 1 ..�1•iI �S L y . ' AO lit-r �++r„�s may, v��`���✓ ..#rs. •'��"r : '� .r rr ,- • ►• ;' r` �r w i t�. a Baa' s t e t sS� aF �a�zrr� TOWN OF NORTH ANDOVER VARIAN-C' ZONING BOARD OF APPEALS C "�4 ; U� a� - �SSAE'� NAME: CHUS �' ADDRESS OF APPEAL: Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty(30) days prior to the first public hearing. STEP 6: SCHEDULING OF HEARING AND Failure to submit the required information within the PREPARATION OF LEGAL NOTICE: time periods prescribed may result in a dismissal by the The Office of the Zoning Board of Appeals schedules Zoning Board of an application as incomplete. the applicant for a hearing date and prepares the legal The information herein is an abstract of more notice for mailing to the parties in interest(abutters) and specific requirements listed in the Zoning Board for publication in the newspaper. The petitioner is Rules and Regulations and is not meant to notified that the legal notice has been prepared and the E supersede them. The petitioner will complete items cost of the Party in Interest fee. that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO I NEWSPAPER STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner picks up the legal notice from the Office The petitioner applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal receivers a Permit Denial form completed by the notice to the local newspaper publication. Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 2: VARIANCE APPLICATION FORM: BOARD OF APPEALS: Petitioner completes an application form to petition the The petitioner should appear in his/her behalf, or be Board of Appeals for a Variance. All information as represented by an agent or attorney. In the absence of required in items 1 through and including 11 shall be any appearance without due cause on behalf of the completed. petitioner, the Board shall decide on the matter by using the information it has otherwise receive. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: decision may be made pursuant to Massachusetts The petitioner requests from the Assessors Office a General Law ch. 40A sec. 17, within twenty (20) days certified list of Parties in Interest(abutters). after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: STEP 10: RECORDING THE DECISION AND PLANS. Petitioner submits one(1) original and 10 Xerox copies The petitioner is responsible for recording certification of of all the required information to the Town Clerk's Office the decision and any accompanying plans at the Essex to be certified by the Town Clerk with the time and date County, North Registry of Deeds, 381 Common St., of filing. The original will be left at the Town Clerk's Lawrence MA, and shall complete the Certification of Office, and the 10 Xerox copies will be left with the Recording form and.forward it to the Zoning Board of Zoning Board of Appeals secretary. Appeals and the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev & Services 27 Charles Street, North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 i Page 2 of 4 Application for a VARIAN C E "F X 'y.:v... ... ..a. - ' • - y SRS ,.. r€.:..x... 1....,.....:s,_.' 1. Petitioner: Name, address and telephone number: IS- lVall7l� The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: ' �����/� �a L, � Ce�C 424 � P i 15- Nulla'l' ZaAe Years Owned Land: 3. Location of Property: a. Street: /S- Zoning District k-3 b. Assessors: Map numberLot Number: �f C. Registry of Deeds: Book Number Page Number: 4. Zoning Sections under which the petition for the Variance is made. Jeci `Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request *The above description shall be used for the purpose of theMegall notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage: Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. B. Bio Page 3 of 4 Application fora Q I/4NCE— -c, � . .Zoning Board of Appeals _.. 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking ' Minimum Lot set Back' Sq. Ft. Sq. Ft, Coverage Feet Spaces Front Side A Side B Rear ol c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking ' Minimum Lot set Back' Sq. Ft..,' Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 0�0 d. Required Lot: ('As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side:B Rear 7, a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building' 'Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total a Use of Square feet Floors Sq.feet Building' 'Reference Uses from the Zoning By-Law.State number of units in building. 6. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerks Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The orated 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 riling and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning.Board Rules and Regulations mayresult in ay�d�Jismisssal by the Zoning Bogard of this application as incomplete. SlgnatUreOOL� Type above name (s) here PAGE 4OF4 I' VARIANCE 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Variance must be supported by a 1) Size of plan: Ten (10) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a variance II)One(1) Mylar. from the requirements of MGLA ch. 40A, Sec. 10.4 and III) Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for E requirements shall be clearly identified and factually five(5) ZBA signatures and date indicated on the supported. Each point,A-F individually, is required Mylar. to be addressed with this application. *10 C. *Features To Be Indicated On Plan: A. The particular use proposed for the land or I) Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions, shape 2. zoning district(s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if applicable) sought which do not affect generally the zoning 5. abutters of property, within 300' radius district in which the property is located. 6. locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50' from applicants proposed structure financial or otherwise, which results from literal 7. deed restrictions, easements. enforcement of.the applicable zoning restrictions II) Legend &Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Facts relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and withouVsubstantial 4. Date of Plan detriment to the public good. 5. Title of Plan E. Facts relied upon to support a finding that relief 6. Names addresses and phone numbers of the sought may be given without nullifying or applicant, owner or record, and designer or substantially derogating from the intent or purpose surveyor. of the Ordinance. F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds, and garages, application. shall require only the plan information as indicated with an. asterisks("). In some cases further information may 10..PLAN OF LAND be required Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans 11. APPLICATION FILING FEES must be submitted with this application to the Town A. Notification fees: Applicant shall provide a Clerk's Office and ZBA secretary at least thirty (30) days check or money order to: "Town of North Andover- prior to the public hearing before the Zoning Board of #022-1760-4841" for the cost of first class, certified, appeals. return receipt ($4.42 as of November 2003)x#of all parties in interest identified in MGLA ch. 40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also, the Architect may be required when the application applicant shall supply first class postage stamps involves new construction/conversion/and/or a (currently 37¢)x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four(4) 10 A. Major Projects sets of mailing labels no larger than 1"x2-5/8" (3 copies Major projects are those, which involve one of the for the Legal mailing and one copy for the Decision following whether existing or proposed: mailing). I)five or more parking spaces, C. Administrative fee of$50.00 per application. H) three(3) or more dwelling units, ►► A Variance once granted by the ZBA will lapse 1H) 2000 square feet of building area. in 1 (one)year if not exercised and a new petition Major Projects shall require that in addition to the above must be submitted.4 features, plans must show detailed utilities, soils, and topographic information. Zoning Bylaw Review Form Q ' �* Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 �ALHU5E Phone 978-688-9545 Fax 978-688-9542 Street: v-fivI er G Al Map/Lot: a Applicant: /)') G Request: /a '�a�S' ?�,QR �� cK /2CP/ACr(n e v -'- Date: —a q —a o 0 Al Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning /?-3 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies y= S 3 Lot Area Complies e S 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed e S G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies y S 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 ye 5 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies y 5 D Watershed 3 Coverage Preexisting 1 Not in Watershed yes 4 Insufficient Information 2 In Watershed j Sign N 3 Lot prior to 10/24/94 1 Sign not allowed IA 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 y 2 Parking Complies 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 — Setback Variance Access other than Fronta e Special Permit Parking Variance. Frontage Exception Lot Special Permit Lot Area Variance Common Drivewa S ecial Permit Height Variance Congregate Housing Special Permit Variance for Si n 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 Abut Planned Residential special Permit S ecial Permit for Sign R-6 Density Special Permit Special permit for preexisting Watershed.Special Permit T nonconforming The above review and attached explanation of such is basad 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. Z//lFil �l uilding Department Official SignatApplication Received Application Denied 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: Ite5hteasorts falx z` /2ear_ S��O4-c/L ani o O PGC �J-e c q,U 1 reGfd aS 3. O ",�CecD/ SE sL- A.C � 0p4V (F C-/ 144 da 6/ t e 2 - / / l�N �v I /i-m) S G c-4t0 N � t `�a /L Referred To: Fire Health Police Zoning Board Conservation De artment of Public Works Planning Historical Commission Other Building Department Town of North Andover North Andover, MA 01845 i Re: Request for Variance; Replacement Deck- 15 Nutmeg Lane j To Whom It May Concern: A. The particular use proposed for land or structure: We are requesting a variance on the back set-back dimensional requirement for the purpose of constructing a replacement deck. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the variance is sought which do not affect generally zoning district in which the property is located. We are desirous of building a replacement deck. Our land is long and narrow. The land to the east of our house is for our driveway and garage. The land to the south of our house is abutting our neighbor's driveway and garage. The land to the north of our home is close to 100 feet of wetlands. The land to the west of our house is most suitable for a replacement deck; however it is close to the back-set back requirements. C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. The zoning requirements for the town require a 30 foot rear set-back. Building a replacement deck would encroach upon the rear set-back and allow us to have a 20 foot rear set-back instead of the 30 f,�ot set-back required. Our existing deck already encroaches on that setback by Tfeet. We are requesting the town to grant us an additional 3 feet from the rear set-back. Not allowing us to build our replacement deck would reduce the enjoyment of our property. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. i The west side of the house is relatively hidden from the neighborhood. Our house is separated by a small section of woods on the west of our house, and the deck in that area would have little impact on our neighbor or any other family in our neighborhood. Almost all of the homes in our neighborhood have decks, and our neighbors will find it desirable that our house will be improved to meet the growing neighborhood standards. I E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the zoning bylaw. It is our understanding that the intent of the back set-back requirement is to provide sufficient distance between dwellings in the zoning district. In our case, due to the different back setbacks of our house and the house of our neighbor to the west,the distance between the dwellings is large and fulfills the intent of the back set-back requirement. In addition, the nature of the woods between the houses provides further insulation visual and otherwise which adds to the buffer between the houses. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in the ZBA application. Not applicable i i I i i I Abutter to Abutter( x ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover 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 line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subiect Property: MAP PARCEL Name Address 38 284 David&Michele Pope 15 Nutmeg Lane North Andover,MA 01845 Abutters Properties Map Parcel Name Address 38 22 Steven&Karen Robins 20 Nutmeg Lane North Andover,MA 01845 38 53 Kathleen Reardon 575 Salem Street North Andover,MA 01845 38 59 Michael Carter 595 Salem Street North Andover,MA 01845 38 67 Shirley Jackson 77 Rolling Lane North Andover,MA 01845 38 86 Carol Ryan&Barbara Guernon Tru 575 Salem Street North Andover,MA 01845 38 99 Steven Desandis 598 Salem Street North Andover,MA 01845 38 113 Thomas Blackshaw 59 Bannan Drive North Andover,MA 01845 38 114 Donald Leduc 51 Bannan Drive North Andover,MA 01845 38 277 John Cicon 50 Nutmeg Lane North Andover,MA 01845 38 281 .Mark Alpert 10 Periwinkle Way North Andover,MA 01845 38 282 L Mary Davidson 40 Nutmeg Lane North Andover,MA 01845 38 283 Steven Seide 30 Nutmeg Lane North Andover,MA 01845 38 285 Vdohn Ferguson 33 Nutmeg Lane North Andover,MA 01845 38 286 LThomas Oberdorf 51 Nutmeg Lane North Andover,MA 01845 38 287 veto Ann Cavanuagh 65 Nutmeg Lane North Andover,MA 01845 65 11 Edwin Smith 612 Salem Street North Andover,MA 01845 65 13 Samuel Galvagna 664 Salem Street North Andover,MA 01845 65 44 Vincent Siwicki&Kathleen Foss 634 Salem Street North Andover,MA 01845 65 45 �, loseph.Monahan 644 Salem Street North Andover,MA 01845 65 46 Christine Lundy 654 Salem Street North Andover,MA 01845 65 50 Robert Brudnick 657 Salem Street North Andover,MA 01845 65 51 Everett Aubry 643 Salem Street North Andover,MA 01845 65 52 Joseph Sarcia 61 Abbott Street North Andover,MA 01845 Page 1 of 1 This certifies that the names appearing on the record of the Assessors Office as of. Certified izy .Date-.4/2--7- o I Rom ii �1A,00. i (JI-.S F. C X I ST1 N G I z X JZ P/r 57-I C F \OWJ!p-rb L.`/MER. C..6MPG5I'r1= � WOOD-PoL.`/N.k= K (Z Cc— FC-Y- W/ 1a X y GA LY. a, -ME-0 os b?EN /2/SE2S LAiD ?�RPE�LDICK L/-l1Z To SD'1 STS, ^ LAG .SCiRE.l.JS i FASTenF-D w 1-rN I ` IJ I aYg" PEcK SCBE�r/S � � J Ex, C�r/C. r�IER 2.-,R.xlb SEAM I OVER y X to P/T 76yrs I Sr y�// �"1PS0N /E'D1-Il0 � I _ TIP. DECK RAIL- TU OST .c3ASkE5 ON q i H150Vl; DC-C14.-C14. SL�FP,CF-, � t � --I� P _ l%y SQUARE E3PFLLLSrE,25 d1 Id' xy8 LONG. PItRS li O.C., SG.LLAkF- AT i CAP 2Pt,-, �,Ey ELE7 b07'T-01�\ L/ I 7 7 y SI + 5t'7.E0 � ASSI,�M�S TttE F6LL-oi.JIn1G: t GOntC7LK"7"!= P/E775 I LEDGER. IS AXE AC-Q; Fop SAf4Dy C-j2,A`IFL_ L.Jt`ro A OALI SHEAT-�+rNG 15 Y7-" GDX �i'�ESL PT1vE 13E ttVC Pd2F5S�RE 13AND 50157" t S XEO SpF OF SOOO PSF- DF-SIGP LOAD rOR `�rIS SLAG/riG F06-PHS ARjfA A X A2)b is Sd PS rr 1 Tp7-A L- A x i�)/y = 785 S S F 5000 P5 K , 7855= 3'?a7.3 l k� 96, 167 5F -rgrau-rARY U-OA-D Ly o" J PROP. (1DECK � N367657"E 2176 VARIANCE PLOT PLAN FOR C�11N �w I � 250 , TOP fNO. / n �. N PROPOSED (12'x25') DECK REMN770N / 21.3 40,0 I AREA 2 STORY HOME I DRAIN /// A � n1 15 I E4SEMEN7 21. 1 ) // .�rA 770W o LOCATION: #15 NUTMEG LANE (LOT 14) 0 AREA OWNERS: DAVID S. & MICHELE M. POPE Na LOT 14 0 / /� O _ '�-.,• TELEPHONE NO. 1 (978)-258-4465 51 c,,f 29,379 S.F. ,5i•• G R=127.08 ISOLATED N—p DATE: MAY 10, 2004 WETLAND 41•�� • OR41N / � SCALE: 1 "=40' NU7)WC E EASf�!/ENT ! — C l>>6y OQ `- ZONE- R-3 R-20.00 L E = 77.5± �� L=37.51 A!/N/MUM SETBACKS.• 17sss FRONT = 30' EL.= i.7s 5 S/DE _ 20 172.5± REAR = .TO MIN. LOT AREA = 25,000 S.F. M/N. FRONTAGE = 125' ELEVATION DETAIL AREA OF EXIST. DECK = 47± S.F. TOWN OF NORTH ANDOVER NOT TO SCALE AREA OF EXIST. HOUSE = 1,810± S.F. BOARD OF APPEALS I CERTIFY THAT THE STRUCTURE IS AREA OF PROP. DECK = 300 S.F. C f ----------- LOCATED ON THE GROUND AS SHOWN. LOCUS TOTAL = 2,110± S.F. SALEM S7REET --------------- -0 OF MAs,p�� LOT COVERED BY EXIST. HOUSE ------ `' AND PROPOSED DECK == 7.1% --- PROFESSIONAL LAND SU 0 GREN v DATE: MAY 10, 200 ##33604 Y ---------------- pODBERR �sr APPLICANT --------------- I ST $ --------------- DATE PLAN PREPARED BY STREET �,7° DATE OF FILING o� �Bp1T o HAYES ENGINEERING, INC. srpE-� DATE OF BUIBLIC HEARING 603 SALEM STREET LOCUS MAP O' 20' 40' 80' 120• WAKEFIELD, MASS. SCALE.• 1 "1=800 1 -(781 )-246-2800