HomeMy WebLinkAboutMiscellaneous - 15 NUTMEG LANE 4/30/2018 (2) IS NUTMEG LANE
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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
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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. _
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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.�'
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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
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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
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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
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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—
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. .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
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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
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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
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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