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HomeMy WebLinkAboutMiscellaneous - 17 MABLIN AVENUE 4/30/2018 (5) boy- 00 o ,. I ,r Sol W (Y -I M �dID�!�i�►dBZVN i l ` f � I I IIr I I i 1 + `; 4t� 1 �, �) �I II !} 1' !, L f ! ' I f� ,.� I !� �� ~ ~ ' ^ -- � . ' �� 5 Nb;~th f"OuntV' Registry of Deads, [o00DP Street � Lawrence; Massachusetts 01840 O3/24/O4 | A B�RQN KM � DOC. 11741 �. P. 2O.00 R. # 53 Rec: Type DECN 5O.00 DOC. 1174� C. P. �O.00 iOO.0O 7�.00 # �� c: Type DE�D iC0.00 C. 11744 C. P. 2O.00 ME 0 Total 4OO.00 == C=3 � 56 P�:ment Check 4OO.00 CO �Nk yO11 Thomas J. Burke ♦ f Domenic J.Scalise,Esq. Town of North Andover 89 main'sovecE NoRtH Office of the Zoning Board of Appeals ` .`1ti0L , ? �.:., o N0: AndoV�r+ �d6A Q1 1346 &W,31 Community Development and Services Division � F 27 Charles Street � ; .K; ,r North.Andover, Massachusetts 01845 . S^CLAUSE D. Robert Nicetta Telephone(978)688-9541 Building'Commissioner Fax(978)688-9542 his is to certify that twenty(20)days have elapsed from date of dedslon,filed without filing of an appeal `� Any appeal shall be filed Notice of Decision Datellc%lZsa? �Y- Joyce A.Brdtdsh2W, within(20)days after the Year 2004 town olork date of filing of this notice in-the office of the Town Clerk. Property at: 17 Mablin Avenue NAME: John G.Pirrotta &Joseph A.Pirrotta,Jr. HEARING(S): February 10, 2004 ADDRESS: 17 Mablin Avenue PETITION: 200-002 North Andover,MA 01845TYPING DATE: 2/12/04 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday;the 10'h of February 2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover upon the application of John G.Pirrotta &Joseph A.Pirrotta,Jr.; 17 Mablin Avenue requesting a Variance from Section 7,Paragraph 7.3 &Table 2 for side and rear setbacks;and a Special Permit from Section 9,Paragraphs 9.1 &9.2 of the Zoning Bylaw in order to construct a two car detached garage on a pre-existing,non-conforming lot,"The said premise affected is property with frontage on the North side of Mablin Avenue within the R-4 zoning district. The legal notice was published in the Eagle Tribune on January 26,&February 2,2004. The following members were present: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E. Smith,and Richard D.Byers. .�, Upon a motion by Joseph D. LaGrasse and 2na by John M. Pallone,the Board voted to GRANT a Variance from Sect1'T 7, Paragraph 7.3 and Table 2 for relief of 22.5 from the rear setback and 22.7' from the Northeast side setback='and r` ,,_.,. I Q GRANT a Special Permit from Section 9,Paragraphs 9.1 &9.2 in order to construct a proposed 2 car I stork ietachect- garage onto a pre-existing 25'x25' cement slab on a pre-existing,non-conforming lot per Plan of Land in Noitli Andover,MA. drawn for John G and Joseph A Pirrotta,Jr.,and Daniel B. and Sarah B. Mees,December 18,= 003 by� j Stephen E. Stapinski, RL.S.#29876,Merrimack Engineering Services, 66 Park Street,Andover,Massachus"' ;' 18L and Plan of Proposed Work,Mr. &Mrs.Joseph Pirrotta, 17 Mablin Ave. [by]Payette Construction Co., 1110 Methupp, Street,Dracut,Massachusetts 01826 [3 pages]on the following conditions: �, cn 1. The 2 car 1 story detached garage roof peak will be no higher from the ground than 19'. Voting in favor: Walter F. Soule,John M.Pallone,Joseph D. LaGrasse, and Joe E.Smith. Voting against: Ellen P. McIntyre. The Board finds that the applicants have provided the Board with the remedy,the signed statement of Daniel B.and C? Sarah B. Mees dated January 28,2004 for the land swap conveyance, for the 047-98 Variance decision granted 12/8/9$- Cp which depended on a mistaken rear lot line. The Board is now satisfied that the provisions of Section 10,paragraph t$:4 O of the Zoning Bylaw allowing the granting of this Variance will not adversely affect the neighborhood or derogate fr& Y n 17W'the intent and purpose of the Zoning Bylaw, and satisfy the provisions of Section 9,Paragraph 9.2 of the Zoning Byla1 I @:D that such change,extension, or alteration shall not be substantially more detrimental than the existing structure to the Dn Rffl neighborhood, as stated in the applicant's in-favor form letters signed by seven abutters. I C=) Cn AIT ES i': Page I of 2 - A True Copy `PowL Clerl, Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 `l , Town of North Andover t „°RT►, Office of the Zoning Board of Appeals 0? Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 "ss""°'`nth ACNUS� 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 maybe re-established only after notice,and anew 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 anew hearing. . I Town of North Andover Board of Appeals, Walter F. Soule,Acting Chairman Decision 2004-002. MI T37. Page 2 of 2 iBoard of Appeals 978-688-9541 Building 978-688-9545 conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 i r i i ESQ No !H REG RY F DSDS l� L,kwRsNcf ,, MASS. A TRUE COPY, ATTEST: p r I i 16TKR OF t � t Town of North Andover t %4°RT01 , Office of the Zoning Board of Appeals �? •y' °°� Community Development and Services Division 27 Charles Street ,s North Andover, Massachusetts 01845 S 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. Property at: 17 Mablin Avenue NAME: John G.Pirrotta&Joseph A.Pirrotta,Jr. HEARING(S): February 10,2004 ADDRESS: 17 Mablin Avenue PETITION: 200-002 North Andover,MA 01845 TYPING DATE: 2/12/04 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,the 10`h of February 2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover upon the application of John G.Pirrotta&Joseph A.Pirrotta,Jr., 17 Mablin Avenue requesting a Variance from Section 7,Paragraph 7.3&Table 2 for side and rear setbacks;and a Special Permit from Section 9,Paragraphs 9.1 &9.2 of the Zoning Bylaw in order to construct a two car detached garage on a pre-existing,non-conforming lot.The said premise affected is property with frontage on the North side of Mablin Avenue within the R-4 zoning district.The legal notice was published in the Eagle Tribune on January 26,&February 2,2004. The following members were present: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,Joe E. Smith,and Richard D.Byers. j Upon a motion by Joseph D.LaGrasse and 2nd by John M. Pallone,the Board voted to GRANT a Variance from Section 7,Paragraph 7.3 and Table 2 for relief of 22.5 from the rear setback and 22.7' from the Northeast side setback;and i GRANT a Special Permit from Section 9,Paragraphs 9.1 &9.2 in order to construct a proposed 2 car 1 story detached garage onto a pre-existing 25'x25' cement slab on a pre-existing,non-conforming lot per Plan of Land in North Andover,MA.drawn for John G and Joseph A Pirrotta,Jr.,and Daniel B.and Sarah B.Mees,December 18,2003 by Stephen E. Stapinski,R.L.S. #29876,Merrimack Engineering Services,66 Park Street,Andover,Massachusetts 01810; and Plan of Proposed Work,Mr.&Mrs.Joseph Pirrotta, 17 Mablin Ave. [by]Payette Construction Co., 1110 Methuen Street,Dracut,Massachusetts 01826 [3 pages] on the following conditions: 1. The 2 car 1 story detached garage roof peak will be no higher from the ground than 19'. Voting in favor:Walter F. Soule,John M.Pallone,Joseph D.LaGrasse,and Joe E.Smith. Voting against: Ellen P. McIntyre. The Board finds that the applicants have provided the Board with the remedy,the signed statement of Daniel B.and Sarah B. Mees dated January 28,2004 for the land swap conveyance,for the 047-98 Variance decision granted 12/8/98 which depended on a mistaken rear lot line. The Board is now satisfied that the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw allowing the granting of this Variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw,and satisfy the provisions of Section 9,Paragraph 9.2 of the Zoning Bylaw that such change,extension,or alteration shall not be substantially more detrimental than the existing structure to the neighborhood,as stated in the applicant's in-favor form letters signed by seven abutters. Page 1 of 2 C.i 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 Andover Of NORTH , <.�•� i.,do Office of the Zoning Board of Appeals 0a Community Development and Services Division 27 Charles Street '" +,ok1i•o , ' North Andover,Massachusetts 01845 'ss„CNas�t 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, Walter F. Soule,Acting Chairman Decision 2004-002. M11P37. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Na oT►, Office of the Zoning Board of Appeals �? •` r_ p Community Development and Services Division s 27 Charles Street °°ono North Andover,Massachusetts 01845 CH„sEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover, MA on Tuesday the I Oh of February, 2004 at 7:30 PM to all parties interested in the appeal of John G. Pirrotta& Joseph A. Pirrotta, 17 Mablin Avenue requesting a Variance from Section 7, Paragraph 7.3 &Table 2.for side and rear setbacks; and a Special Permit from Section 9,Paragraphs 9.1 & 9.2 of the Zoning Bylaw in order to construct a two car detached garage on a pre-existing, non- conforming.lot. The said premise affected is property with frontage on the North side of Mablin Avenue within the R-4 zoning district. e 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 January 26, &February 2, 2004. C71) c. Legalnotice 2004-002 - M11P37 c F,I AI m iv.5-5j 9�< n�'a ° acv n2L�n�o��m ma W T o <- D w Z @tf1 rv� °zcOCL o�'O �w�° oy�°°'m�`DNti� .� Qnj7o�°o�?��?ID °>0m0 Nw °c SN yt0 N m s-o CL X o o� °�CD M o m°' `�sm O �� L,J oc =a `�-I~ D' `D�°N m°��°3.�0 m°'-a';m o� �.m�;p=D rg AW Nmm O� TCm(D TW0-0 .-.E5.6.2 N3°.O ��Dr G 2 Sas oyDmwo N�3on Quin co waia3.0 -4 (DrpomTo3om�DZO rn0�—a 6a mow. o°��� °w c Wym m AOS m c --4�Dom°°p°6�0� 3(nDm ow�- 3 m w ?.D° O i'v 2 QO��w-i0»Em o;w 5r° (n0 <'<(j 7:rO CD m4'=°oo D�0Z,CD cnmz ° °�W°T.om'6o`�°'v�� °ogCD-°-anmm � C mww7 °411 N30 LI NC 'y' 7° -'O cDN .� DSm 4ip(D .� ,°(D y. O3`<SVN (D37fD 303 - '�N SD3 7"O --' A 7 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 No.: %inµ tea, Date Of NORTH q TOWN OF NORTH ANDOVER ' A BUILDING DEPARTMENT n e' ITS �c Building/Frame Permit Fee $ ACHUS Foundation Permit Fee $ Other Permit Fee $ /37�' �- Of(, &Va -(76� 'y 1 Building�spe�,or zBA 18 0 Date J.'".L-.?r.. OF NORTy.�, a�•' �''�°�� TOWN OF NORTH ANDOVER o m RECEIPT �. `SgCHUs� I 1 This certifies that .......S.C.,-,71I I . has paid. ... , . ... .C/............... 1 ....� ..v�. .�--�............. for... ....... ..........4<.. .. . ........................ Received by...../ ..,.�!._f.�� �.: . !:.?!..................................................... Department.......�.... ,! ................................................................... WHITE: Applicant CANARY:Department PINK:Treasurer TOWN OF NORTH ANDOVER SPECIAL PERMIT 3= y� oRTy�e Of t�ao q-y ZONING BOARD OF APPEALS NAME ,q 9SS'CHUSES 1. ADDRESS OF APPEAL Procedure & Requirements fir an Application for a Special � t-' Permit M Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING ANDS'' submitted thirty (30) days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cost of the Party in Interest fee. petitioner will complete items that are underlined. STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Permit Denial form completed by the Codes of the Zoning Board of Appeals and delivers the legal Administrator. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM: STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf, or be as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has otherwise receive. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest Any appeal of the Board's The petitioner requests from the Assessors Office a decision may be made pursuant to Massachusetts certified list of Parties in Interest(abutters). General Law ch. 40A see. 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one(1)original and 10 Xerox copies STEP 10: RECORDING CERTIFICATE OF DECISION of all the required information to the Town Clerk's Office PLANS• to be certified by the Town Clerk with the time and date The petitioner is responsible for recording certification of of filing. Th g e original will be left at the Town Clerks the decision and an accompanyingtans at the E 9ssex Y P Office, and the 10 Xerox copies will be left with the County North Registry of Deeds, 381 Common St. Zoning Board of Appeals secretary. Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of 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:-9566 Assessor's Office 978-688-9542 fax for Community Development offices 978-688-9545 Building Department i 978-688-9541 Zoning Appeals Board of A als Office U PAGE 1 of 4 PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a *10. B. *Plan Specifications: legibly written or typed memorandum setting forth in I) Size of plan: Ten (10 ) paper copies of a plan not detail all facts relied upon. When requesting a Special to exceed 11"x17", preferred scale of 1"=40' Permit from the requirements of MGLA ch. 40A, and the II) One(1) Mylar. North Andover Zoning By-laws, all dimensional III) Plan prepared by a Registered Professional requirements shall be clearly identified and factually Engineer and/or Land Surveyor, with a block for supported. Each point, 1-6 individually, is required five(5)ZBA signatures and date indicated on the to be addressed with this application. Mylar. *10 C. *Features To Be Included On Plan: r . use proposed for the land or structure.1. The particular u p po n Site Orientation shall include: 2. The specific site is an appropriate location for such 1. north point use, structure or condition. 2. zoning district (s) 3. There will be no nuisance or serious hazard to 3. names of streets vehicles or pedestrians. 4. wetlands(if applicable) 4. Adequate and appropriate facilities will be provided 5. abutters of property, within 300' radius for the proper operation of the proposed use. 6. locations of buildings on adjacent properties S. The use is in harmony with the purpose and intent of t within 50'from applicants proposed structure Zoning Bylaw_ 7. deed restrictions, easements. 6. Specific reference and response to the criteria II)Legend&Graphic Aids: required by the particular Special Permit for which 1. Proposed features in solid lines&outlined in red this application is made(i.e. the Earth Removal 2. Existing features to be removed.-in dashed lines Special Permit has unique criteria and submittal 3. Graphic Scales requirements.). 4. Date of Plan 5. Title of Plan 10. PLAN OF LAND 6. Names addresses and phone numbers of the Each application to the Zoning Board of Appeals shall applicant, owner or record, and designer or be accompanied by the following described plan. Plans surveyor. must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days 10 D. Minor Projects prior to the public hearing before the Zoning Board of Minor projects,such as decks, sheds, and garages, appeals. shall require only the plan information as indicated with an. asterisks(*). In some cases further information may A set of building elevation plans may be required be required when the application involves new construction/conversion/and/or a proposed change 11. APPLICATION FILING FEES in use. A. Notification fees:Applicant shall provide a check or money order to: "Town of North Andover- 10 A. Major Projects #022-1760-4841"for the cost of first class, certified, Major projects are those which involve one of the return receipt($4.42 as of November 2003)x#of all following whether existing or proposed: parties in interest identified in MGLA ch. 40A§11 on the I) five or more parking spaces, abutter's list for the legal notice check. Also, the II) three(3) or more dwelling units, applicant shall supply first class postage stamps III) 2000 square feet of building area. (currently 37¢)x the#of parties of interest on the abutter's list for the decision mailing. Major Projects shall require that in addition to the above B. Mailing labels: Applicant shall provide four(4) features, plans must show detailed utilities, soils, and sets of mailing labels no larger than 1"x2-5/8" (3 copies for the Legal mailing and one copy for the Decision topographic information. mailing). C. Administrative fee of$50.00 per application. Pp-►►► A Special Permit once granted by the ZBA will lapse in 2(two)years if not exercised and a new petition must be submitted. A-4 PAGE 2 OF 4 Date & Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: a : John G. Pirrotta and Joseph A. Pirrotta, Jr. 17 Mablin Avenue, North Andover, MA 01845 978-794-0224 i *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: John G. Pirrotta and Joseph A. Pirrotta,ta, .Tr_ 17 Mablin Avenue, North Andover, MA 01845 978-794-0224 Years Owned Land: 1.5 years 3. Location of Property: a. Street: 17 Mablin Avenue Zoning District R-4 b. Assessors: Map number 11 Lot Number: 37 c. Registry of Deeds: Book Number 6964 Page Number: 260 4. By-L-aw Sections under which the.petition for the Special Permit is made. Section 9, Paragraph 9.1 and 9.2 *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: Applicants seek to construct a detached two cararae on their residential g Q property. The zoning by-law requires a residential lot in an R-4 district contain 12,500 square feet. The L=I icant's lot contains 1n,000 square feet The present residence is a pre-existing, non-conforming structure *The above description shall be used for 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 of this application. i �i i Page 3 of 4 r e �ppllcatron fora PECI,AL PERMIT .,...-; .. ,.,;..... ....s.:. ..:'.�;H-' ,„..rj4 _._f u......:- .fir. � x�..-.... '.-G L...� .� -t•�r� , t ; t NORTH ANDOVER ZON{NC BOARD OP 6.a APPEALS Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. a Sq. Ft. Coverage Feet Spacescr.,n+ RAP Q c;A„ o po„ % 100 -- ' b. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet _ Spaces Front P Side A Side B Rear fir---� % c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft Sq. Ft Coverage Feet Spaces Front Side A Side B Rear ' a 12,500ft -- -- % 100 -- 30ft 20ft 15ft 30ft T. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet!, Building* of Units *Reference Use Code numbers and Uses from the Zoning By-Law. Slate number of units �n bu�ldmg. B. Proposed Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units 500 1 500 Residential Garage *Reference Use Code numbers and Uses from the Zoning.Ordinance. State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Cleric'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 Regulations may result in a dismissal by t e Zoning Board of is application as incomplete. Si nature Type above name s here 6�OFtTPp 9 `/�°"eC:•.w Zoning Bylaw Review Form Gkrr o o , Y; Town Of North Andover Building Department scSg p ��y� 27 Charles St. North Andover MA. 0 845 Phone 978-688-9545 Fax 978-688-9542 Street:. In- U.� . Map/Lot: // r7 Applicant: -:Zl o h.-�- J—) n r o Request: a.sxaS �e�-atc a � e,J er�s+�,^- /=v�,•cPa��v%' Dater Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning �h- Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage e S 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 3 Preexisting CBA 5 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum — 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height y e 5 4 Right Side Insufficient 4 Insufficient Information 5 , Rear Insufficient Li e- S I Building Coverage 6 Preexisting setback(s) 1 1 Coverage exceeds maximum 7 Insufficient Information 2 1 Coverage Complies D Watershed 3 Coverage Preexisting e 5 1 Not in Watershed Lj r- S 4 Insufficient Information 2 In Watershed j Sign JV/A- 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 1 Insufficient Information E Historic District K Parking N A 1 In District review required 1 More Parking Required 2 Not in district H^QS 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item # I 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 Inde endent Elderly Housin Special Permit Special Permit Non-Conforming Use ZBA ar a Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Develo ment 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. ilding Department Official Signa.use Application 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: #1'WF,W���r r �,✓ 1$ d� 2M1Sxt"�"�� s+s L"S- di § ����fi�j�r'iaN�.3 41 �{���gr;�` �v, x- ��`G+�Fga� �r 7 h,'S 1:.�r d�'ed ��� r+f��a1 �� .., 14 /o / / SC C-1 0 ti i o2 J P �,,4 fe S a c A-- ,e A-> Ccpa a r-\-a y-c— S�� z (� 17e C_ *L m47—ot jPA s L�� S le E:-71 Referred To: Fire Health Police Zoning Board Conservation De artment of Public Works Planning Historical Commission Other Building Department MEMORANDUM The Applicants seek to obtain: 1. A Special Permit for a pre-existing, non-conforming structure, because their lot area is less than the required amount, and 2. Variances for the side and rear setbacks for the proposed garage, in order to construct a detached two stall wood garage. At a public hearing on December 8, 1998, the Zoning Board of Appeals allowed the Applicant's parent's request for variances in order to construct a two stall garage at the same location (see copy). Subsequently, the Petitioners became aware of a discrepancy in the rear lot line of their property which resulted in the proposed garage being on the rear lot line with no setback. After much negotiating with the neighbors, the parties have agreed to a land swap which will provide the Applicants with 7.5 feet of setback to the rear of the garage. l Desirable relief may be granted by the Zoning Board of Appeals without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning by-laws. The addition of the proposed two stall garage shall not be substantially more detrimental than the existing non-conforming use to the neighborhood. f NORTH 1 •. a REC r% A i(ME GRAD.-MAW AW POW TOWN CLERK " NORTH ANDOVER ��Ss�cHus� 'Ir( ^ f'i t qp TOWN OF NORTH ANDOVER ;ata cortify fh�t hvenh;(^'� �tig - chFsed I=date of de;(s:on;� filed MASSACHUSETTS c;ithout filing of an appeal. Date 9 ATdI09P.. Jcyc -Bradshaw BOARD OF APPEALS A'AmeCap;7 Town Clerk 'lb�vab C�•�:s� .. Any appeal shall be filed within 1201 days after the NOTICE OF DECISION date of filing of this Notice Property: 17 Mablin Avenue In the Office of the Town Clerk. NAME: Joseph Pirrotta DATE: 12/9/98 ADDRESS: 17 Mablin Ave. PETITION: 047-98 North Andover, MA 01845 HEARING: 12/8/98 The Board of Appeals held a regular meeting on Tuesday evening, December 8, 1998 upon the application of Joseph Pirrotta, 17 Mablin Ave., North Andover, MA, requesting a Variance from the requirements of Section 7, Paragraph 7.1 &7.3, of Table 2, within the R4 Zoning district, for relief of front, side and rear setbacks, to construct a 2 car garage, on a pre-existing non-conforming lot. The following members were present: William J. Sullivan, Walter F. Soule, John Pallone, Scott Karpinski. The hearing was advertised in the Lawrence Tribune on 11/24/98&21/1/98 and all abutters were notified by regular mail. Upon a motion made by John Pallone and seconded by Scott Karpinski, the Board of Appeals voted to GRANT a Variance requested from the requirements of Section 7, Paragraph 7.1 &7.3 for relief of front setback from the house of 4.3 feet, relief of side setback from the proposed garage of 9.3 feet, relief of rear-setback from the proposed garage of 12 feet, on the condition that there be no commercial use of the proposed garage and that the garage should be used for only light or minor automobile repair work and that there be allowed only electrical utilities, in accordance with the plan of land dated 9/17/98 as prepared by Stephen E. Stapinski, R.L.S., Registered Land Surveyor, Merrimack Engineering Services, 66 Park St., Andover, MA 01810. Voting in favor:William J. Sullivan,Walter F. Soule, John Pallone, Scott Karpinski. The petitioner has satisfied the provision of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Note: The granting of the Variance and/or Special Permit 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 and building codes and regulations, prior to the issuance of a building permit as requested by the Building Commission. BOARD OF AP S William J. Sulli an, Chairman Zoning Board o Appeals /decoct/11 Jan 08 04 04: 37p JOHN G. PIRROTTR, CPR (978) 794-1731 p. 2 E,K 6964 RU '260 }� QUITCLAIM DEED Vile, Joseph A. Pirrotta, Sr. and ejrace J. Pirrotta, both of 17 Mablin Avenue, North Andover, Massachusetts, for nominal consideration of less than One Hundred Dollars paid, grant to Joseph A. Pirrotta, Jr. of 3 Harry Street, Winslow, Maine, and John G. Pirrotta, of 17 Mablin Avenue, North Andover, Essex Comity, Massachusetts, as Joint Tenants with right of survivorship, with QUITCLAIM COVENANTS The land in North Andover, Essex County, Massachusetts, being lots numbered two hundred two (202) and two hundred three (203) as shown on plan of"Waverly West Park" now recorded with North Essex District Registry of Deeds, as Plan No. 463, to which plan reference is hereby made for a more particular description,of said lots. Subject to all restrictions and conditions of record insofar as the same are still in force and effect. Reserving to Joseph A. Pirrotta, Sr. and Grace J. Pirrotta a life estate in the above premises during the remainder of their lifetimes, during which time, Joseph A. Pirrotta, Sr. and Grace J. Pirrotta shall have the right to occupy the premises, to lease, let or license the same, and shall be entitled to all rents, fees or profits generated fi-om said life estate, but without the right to kr"� partition. During the said Joseph A. Pirrotta, Sr.'s and Grace J. Pirrotta's lives, they shall bear the.cost of all insurance, maintenance, fees, charges and expenses relating to the premises and they shall pay all taxes assessed or imposed with respect thereto, and all principal and ::merest on any mortgages thereon. Specifically excluded from the within conveyance i;1. the grantees' right to petition the Court for partition of the subject premises as long as Joseph A. Pirrotta, Sr. and Grace J. Pir Ata continue to occupy the property or retain a life estate therein. For Grantor's Title, see Deed of Salvatore Alaimo and Julia Alaimo dated July 16, 1965 and recordedwith the Essex North.District Registry of Deeds in Book 1038,Page 448. hL }L �V Q 4 Jan 00 04 04: 37p JOHN G. PIRROTTR, CPR (970) 794-1731 p. 3 BK' 6,964 PG Zb Y o ,2002. instniment this �" da f Jul E.. .�.trtcd as a sealed Y \Nit ess osep A.Pirrotta, r. Witness Grace I Pirrotta COMMONWEALTH OF MASSACHUSETTS �aa Essex,ss. July L0 ,2002 Then personally appeared the above named Joseph A. Pirrotta, Sr. and Grace J. Pirrotta and acknowledged the foregoing instrument to be their free act and deed,before me, Notary Public My commission expires: 1/22/2004 3:26 PM FROM: Dalton Baron.Dalton _Baron TO: 1 978 4755662 PAGE:.002 OF 002 r We, Daniel B. Mees and Sarah B. Mees, both of 339 Waverly Road, North Andover, c . Massachusetts, hereby authorize Joseph A Pirrotta, Sr., Grace J. Pirrotta, John G. Pirrotta, and Joseph A. Pirrotta Jr., owners of 17 Mablin Avenue, North Andover, Massachusetts, to act as our agent in preparing, submitting, and executing any and all applications, permits, or documents required by the Town of North Andover in furtherance of the land swap conveyance and all matters affecting our property as shown on the Plan of Land in North Andover, Massachusetts drawn for Joseph Pirrotta submitted alon with applications dated on or about January 15 2004. Dated on January g 2004 0/he ees a., Mees l" s• i L a J - January 10 2004 Zoning Board of Appeals 146 Main Street North An , dover Massachusetts 01845 To Whom It May Concern, Mr. John Pirrotta of 17 Mablin Avenue, North Andover recently approached me to inform me of his need to make further application with the Zoning Board for a modification of the granted variance. Mr. Pirrotta explained the history of the dilemma starting with the fact that he received a deed with an incorrect description when the property was purchased back in the 19601s. I am writing in favor of building the garage. I support the construction of the garage at its present location regardless of the exact location of lot lines or setbacks. Additionally, after reviewing the attached drawings and dimensions, I continue my support for the construction of the garage as represented by these drawings. i I would ask that the Board take whatever action it deems appropriate to allow Mr. Pirrotta and his family to continue the construct ' n o the garage on the installed foundation. Sincere y,,, 339 Waverly Road North Andover, Massachusetts 01845 J January 10, 2004 Zoning Board of Appeals 146 Main Street North Andover, Massachusetts 01845 To Whom It May Concern, I Mr. John Pirrotta of 17 Mablin Avenue, North Andover recently approached me to inform me of his need to make further application with the Zoning Board for a modification of the granted variance. Mr. Pirrotta explained the history of the dilemma starting with the fact that he received a deed with an incorrect description' when the property was purchased back in the 19601s. I am writing in favor of building the garage. I support the construction of the garage at its present location regardless of the exact location of lot lines or setbacks . Additionally, after reviewing the attached drawings and dimensions, I continue my support for the construction of the garage as represented by these drawings. I would ask that the Board take whatever action it deems appropriate to allow Mr. Pirrotta and his family to continue the construction of the garage on the installed foundation. Sin c y, 339 Waverly Road North Andover, Massachusetts 01845 y January 10, 2004 Zoning Board of Appeals 146 Main Street North Andover, Massachusetts 01845, To Whom It May Concern, Mr. John Pirrotta of 17 Mablin Avenue, North Andover recently approached me to inform me of his need to make further application with the Zoning Board for a modification of the granted variance. Mr. Pirrotta explained the history of the dilemma starting with the fact that he received a deed with an incorrect description when the property was purchased back in the 1960' s. n As you know, I wrote in favor of the building of the garage when it was first brought to my attention. I remain supportive of the continued construction of the garage at its present location regardless of the exact location of lot lines or setbacks . Additionally, after reviewing the attached drawings and dimensions, I continue my support for the construction of the garage as represented by these drawings . I would ask that the Board take whatever action it deems appropriate to allow Mr. Pirrotta and his family to continue the construction of the garage on the installed foundation. Sincerely, 349 Waverly Road North Andover, Massachusetts 01845 t January 10, 2004 Zoning PP Board of Appeals 146 Main Street North Andover, Massachusetts 01845 To Whom It May Concern, Mr. John Pirrotta of 17 Mablin Avenue, North Andover recently approached me to inform me of his need to make further application with the Zoning Board for a modification of the granted variance. Mr. Pirrotta explained the history of the dilemma starting with the fact that he received a deed with an incorrect description when thero ert Y was purchased back in the 1960' s. P P As you know, I wrote in favor of the building of the garage when it was first brought to my attention. I remain supportive of the continued construction of theP ara a at its resent location g g regardless of the exact location of lot lines or setbacks. Additionally, after reviewing the attached drawings and dimensions, I continue my support for the construction of the garage as represented by these drawings. I would ask that the Board take whatever action it deems appropriate to allow Mr. Pirrotta and his family to continue the construction of the garage on the installed foundation. Sin cer'aly, 14 Mablin Avenue North Andover, Massachusetts 01845 January 10, 2004 Zoning Board of Appeals 146 Main Street North Andover, Massachusetts 01845 To Whom It May Concern, Mr. John -Pirrotta of 17 Mablin Avenue, North Andover recently approached me to inform me of his need to make further application with the Zoning Board for a modification of the granted variance. Mr. Pirrotta explained the history of the dilemma starting with the fact that he received a deed with an incorrect description when the property was purchased back in the 1960's. As you know, I wrote in favor of the building of the garage when it was first brought to my attention. I remain supportive of the continued construction of the garage at its present location regardless of the exact location of lot lines or setbacks. Additionally, after reviewing the attached drawings and dimensions, I continue my support for the construction of the garage as represented by these drawings . I would ask that the Board take whatever action it deems appropriate to allow Mr. Pirrotta and his family to continue the construction of the garage on the installed foundation. Sincerely, l-- 1 14 Mablin Avenue North Andover, Massachusetts 01845 j w January 10, 2004 Zoning Board of Appeals 146 Main Street North Andover, Massachusetts 01845 To Whom It May Concern, Mr. John Pirrotta of 17 Mablin Avenue, North Andover recently approached me to inform me of his need to make further application with the Zoning Board for a modification of the granted variance. Mr. Pirrotta explained the history of the dilemma starting with the fact that he received a deed with an incorrect description when the property was purchased back in the 1960's. As you know, I wrote in favor of the building of the garage when it was first brought to my attention. I remain supportive of the continued construction of the garage at its present location regardless of the exact location of lot lines or setbacks . Additionally, after reviewing the attached drawings and dimensions, I continue my support for the construction of the garage as represented by these drawings . I would ask that the Board take whatever action it deems appropriate to allow Mr. Pirrotta and his family to continue the construction of the garage on the installed foundation. Sincerely, 20 Mablin Avenue North Andover, Massachusetts 01845 i January 10, 2004 Zoning Board of Appeals 146 Main Street North Andover, Massachusetts 01845 To Whom It May Concern, Mr. John Pirrotta of 17 Mablin Avenue, North Andover recently approached me to inform me of his need to make further application with the Zoning Board for a modification of the granted variance. Mr. Pirrotta explained the history of the dilemma starting with the fact that he received a deed with an incorrect description when the property was purchased back in the 1960's. As you know, I wrote in favor of the building of the garage when it was first brought to my attention. I remain supportive of the continued construction of the garage at its present location regardless of the exact location of lot lines or setbacks . Additionally, after reviewing the attached drawings and t uction of the continue m support r dimensions, I con y pport for the cons garage as represented by these drawings. I would ask that the Board take whatever action it deems appropriate to allow Mr. Pirrotta and his family to continue the construction of the garage on the installed foundation. Sincerely, 20 Mablin Avenue North Andover, Massachusetts 01845 PAY�TiE COVISTIMACMU CO. 1�oe m !t A&dd�of OU&cdM 1 'oM4) P SeemACMUEM018MPYRAN OF PROPOSED WORK 1A Q 4- 4• !� L L 19 ALD WA r 1FQ.Sitwz alL 3i' Ir 4111E DC AAA. I —� y A' y i 8� ArfiC �EA�D � z U i f . i +e Z.o� AU mc Proposed addition to home of: CROSS SECTION/FRANUNG PLAN OF PROPOSED WORK Mr. & Mrs, Joseph Pirrotta 17 Mablin Ave No. Andover, MA S'LALE '�"c 1-�" CauTiNunus e;d6E VENT F:�oE2GLAsSSkiNyIPS IV��/S�Err � 5�1° L Z en t, 9t�lwoed lPl.yulr� LJh'QS r2' fit r-AAroU FAL?ueED �LES WAtEP�FFLr<ld• 36° ,1z' Cb X n.Y Li0 trrJE,c R-38 Q3kvr - ,vluL. s C,ar N u ou.s Sa Sf•r u�.•.r a 2x & Z " �31m, &P-Aju. par i Q-21 Garr LuSuLar6 n.v r-- �'t N ALL IV4LB 90r B' d i/Ef A£AD —_ z1z?.L PrSALks 12rL AT, S;11 PAYETTE CONSTRUCTION CO. Z�' R E TA�rJ 1110 METIIUEN ST DRACUT, MA 01826 �� R[� NC W ALL.L (978) 454-S223 (978) 457-0939 FAX I b Pb tl t� Q�,wC. ' E:CC-TZ. 17elvtwAy ELEVA-fi.N t..o'a lo`Pcu�td CeNc.� , z5'-D' Proposed addition to home of. PLAN VIEW OF PROPOSED WORK Mr. &Mrs. Joseph Pirrotta 17 Mablin Ave I y IX Q 24' 6 No.Andover, MA to''.3ese ho. Pbu¢a L a[1NL(Lltf IFaur%aZA,*fW! SLdLt: : ��" ?��" zn"t to' 3deG1b I�nu2rb SHCAtKtrsb �F-lldu[tLat? �oe�Nts W:,� (2.dD.datL NDtES� 1 saiN,&Lr-s (D A LL Sid;N 6 7a hroc L. I W',r)+- TVvF-k Ott-C&AW. Q 6ARirG� To bz )IEAYEL) I G" Educed L*"Dpjc ax-rr Flom w) 0 Ee--t lE;L 34eA'r NO MtE t- Fij C1bF 2 M&A W AN L6'fAAAi.'rFD GQAVEL 15—0, I I i � PeEFAbei[R1ED f wuel Te�GtIS� I L4 o 0.1- 61 a PL,/- woad. - uhlw+f N 6 wl Ql;PS• Is tic . z°6e I � Ftlt- � K.GSNrNsles 11 PI Y woDaL PAYEM CONSTRUCTION CO. Z41 iu%LL , a 11 10 METHUEN ST fox e 9 l! DRACUT, MA 01826 ; -i-- OVER NEAR Di e I 0 VE12 MCAD POO P— (978) .(978)454-5223 E�;t�'v 104LY WAY i I (978)453-0829 FAX __- _ rv!LrV !Zy / I {ANO SZp Og {—O E�:S7'G IllEitMY -th 2lMAmIq R,twrr1iNL WALL- ! et NiPcI N Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listina REQUIREMENT: MGt_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." Subject Property: MAP PARCEL Name Address 11 37 Joseph Pirrotta 17 Mablin Avenue No Andover, MA 01845 Abutters Properties Map Parcel Name Address 11 11 Dennis Moran t/21 Jetwood Street No Andover, MA 01845 11 20 Peter J. Salemi \/45 Mablin Avenue No Andover, MA 01845 11 24 Dann Nicolosi J 16 Jetwood Street No Andover, MA 01845 11 25 Branco Realty Trust ✓ 78 Cross Street Andover, MA 01810 11 26 Charles Maniace 35 Mablin Avenue No Andover, MA 01845 11 30-0001 Raymond Wood / 56 Jetwood Street U-1 No Andover, MA 01845, 11 30-0002 Kam Hei X/ 58 Jetwood Street U-2 No Andover, MA 01845 11 31 Wendy Reed v'050 Jetwood Street No Andover, MA 01845 11 32 Howaniec One Trust V38 Mablin Avenue No Andover, MA 01845 11 33 Santina Failla 29 Mablin Avenue No Andover, MA 01845 11 34 James Norwood 241 Mass Ave No Andover, MA 01845 11 36 Jessie Furneaux 333 Waverley Road No Andover, MA 01845 11 38 Bellia Realty Trust „1jAIA 30 Mablin Avenue No Andover, MA 01845"Vopr) 11 39 John Routhier 43 Jetwood Street No Andover, MA 01845 11 40 Jamie Dixon I/ 315 Greene Street No Andover, MA 01845 ``��tTwPi) 11 41 Jin Chang Kim �/307 Greene Street No Andover, MA 01845 11 42 Marguerite Sarson 361 Waverley Road No Andover, MA 01845 11 43 David Shultis �/14 Mablin Avenue No Andover, MA 01845 11 44 Annie Roberts 349 Waverley Road No Andover, MA 01845 11 45 Claire Grady ✓ 255 Mass Ave No Andover, MA 01845 11 47 Thomas Mendes ✓ 330 Waverley Road No Andover, MA 01845 11 49 Joseph Bishop ✓ 334 Waverley Road No Andover, MA 01845 11 50 Raymond Maclean ✓ 340-342 Waverley Rd No Andover, MA 01845 11 51 Robert Levy ✓� e y 344-346 Waverley Rd No Andover, MA 01845 11 52 Arthur Allen ✓ 369 Waverley Road No Andover, MA 01845 11 53 Mary Gennaro v 354 Waverley Road No Andover, MA 01845 r— Date t Z( Q� Date / D Page f of Z Board Asses o North Andover Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) i Town of North Andover Abutters Listina REQUIREMENTMGL 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 i 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." I Subject Pro nertv• MAP PARCE Name Address 11 37 Joseph Pirrotta 17 Mablin Avenue No Andover, MA 01845 Abutters Properties FO ) C -d i, Map Parcel Name Addres 11 55 Donna Morrissey ✓ 360 Waverley Road No Andover, MA 01845 11 56 Robert Dixon rt+U Y14 315 Greene Street No Andover, MA 01845 1/ �Ynt• 11 57 Paula Hoyt v 368 Waverley Road No Andover, MA 01845 11 61, Daniel Mees ,� 339 Waverley Road Andover, MAO 1810 11 63 Robert Hajjar ✓ 20 Mablin Avenue No Andover, MA 01845 11 64 •Satin F i .✓ a a Ila 29 Mablin Avenue No Andover; MA 01845 Date //L/D�. Page Z of 2ifiedj Board f A.sse3 North And] ver I t% RTIy TOWN OF NORTH ANDOVER VARIANCE Of 0 27 11= ZONING BOARD OF APPEALS NAME: C_L�. ADDRESS OF APPEAL: "A �,r- >.y 1 Procedure & Requirements for an Application for a Variance N 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 r Bo f Board 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 supersede them. The petitioner will complete items cost of the Party in Interest fee. that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO 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 b an agent or attorney. In the absence of P Y 9 Y 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 Assessors Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE I of 4 I' _ CCC . PAGE 4OF4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Variance must be supported by a I) 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 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 In 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 without substantial 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. 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 _ash application to the Zoning Board of Appeals shall )e accompanied by the following described plan. Plans 11. APPLICATION FILING FEES nust be submitted with this application to the Town A. Notification fees: Applicant shall provide a ;lerk's Office and ZBA secretary at least thirty (30) days check or money order to: "Town of North Andover- 1rior to the public hearing before the Zoning Board of #022-1760-4841"for the cost of first class, certified, ippeals. return receipt ($4.42 as of November 2003)x#of all parties in interest identified in MGLA ch. 40A§11 on the set of building elevation plans by a Registered abutter's list for the legal notice check Also, the ►rchitect may be required when the application applicant shall supply first class postage stamps evolves new construction/conversion/and/or a (currently 37¢)x the#of parties of interest on the ,roposed change in use. abutter's list for the decision mailing. B_ Mailing labels: Applicant shall provide four(4) 0 A. Major Projects sets of mailing labels no larger than 1"x2-5/8" (3 copies lajor projects are those, which involve one of the for the Legal mailing and one copy for the Decision )IloWng 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 III)2000 square feet of building area. in 1 (one)year if not exercised and a new petition lajor Projects shall require that in addition to the above must be submitted.t ,atures, plans must show detailed utilities, soils, and )pographic information. Page 2 of 4 Application for a VARIANCE .....r .,,..- r..,.,.�c ,.a..,.:...; . .,..r.:. x,x � a ¢ �� :� =c r a t 1; x �;, �1.�za'�u-�-�'�w� •�,,, -- � Zoning Board. of Appeals 1. Petitioner: Name, address and telephone number- john G. Pirrotta and Joseph A. Pirrotta, Jr. 17 Mablin Avenue, North Andover, MA 01845 978-794-0224 '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: John G. Pirrotta and Joseph A. Pirrotta, Jr. 17 Mablin Avenue, North Andover, MA 01845 Years Owned Land: 1.5 years 3. Location of Property: a. Street: 17 Mablin Avenue - Zoning-District R-4 b. Assessors: Map number_ 11 Lot Number: 37 c. Registry of Deeds: Book Number 6964 Page Number: 260 4. Zoning Sections under which the petition for the Variance is made. Section 7, Paragraph 7.3 (yard setback) and Table 2 of the Zoning By Laws Refer to the Permit Denial and Zoning By4-aw Plan Review as supplied by the Building Commissioner i. Describe the Variance request Applicant seeks Variance in order to construct a two car detached garage within side and rear setback area. t c ^^ rhe above descriptwn shall ue used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the oning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to dearly describe the request may result in 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 dditional items not included above a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current oning By-Law Requirements. (A and B are in the case of a lot split) Dt Area Open Space Percent Lot Frontage. Parking Minimum Lot set Back Sq. Ft. A Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 2;500 ft -- -- % OK -- 4.3ft OK 7.7ft 22.5ft (House) (Garage) Page 3 of 4 Application for a VARIANCE ` C • � H ; t A� �L ,ty... "� 4 i �- { �� .f�. �5• �� 4SA� �' F U�l M "Y.-h K c..: �1! `D ^' . ., a.. 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 a 10,000ft -- -- gb 100 -- -- ,t 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 96 73 �Ffi 96 (6�3296� d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back• Sq. Ft a Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 12,500ft -- -- 96 100 -- 30ft --20ft 15ft 30ft 7. a. Existing Buildings: Ground Floor Number of Tial 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 Use of Square feet Floors Sq. feet Building" 500 1 . 500 Residential Garage `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 tofurnish 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 al nmg of this application as incomplete_ Si nature Type above name (s) here ,� Ql�t2� .W- 6�5&/ 1") ` Zoning Bylaw Review Form Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01846 Phone 978-688-9545 Fax 978-688-9542 Street, I-r7 M- 4 Map/Lot: Applicant: -:Z/ 0 P)A-, I-) r 'M 1) Request: ,4 Date: Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: 4 Zoning 7 Item Notes Item Notes A Lot Area F Frontage I Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies 3 -Lot Area Complies 3 -Preexisting frontage e S 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed I Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required t_ S, 3 —Preexisting CBA 5 5 Insufficient Information - 4 Insufficient Information - C Setback _ H Building Height I All setbacks comply I Height Exceeds Maxim—um 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4,e 5 4 Right Side Insufficient ................ 4 Insufficient Information 5 Rear Insufficient e I Building Coverage 6 Preexisting setback(s) I Coverage exceeds maximum 7 Insufficient Information 2 Coverage.Complies D Watershed 3 Cove-'rage Preexisting I Not in Watershed Li e 5 4 Insufficient Information 2 In Watershed j Sign JV/A- 3 Lot prior to 10/24/94 1 Sign not allowed 4 zone to be Determined 2 Sign Complies 5 Insufficient Information --i— Insufficient information E Historic District K Parking I In District review required _T_ More Parking Required 2 Not in district 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 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 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 ,-targe 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 Pe.rmit 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. ilding Department Official Signaty,�e Application Received Application Denied Eru 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: MM A6 Pt e-- t/ A-J C C,1 )/1 M-1 I Z 4 C A" r\-a y-c— q i? Se C- Referred To: Fire Health --Police Zoning Board Conservation Department of Public Works OtherPlanning Historical commission Buildin De artment I Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover, MA on Tuesday the 10''of February, 2004 at 7:30 PM to all parties interested in the appeal of John G. Pirrotta& Joseph A. Pirrotta, 17 Mablin Avenue requesting a Variance from Section 7, Paragraph 7.3 &Table 2 for side and rear setbacks; and a Special Permit from Section 9, Paragraphs 9.1 & 9.2 of the a struct a two car detached garage on a pre-existing, non- property with frontage on the North side of Mablin Avenue �c 02 t. I w at the office of the Building Department 27 Charles Street, iy 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 January 26, &February 2, 2004. Legalnotice 2004-002 Ml 1AP37 � I I f Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover, MA on Tuesday the 10'b of February, 2004 at 7:30 PM to all parties interested in the appeal of John G. Pirrotta& Joseph A. Pirrotta, 17 Mablin Avenue requesting a Variance from Section 7, Paragraph 7.3 & Table 2 for side and rear setbacks; and a Special Permit from Section 9, Paragraphs 9.1 & 9.2 of the Zoning Bylaw in order to construct a two car detached garage on a pre-existing, non- conforming lot. The said premise affected is property with frontage on the North side of Mablin Avenue M within the R-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman I Published in the Eagle Tribune on January 26, &February 2, 2004. Legalnotice 2004-002 ` MI1AP37 C MEMORANDUM The Applicants seek to obtain: 1. A Special Permit for a pre-existing, non-conforming structure, because their lot area is less than the required amount, and 2. Variances for the ______ _ _ _._ _ Otwo .' side and rear setbacks for the proposed garage, in order to construct a detached stall wood garage. At a public hearing on December 8, 1998, the Zoning Board of Appeals allowed the Applicant's parent's request for variances in order to construct a two stall garage at the same location (see copy). Subsequently, the Petitioners became aware of a discrepancy in the rear lot line of their property which resulted in the proposed garage being on the rear lot line with no setback. After much negotiating with the neighbors, the parties have agreed to a land swap which will provide the Applicants with 7.5 feet of setback to the rear of the garage. Desirable relief may be granted by the Zoning Board of Appeals without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning by-laws. The addition of the proposed two stall garage shall not be substantially more detrimental than the existing non-conforming use to the neighborhood. Jan 08 04 04: 37p JOHN G. PIRROTTA, CPA (978) 794-1731 p. 2 Esti 6964 PG 2260 `k QUITCLaAIM DEED Mle, Joseph A. Pirrotta, Sr. and grace J. Pirrotta, both of 17 Mablin Avenue, North Andover, Massachusetts, for nominal consideration of less than One Hundred Dollars paid, grant to Joseph A. Pirrotta, Jr. of 3 Harry Street, Winslow, Maine, and John G. Pirrotta, of 17 Mablin Avenue, North Andover, Essex County, Massachusetts, as Joint Tenants with right of survivorship, with QUITCLAIM COVENANTS The land in North Andover, Essex County, Massachusetts, being lots numbered two hundred two (202) and two hundred three (203) as shown on plan of"Waverly West Park" now recorded with North Essex District Registry of Deeds, as Plan No. 463, to which plan reference is hereby made for a more particular description of said lots. Subject to all restrictions and conditions of record insofar as the same are still in force and effect. Reserving to Joseph A. Pirrotta, Sr. and Grace J. Pirrotta a life estate in the above premises during the remainder of their lifetimes, during whiull time, Joseph A. Pirrotta, Sr. and Grace J. Pirrotta shall have [lie right to occupy the premises, to lease, let or license the same, and shall be entitled to all rents, fees or profits generated fiom said life estate, but without the right to k; partition. During the said Joseph A. Pirrotta, Sr.'s and Grace J. Pirrotta's lives, they shall bear ',�� the.cost of all insurance, maintenance, fees, charges and expenses relating to the premises and they shall pay all taxes assessed or imposed with respect thereto, and all principal and ::-iterest on any mortgages thereon. Specifically excluded from the within conveyance i;: the grantees' right to petition the Court for partition of the subject premises as long as Joseph A. Pirrotta, Sr. and Grace J. Pir=.-otta continue to occupy the property or retain a life estate therein. For Grantor's Title, see Deed of Salvatore Alaimo and Julia Alaimo dated July 16, 1965 and recorded with the Essex North.District Registry of Deeds in Book 1038.Page 448. JUL 6� Q A A 1/22/2004 3:26 PM FROM: Dalton Baron Dalton _Baron TO: 1 978 4755662 PAGE: 002 OF 002 We, Daniel B. Mees and Sarah B. Mees, both of 339 Waverly Road, North Andover, Massachusetts, hereby authorize Joseph A. Pirrotta, Sr., Grace J. Pirrotta, John G. Pirrotta, and Joseph A. Pirrotta Jr., owners of 17 Mablin Avenue, North Andover, Massachusetts, to act as our agent in preparing, submitting, and executing any and all applications, permits, or documents required by the Town of North Andover in furtherance of the land swap conveyance and all matters affecting our property as shown on the Plan of Land in North Andover, Massachusetts drawn for Joseph Pirrotta submitted along with applications dated on or about January 15,2004. Dated on January _g 12004 O ers: �e . Mees SMIA B. Mees FEB 5 - 2004 D BOARD OF_APPEALS January 10, 2004 Zoning Board of Appeals 146 Main Street North Andover, Massachusetts 01845 To Whom It May Concern, Mr. John Pirrotta of 17 Mablin Avenue, North Andover recently approached me to inform me of his need to make further application with the Zoning Board for a modification of the granted variance. Mr. Pirrotta explained the history of the dilemma starting with the fact that he received a deed with an incorrect description when the property was purchased back in the 1960' s. I am writing in favor of building the garage. I support the construction of the garage at its present location regardless of the exact location of lot lines or setbacks. Additionally, after reviewing the attached drawings and dimensions, I continue my support for the construction of the garage as represented by these drawings. I would ask that the Board take whatever action it deems appropriate to allow Mr. Pirrotta and his family to continue the construct ' n Lothe garage on the installed foundation. Sincere y,�, MSF 339 Waverly Road North Andover, Massachusetts 01845 5 January 10, 2004 Zoning Board of Appeals 146 Main Street North Andover, Massachusetts 01845 To Whom It May Concern Mr. John Pirrotta of 17 Mablin Avenue, North Andover recently approached me to inform me of his need to make further application with the Zoning Board for a modification of the granted variance. Mr. Pirrotta explained the history of the dilemma starting with the fact that he received a deed with an incorrect description when the property was purchased back in the 1960' s. I am writing in favor of building the garage. I support the construction of theg arage at its present location regardless of the exact location of lot lines or setbacks . Additionally, after reviewing the attached drawings and dimensions, I continue my support for the construction of the garage as represented by these drawings . I would ask that the Board take whatever action it deems appropriate to allow Mr. Pirrotta and his family to continue the construction of the garage on the installed foundation. Sinc y, 339 Waverly Road North Andover, Massachusetts 01845 January 10, 2004 Zoning Board of Appeals 146 Main Street North Andover, Massachusetts 01845 To Whom It May Concern, Mr. John Pirrotta of 17 Mablin Avenue, North Andover recently approached me to inform me of his need to make further application with the Zoning Board for' a modification of the granted variance. Mr. Pirrotta explained the history of the dilemma starting with the fact that he received a deed with an incorrect description when the property was purchased back in the 1960 's . As you know, I wrote in favor of the building of the garage when it was first brought to my attention. I remain supportive orti ve of the continued construction of the garage at its present location regardless of the exact location of lot lines or setbacks . Additionally, after reviewing the attached drawings and dimensions, I continue my support for the construction of the garage as represented by these drawings . I would ask that the Board take whatever action it deems appropriate to allow Mr. Pirrotta and his family to continue the construction of the garage on the installed foundation. Sincerely, 349 Waverly Road North Andover, Massachusetts 01845 January 10, 2004 Zoning Board of Appeals 146 Main Street North Andover, Massachusetts 01845 To Whom It May Concern, Mr. John Pirrotta of 17 Mablin Avenue, North Andover recently approached me to inform me of his need to make further application with the Zoning Board for a modification of the granted variance. Mr. Pirrotta explained the history of the dilemma starting with the fact that he received a deed with an incorrect description when the property was purchased back in the 1960's. As you know, I wrote in favor of the building of the garage when it was first brought to m attention. I remain supportive of the g Y PP continued construction of the garage at its present location regardless of the exact location of lot lines or setbacks. Additionally, after reviewing the attached drawings and dimensions, I continue my support for the construction of the garage as represented by these drawings. I would ask that the Board take whatever action it deems appropriate to allow Mr. Pirrotta and his family to continue the construction of the garage on the installed foundation. Sin ce r'aly, 14�Mablin Avenue North Andover, Massachusetts 01845 January 10, 2004 Zoning Board of Appeals 146 Main Street North Andover, Massachusetts 01845 To Whom It May Concern, Mr. John Pirrotta of 17 Mablin Avenue, North Andover recently approached me to inform me - of his need to make further application with the Zoning Board for a modification of the granted variance. Mr. Pirrotta explained the history of the dilemma starting with the fact that he received a deed with an incorrect description when the property was purchased back in the 1960's. As you know, I wrote in favor of the building of the garage when it was first brought to my attention. I remain supportive of the continued construction of the garage at its present location regardless of the exact location of lot lines or setbacks. Additionally, after reviewing the attached drawings and dimensions, I continue my support for the construction of the garage as represented by these drawings . I would ask that the Board take whatever action it deems appropriate to allow Mr. Pirrotta and his family to continue the construction of the garage on the installed foundation. Sincerely, 14 Mablin Avenue North Andover, Massachusetts 01845 January 10, 2004 Zoning Board of Appeals 146 Main Street North Andover, Massachusetts 01845 To Whom It May Concern, Mr. John Pirrotta of 17 Mablin Avenue, North Andover recently approached me to inform me of his need to make further application with the Zoning Board for a modification of the granted variance. Mr. Pirrotta explained the history of the dilemma starting with the fact that he received a deed with an incorrect description when the property was purchased back in the 1960's. As you know, I wrote in favor of the building of the garage when it was first brought to my attention. I remain supportive of the continued construction of the garage at its present location regardless of the exact location of lot lines or setbacks . Additionally, after reviewing the attached drawings and dimensions, I continue my support for the construction of the garage as represented by these drawings . I would ask that the Board take whatever action it deems appropriate to allow Mr. Pirrotta and his family to continue the construction of the garage on the installed foundation. Sincerely, r 20 Mablin Avenue North Andover, Massachusetts 01845 January 10, 2004 Zoning Board of Appeals 146 Main Street North Andover Massachusetts 01845 To Whom It May Concern, Mr. John Pirrotta of 17 Mablin Avenue, North Andover recently approached me to inform me of his need to make further application with the Zoning Board for a modification of the granted variance. Mr. Pirrotta explained the history of the dilemma starting with the fact that he received a deed with an incorrect description when the property was purchased back in the 1960's. As you know, I wrote in favor of the building of the garage when it was first brought to my attention. I remain supportive of the continued construction of the garage at its present location regardless of the exact location of lot lines or setbacks. Additionally, after reviewing the attached drawings and dimensions, I continue my support for the construction of the garage as represented by these drawings. I would ask that the Board take whatever action it deems appropriate to allow Mr. Pirrotta and his family to continue the construction of the garage on the installed foundation. Sincerely, 20 Mablin Avenue North Andover, Massachusetts 01845 i `PAYET M CONSTRUCTION CO. i Hc—es at Aaddom of Obtlncdm 1 1It0 � 016lL PLAN OF PROPOSE WORK u► a4- h f 17 MAIN.i F lof-OL U1 Soli m4APsWIN w 16�if� L if aAfm wR T fQ /�- 3i• PIRA! - -� y A04. ri'r� Avf1C A►FA�.D " z u. i to �9 LL tf,,4 n AJ Proposed addition to home of. CROSS SECTION/FRAMING PLAN OF PROPOSED WORK Mr. & Mrs. Joseph Pirrotta 17 Mablin Ave No. Andover, MA CeUTiNl�alls C�d.GE ✓ENf F:�oE2GLASSSkiNyiPs IV)l9I9FErr-1• 511°PYD& Wood IP/PLy"Ad L'h'�i !ZRzENAroU F4t-•1UQED ` J.-LE1 �M►C C..JTt�(�'.3�r� I+V L'b X YLY L/,ll R-3 S (AAM SNS u L. Gar.N u ous So Sf•r v�rr -IA (o Z " D Sil i -7" E Do Iu tG - ! C--i �312AI. eel.NEk p,sr N Zx p 14 P1 nL R-21 'BATT .LvsuLA-K ox1 " �-t NA L L waLLS 9 t B� d ITEC A'£An 2IZl.L PT�AL.ks lz��. a� 5;11 /IQ•. TO VLCA��.'�—� OW 5�1� �E41 PAYETTE CONSTRUCTION CO. Zj' R E rAXN iN G 110 METHUEN ST L'Pe itd cioNC W,4 LL.L DRACUT, MA 01826 (978) 4545223 (978) 457-0829 FAX 1 b pb y,�t� Q�Ado r Eti:Sr'v 17elv[ WAY ELeviv-r,,rN qg"MiN 1-0'a lo`Poucid LeNc.� r 25`-4 Proposed addition to home of: PLAN VIEW OF PROPOSED WORK Mr. &Mrs. Joseph Pirrotta _ 17 Mablin Ave I _ No. Andover, MA lo''.3nso 1'0 PDual L Q DNL1L2 tt lFV0P43D&'ti/N Y-2'LDc A+a,�o�. SLc.LE : �14r c I'a� � 20"� 1D` 3boG1b Pou2ll SNEa+++lN� NDtES� �-doutQaT.� �oei'�NG w:rh iL d e.d a r2 © A LL Sid;n G 7a hi bu I-, i lair) - Tr VEL' OQ.EGINiV. I 064RA-6t= To bt .81EAY>✓D I I G �Du�d �ovc�E� F1Dn wl E1 Ee--re i L V eA t N,* DtIte e- l„1 6 Abe r_ Moi►F AN QeMDACrED GRAVEL I I i I I � i � Pe.�FabeifpfEn I wind.1'�dctLS� za• D.L., 51C vLy- + WDA& N Cr wl C If PS• 15 tic Z°60 � � Fttt� � �.GSN�Nsles °'2-4 �123LID hFNAWL QI y wood PAYETTE CONSTRUCTION CO. Zy? LuKLL 1110 METHUEM ST ex b DRACUT, MAO 1826 --;—T O V E R WAD v0 2 OVEQWE (979)454-5223 , y c+D foo (978)453-0829 FAX WALK WAY � i _I ' .� r+'L!V, RNo STE 03 �O I Ed:SI�G JJ.<IUEM/AY 'Yo 2eMAtrJ RLtAINiNG wn� e� His N NORTH 01 OL i0YCE BRAD HAW o A TOWN CLt;�'K NORTH ANDOVER �1SsAcHus� I I ^ i t qq TOWN OF NORTH ANDOVER T `.::,tncortl!yth^_thtlenf;(17 MASSACHUSETTS ;I7.7o el-?rsed from date of ds.ls;osr fila! VAthout filing 91P qvw. Date Jcyc A.Bradshaw 9 BOARD OF APPEALS A True Copy Town Clerk Q Any appeal shall be filed within(201 days after the NOTICE OF DECISION date of filing of this Notice Property: 17 Mablin Avenue In the Office of the Town Clerk. NAME: Joseph Pirrotta DATE: 12/9/98 ADDRESS: 17 Mablin Ave. PETITION: 047-98 North Andover, MA 01845 HEARING: 12/8/98 The Board of Appeals held a regular meeting on Tuesday evening, December 8, 1998 upon the application of Joseph Pirrotta, 17 Mablin Ave., North Andover, MA, requesting a Variance from the requirements of Section 7, Paragraph 7.1 &7.3, of Table 2, within the R4 Zoning district, for relief of front, side and rear setbacks, to construct a 2 car garage, on a pre-existing non-conforming lot. The following members were present: William J. Sullivan, Walter F. Soule, John Pallone, Scott Karpinski. The hearing was advertised in the Lawrence Tribune on 11/24/98 &21/1/98 and all abutters were notified by regular mail. Upon a motion made by John Pallone and seconded by Scott Karpinski, the Board of Appeals voted to GRANT a Variance requested from the requirements of Section 7, Paragraph 7.1 &7.3 for relief of front setback from the house of 4.3 feet, relief of side setback from the proposed garage of 9.3 feet, relief of rear setback from the proposed garage of 12 feet, on the condition-that there be no commercial use of the proposed garage and that the garage shquld be used for only light or minor automobile repair work and that there be allowed only electrical utilities, in accordance with the plan of land dated 9117/98 as prepared by Stephen E. Stapinski, R.L.S., Registered Land Surveyor, Merrimack Engineering Services, 66 Park St., Andover, MA 01810. Voting in favor:William J. Sullivan, Walter F. Soule, John Pallone, Scott Karpinski. The petitioner has satisfied the provision of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Note: The granting of the Variance and/or Special Permit 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 and building codes and regulations, prior to the issuance of a building permit as requested by the Building Commission. BOARD OF AP LS William J. Sulli an, Chairman Zoning Board o Appeals /decoct/11 Abutter to Abutter( ) 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." Subject Property: MAP PARCEL Name Address 11 37 Joseph Pirrotta 17 Mablin Avenue No Andover, MA 01845 Abutters Properties Map Parcel Name Address 11 11 Dennis Moran 121 Jetwood Street No Andover, MA 01845 11 20 Peter J. Salemi 45 Mablin Avenue No Andover, MA 01845 11 24 Dann Nicolosi 16 Jetwood Street No Andover, MA 01845 11 25 Branco Realty Trust 78 Cross Street Andover, MA 01810 11 26 Charles Maniace 35 Mablin Avenue No Andover, MA 01845 11 30-0001 Raymond Wood 56 Jetwood Street U-1 No Andover, MA 01845 11 30-0002 - Kam Hei 58 Jetwood Street U-2 No Andover, MA 01845 11 31 Wendy Reed 50 Jetwood Street No Andover, MA 01845 11 32 Howaniec One Trust 38 Mablin Avenue No Andover, MA 01845 11 33 Santina Failla 29 Mablin Avenue No Andover, MA 01845 11 34 James Norwood 241 Mass Ave No Andover, MA 01845 11 36 Jessie Furneaux 333 Waverley Road No Andover, MA 01845 11 38 Bellia Realty Trust 30 Mablin Avenue No Andover, MA 01845 11 39 John Routhier 43 Jetwood Street No Andover, MA 01845 11 40 Jamie Dixon 315 Greene Street No Andover, MA 01845 11 41 Jin Chang Kim 307 Greene Street No Andover, MA 01845 11 42 Marguerite Sarson 361 Waverley Road No Andover, MA 01845 11 43 David Shultis 14 Mablin Avenue No Andover, MAO 1845 11 44 Annie Roberts 349 Waverley Road No Andover, MA 01845 11 45 Claire Grady 255 Mass Ave No Andover, MA 01845 11 47 Thomas Mendes 330 Waverley Road No Andover, MA 01845 11 49 Joseph Bishop 334 Waverley Road No Andover, MA 01845 11 50 Raymond Maclean 340-342 Waverley Rd No Andover, MA 01845 11 51 Robert Levy 344-346 Waverley Rd No Andover, MA 01845 11 52 Arthur Allen 369 Waverley Road No Andover, MA 01845 11 53 Mary Gennaro 354 Waverley Road No Andover, MA 01845 r— Date 112./W CerLDate / O Page I of Z Board Asses 0 North Andover Abutter to Abutter( ) 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." Subject Property: MAP PARCEL Name Address 11 37 Joseph Pirrotta 17 Mablin Avenue No Andover, MA 01845 Abutters Properties Mao Parcel Name Address 11 55 Donna Morrissey 360 Waverley Road No Andover, MA 01845 11 56 Robert Dixon 315 Greene Street No Andover, MA 01845 11 57 Paula Hoyt 368 Waverley Road No Andover, MA 01845 11 61 Daniel Mees 339 Waverley Road Andover, MAO 1810 11 63 Robert Hajjar 20 Mablin Avenue No Andover, MA 01845 11 64 `Satina Failla 29 Mablin Avenue No Andover, MA 01845 Date �V0/ Page Z of L ified Board fA.s,e3 North And ver