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Home My WebLink AboutMiscellaneous - 18 STONINGTON STREET 4/30/2018 (2)P P,� �, � 6Lq4e3 olvar 09/pa�titdi 04@s eQ.e 5'_ 0 3 � J� V1� 'a m CL t naW �-Um 11 -' -D hogging: _37 ,,X , 7...__ �I Joao-• asatp aniaaai 01 jueM f 1�50998�1 JagwnN JauaoIsno 600-991.960-126 JagwnN dIA J HHA sAUalle ,ab — £ 110.[UH uo&md iad 00'961 S aa3 • dOgSTOM ,CeQ-aup :U04vuli0luI;uauipoaua i9tU-8SZ-008-1 J[U3,0 do i QI03'LUIBSjVU*MMM Aura le autjuo 110jug '£ t-vvc-008-6 HBO JO W03'UJBSI9U'MMM;ISM 6UIUIeJj d[gsuor. - ^��e_uotlewiojul aJou Jod pORTN Town of North Andover Town Qerk Time Stamp Community Development and Services Divi*EtEIVED Office of the Zoning Board of Appg4Wu rs F'S OFFICE 400 Osgood Street North Andover, Massachusetts 0181805 OCT 25 PM 4: 06 Gerald A. Brown Telephone (978) 688-9541 Inspector of Buildings Fax (978) 688-9542 Any appeal shall be filed within Notice of Decision (20) days after the date of filing Year 2005 of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, § 17. Proat: 18 Stonington Street NAME: Paul Gates HEARING: October 11, 2005 ADDRESS: 18 Stonington Street PETITION: 2005-030 North Andover, MA 01845 TYPING DATE: October 19, 2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street, North Andover, MA on Tuesday, October 11, 2005 at 7:30 PM upon the application of Paul Gates, 18 Stonington Street, North Andover, MA requesting a dimensional Variance from Section 4, Paragraph 4.122.14.c.3 and Section 8, Paragraph 8.1.7 of the Zoning Bylaw for relief of parking within 10' of the lot line and unobstructed parking in order to add a third dwelling unit, and for a Special Permit from Section 4, Paragraph 4.122.14.1, Section 10, Paragraphs 10.3 & 10.3 1, and Section 9, Paragraphs 9.1 & 9.2 of the Zoning Bylaw in order to convert an existing 2 -family dwelling to a 3 -family dwelling within a pre- existing, non -conforming structure on a pre-existing, non -conforming lot. Said premises affected is property with frontage on the Northeast side of Stonington Street within the R-4 zoning district. Legal notices were sent to all names on the abutter's list and published in the Eagle -Tribune on September 26 & October 3, 2005. The following voting members were present: Joseph D. LaGrasse, Richard J. Byers, David R Webster, Thomas D. Ippolito, and Richard M. Vaillancourt. The following non-voting members were present: Ellen P. McIntyre and Daniel S. Brame. Upon a motion by Richard J. Byers and 2nd by Daniel S. Braese, the Board voted to GRANT dimensional Variance from Section 4, Paragraph 4.122.14.c.3 for relief of 5' from the east side lot line for parking and from Section 8, Paragraph 8.1.7, stacked parking, in order to provide required parking for a third dwelling unit; and upon a motion by Richard J. Byers and 2nd by Daniel S. Braese, the Board voted to GRANT a Special Permit from Section 4, Paragraph 4.122.14.1, Section 10, Paragraphs 10.3 & 10.3 1, and Section 9, Paragraphs 9.1 & 9.2 of the Zoning Bylaw in order to convert an existing 2 -family dwelling to a 3 -family dwelling within the footprint of a pre-existing, non -conforming structure on a pre-existing, non -conforming lot per Plan of Land in North Andover, MA, No. 18 Stonington Street, Owner/Applicant: Paul Gates, Special Permit — Variance 2 Family — 3 Family, Date: September 2, 2005 [by] James W. Bougioukas, R.L. S. #9529, Bradford Engineering Co., 3 Washington Sq., Haverhill, MA. 01830; and Renovations to; 18 Stonington Street, North Andover, MA, Two Family to Three Family Dwelling, Date: August 8, 2005, sheets A-1 to A-6 [by] J. Michael Sullivan, Registered Architect#8756, J. Michael Sullivan, A.I.A., 10 Lee ` Street, Salem Ma 01970. With the following conditions: 1. The west side driveway shall be forty feet (40') in length. 2. The applicant shall provide a revised Mylar including the 40' long west side driveway. 3. A Fire Suppression system shall be installed throughout the entire structure. Voting in favor: Joseph D. LaGrasse, Richard J. Byers, David R. Webster, Thomas D. Ippolito and Richard M. Vaillancourt. Page 1 of 2 1 Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-953': 07 / 7 N�*N Town of North Andover dTown Clerk Time Stamp a ..o Community Development and Services Division Office of the Zoning Board of Appeals 400 Osgood Street North Andover, Massachusetts 01845 Gerald A. Brown Telephone (978) 688-9541 Inspector of Buildings Fax (978) 688-9542 The Board finds that the applicant could comply with the requirements of 4.122.14.c.3 and 8.1.7 by removing a mature Red Maple tree, removing the existing grassed yard, and extending the existing impervious surface. The Board finds owing to circumstances relating to soil conditions, a mature Red Maple tree, especially affecting this lot but not affecting the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise in the removal of the mature tree to the petitioner. The Board finds that removing the tree would eliminate a natural buffer between the parking area and the rear and west side abutters and cause conflict with 4.122.14. Liv, preserving established, mature vegetation. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of these sections of the North Andover Zoning Bylaw because the proposed parking arrangement is substantially the same as other Stonington Street lots. Also, the Board finds that the applicant has satisfied the conditions of a Special Permit from 4.122.14.1 in that the third unit will have negligible impact on the neighborhood, will provide an additional modest -sized housing unit, and the proposal preserves the existing late 19" century structure, Red Maple tree, and grassed yard, which are consistent with the existing late 19'h century neighborhood. The Board finds that the applicant has satisfied the conditions of 10.31 in that 18 Stonington Street is an appropriate location for a three-family unit and a third unit will not adversely affect the neighborhood of single, two, and multi -family units because the third unit shall be constructed within the footprint of the existing 1887 structure. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians from the proposed dormer, exterior enclosed stairway or stacked parking, that the applicant shall provide adequate and appropriate facilities for the proper operation of the proposed use. The Board finds that the third unit is in harmony with the general purpose and intent of 4.122.14.1, and that this extension shall not be substantially more detrimental than the existing structure to the neighborhood. 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 building codes and regulations, prior to the issuance of a building permit as required by the Building Commissioner. 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, Nek Ellen P. McIntyre, Chair Decision 2005-030. M19P49. 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 Notice is hereby given that the North Andover Zoning Board of Appeals will hold a° public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 11th of October, -2005 at 7:30 PM to all parties interested in the appeal of Paul Gates, 18 Stonington Street, North Andover, MA requesting a dimensional Variance from Section 4, Paragraph 4.122.14.c.3 and Section 8, Paragraph 8.1.7 of the Zoning Bylaw for relief of parking within 10' of the lot line and unobstructed parking in order to add a third dwelling unit, and for a Special Permit .from Section 4, Paragraph 4.122.14.1, Section 10, Paragraphs 10.3 & 10.3 1, and Section 9, Paragraphs 9.1 & 9.2 of the Zoning Bylaw in order to convert an existing 2 -family dwelling to a 3 -family dwelling within a pre- existing, non -conforming structure on a pre-existing, non -conforming lot.. Said premises affected is property with frontage on the Northeast side of Stonington Street within the R-4 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle -Tribune on September 26 & October 3, 2005. Legalnotice 2005-030. M19P49. orn �CD,< o oo mmio �m 2oNvwo�»a0 oo--vmoo < 0- CYD m ZOZ tmN7��m mo'oWm Q�o_-w <Wo'w°. oc voco j1 m.nv Nv�0°calowm'_3oD vyXOMDmvo-•fcD °a3°m-orSfDo'3�coDO(o=yNF.Fow °5`°oD =o,oa!D»o3 ow 00- -00 �Nmym°CL ZZ LWgo=D °. om N8a�U0�oiOo �N o oQ rnS'gm0 ��mm°m N�°f CD =-a �(OD� omZmm-a�mmfl �1 N �� WO ON 7�' 00 �.-.n o7o7O�X NO ip'�01a��m 7.w co SD°Qy�O7N0O<D�RI inm o33....00 �o?�.� ?w?pay»�ocofp��3o.mnmamS��-7D^'aom°'��'cym�� !*1 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 Town Qerk Time Stamp Community Development and Services Division Office of the Zoning Board of AppealsR E C E I V E D 1 �1 f"� I ". f R��': FFICF ��-•,,.o. � SS,,CHU 400 Osgood Street Raymond Santilli, North Andover, Massachusetts 01845 2005 SEP 22 AM 9: ^43 Interim Communitv Telephone (978) 688-9541 Development Director Fax (978) 688-9542"' 8 0 NORTH ANDGV° -MASS AI^WH�JS" TT :, Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a° public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 11th of October, -2005 at 7:30 PM to all parties interested in the appeal of Paul Gates, 18 Stonington Street, North Andover, MA requesting a dimensional Variance from Section 4, Paragraph 4.122.14.c.3 and Section 8, Paragraph 8.1.7 of the Zoning Bylaw for relief of parking within 10' of the lot line and unobstructed parking in order to add a third dwelling unit, and for a Special Permit .from Section 4, Paragraph 4.122.14.1, Section 10, Paragraphs 10.3 & 10.3 1, and Section 9, Paragraphs 9.1 & 9.2 of the Zoning Bylaw in order to convert an existing 2 -family dwelling to a 3 -family dwelling within a pre- existing, non -conforming structure on a pre-existing, non -conforming lot.. Said premises affected is property with frontage on the Northeast side of Stonington Street within the R-4 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle -Tribune on September 26 & October 3, 2005. Legalnotice 2005-030. M19P49. orn �CD,< o oo mmio �m 2oNvwo�»a0 oo--vmoo < 0- CYD m ZOZ tmN7��m mo'oWm Q�o_-w <Wo'w°. oc voco j1 m.nv Nv�0°calowm'_3oD vyXOMDmvo-•fcD °a3°m-orSfDo'3�coDO(o=yNF.Fow °5`°oD =o,oa!D»o3 ow 00- -00 �Nmym°CL ZZ LWgo=D °. om N8a�U0�oiOo �N o oQ rnS'gm0 ��mm°m N�°f CD =-a �(OD� omZmm-a�mmfl �1 N �� WO ON 7�' 00 �.-.n o7o7O�X NO ip'�01a��m 7.w co SD°Qy�O7N0O<D�RI inm o33....00 �o?�.� ?w?pay»�ocofp��3o.mnmamS��-7D^'aom°'��'cym�� !*1 Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 ��5�`]'rxi'.-s'--:r--�Gy^ti''>"'�•a'^r+{c....'-�.i�"�,.,{•-:-1'•...,,M`r-{�'�r�,f'-� 1{e -.'1.s [ .+:�..•..�.Yi L'1'-� No.Date ° TOWN OF NORTH ANDOVER A BUILDING DEPARTMENT �9So'. 11 Building/Frame Permit Fee A $ Foundation Permit Fee $ Y Gert Other Perm -R -Fee $ 01 c:t, # X33 oto L e- 47 M�K f e�,5 i 80ding-ins-pntm ZBA284 Date ... TOWN OF NORTH ANDOVER RECEIPT 14 This certifies that 14 . . ......... 147 haspaid ............................................................. ..... for .von t ... �5p-,V ......... ........... . ........ Received by..A..� .. .......................................... Department ......... 7-.-.,6. - /� ................................................................ ... .. .....- WHITE: Applicant CANARY: Department PINK: Treasurer Zoning Board of Appeals North Andover Hearing No.: ZBA-2005-0049 Date: September 30, 2005 APPLICATION TYPE: SUBMISSION DATE: Variance & Special Permit Thu Sep 15, 2005 ADalicant's Name: NAME: Gates, Paul ADDRESS: 18 STONINGTON STREET ADDRESS: 18 Stonington Street STATE: MA TOWN: NORTH ANDOVER STATE: MA I ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: BLOCK: Site Information: Owner's Name: NAME: SHINE FAMILY TRUST & DANIEL J SHINE, TR ADDRESS: 18 STONINGTON STREET TOWN: NORTH ANDOVER STATE: MA ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: Work Location.: SITE ZONING: 18 STONINGTON STREET DECISION DRAFT BY: TOWN: SECTION OF BYLAW: NORTH ANDOVER, MA 01845 4.122.1 GIS # MAP: BLOCK: LOT: ACTION TAKEN: 724 019.0 1 0049 I VOTING DEADLINE: Reason for filing: Var from 4.122.14.c.3 & 8.1.7 for obstructedparNng & within 10' of lot line & SP from 4.122.14.1, 10.3, &10.31 for conversion from 2 to 3 family, & 9.1 & 9.2 for pre-exist, non -conforming lot & structure. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: REFERRALS IN DATE: HEARING DEADLINE DATE: Sat Nov 19, 2005 HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: MEMBERS PRESENT: MINUTES OF MEETING: GeoTMS®1998 Des Lauriers & Associates, Inc. VOTE: • . ,t HEARING: October' 11, 2005 ADDRESS: 18 Stonington Street 11�7M.Y North Andover, MA 01845 TYPING DATE: October 19, 2005 Gerald A. Brom Inspector of Buildings Town of North Andover Town Clerk Time Stamp Community Development and Services DivisEIVED Office of the Zoning Board of App4VW?,� ; I 400 Osgood Street North Andover, Massachusetts 0181895 OCT 25 PFS 14: Ob Any appeal shall, be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, §17. Telephone (978)688-9541 Far (978) 688-9542 Notice of Decision Year 2005 This is to certify that twenty (20) days have e(apsed from date of decision, filed without fili Date a MMIa04S decree A: Bradshaw 1W @IOfk Pronerty at: 19 Ctnninotnn Ctrewt NAME: Paul Gates HEARING: October' 11, 2005 ADDRESS: 18 Stonington Street PETTTION: 2005-030 North Andover, MA 01845 TYPING DATE: October 19, 2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street, North Andover, MA on Tuesday, October 11, 2005 at 7:30 PM upon the application of Paul Gates, 18 Stonington Street, North Andover, MA requesting a dimensional Variance from Section 4, Paragraph 4.122.14.c.3 and Section 8, Paragraph 8. 1.7 of the Zoning Bylaw for relief of parking within 10' of the lot line and unobstructed parking in order to add a third dwelling unit, and for a Special Permit from Section 4, Paragraph 4.122.14.1, Section 10, Paragraphs 10.3 & 10.3 1, and Section 9, Paragraphs 9.1 & 9.2 of the Zoning Bylaw in order to convert an existing 2 -family dwelling to a 3 -family dwelling within a pre- existing, non -conforming structure on a pre-existing, non -conforming lot. Said premises affected is m pro''- nth frontage on the Northeast side of Stonington Street within the R-4 zoning district_ Legal<'..y not �--..11-r»� on the abutter's list and published in the Eagle -Tribune on September.2 i Or' _ zr ? LaGrasse, Richard J. Byers, David R. Webstejr �II P. McIntyre and Daniel S. Braese. io _qm �° OS 4 6)V S. Braese, the Board voted to GRANT dimensiorm r'relief of 5' from the east side lot line for parking Ed i order to provide required parking for a third dwelling Daniel S. Braese, the 1, Section 0, ParagraphBoard & 10.3 1, and Section 9 c to convert an existing 2 -family dwelling to a 3 -fancily lS �y i '-confonming structure on a pre-existing, non -conforming �--t 18 Stonington Street, Owner/Applicant: Paul Gates, /�ts Date: September 2, 2005 [by] James W. Bougioukas, 19 Kington Sq., Haverhill, MA. 01830; and Renovations to; 18 �mfly to Three Family Dwelling, Date: August 8,'2005, sneo�,,_ _�stered Architect -#8756, J. Michael Sullivan, A.I.A., 10 Lee Street, Salem Nu-�.._` riditions: 1. The west side drivewa,,b :�a __ ilty feet (40') in length. 2. The applicant shall provide revJed Mylar including the 40' long west side driveway. 3. A Fire Suppression system shall be installed throughout the entire structure. Voting in favor: Joseph D. LaGrasse, Richard J. Byers, David R- Webster, Thomas D. Ippolito and Richard M. Vaillancourt. ATTEST: Pagel of 2 A True Copy Town Clerk . Board of Appeals 978- 688-9541 Building 978.688-9545 Conservation 978.688-9530 Health 978-688-9540 Planning 978-688-9535 C= 0 ow Gerald A. Brown Inspector of Buildings Town of North Andover Town Qerk Time Stamp Community Development and Services Divi : E{VED Office of the Zoning Board of Appq'aft) -i 400 Osgood Street North Andover, Massachusetts 018495 OCT ZS PH 14: 06 Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. Telephone (978)688-9541 Fax (918)688-9542 Notice of Decision Year 200$ OR- This is to certify that twenty (20) days have efapsed from date of decision, filed without filing of aeal. a Date W. �' exec doyee A: Bradshaw Tan @101 40A, §17. Pro at: 18 Stonington Street NAME: Paul Gates HEARING: October 11, 2005 ADDRESS: 18 Stoninitton Street PETITION: 2005430 North Andover, MA 01845 TYPING DATE: October 19, 2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street, North Andover, MA on Tuesday, October 11, 2005 at 7:30 PM upon the application of Paul Gates, 19 Stonington Street, North Andover, MA requesting a dimensional Variance from Section 4, Paragraph 4.122.14.c.3 and Section 8, Paragraph 8.1.7 of the Zoning Bylaw for relief of parking within 10' of the lot line and unobstructed parking in order to add a third dwelling unit, and for a Special Permit from Section 4, Paragraph 4.122.14.1, Section 10, Paragraphs 10.3 & 10.31, and Section 9, Paragraphs 9.1 & 9.2 of the Zoning Bylaw in order to convert an existing 2 -family dwelling to a 3 -family dwelling within a pre- existing, non -conforming structure on a pre-existing, non -conforming lot. Said premises affected is rr property with frontage on the Northeast side of Stonington Street within the R-4 zoning district. Legs)'' notices were sent to all names on the abutter's list and published in the Eagle -Tribune on September:01 1 October 3, 2005. The following voting members were present: Joseph D. LaGrasse, Richard J. Byers, David R_ Webster; Thomas D. Ippolito, and Richard M. Vaillancourt., The following non-voting members were present: Ellen P. McIntyre and Daniel S. Braese. d Upon a motion by Richard J. Byers and 2°d by Daniel S. Braese, the Board voted to GRANT dimensioim Variance from Section 4, Paragraph 4.122.14.c.3 for relief of 5' from the east side lot line for parking ad from Section 8, Paragraph 8.1.7, stacked parking, in order to provide required parking for a third dwelling unit; and upon a motion by Richard J. Byers and 2nd by Daniel S. Braese, the Board voted to GRANT a Special Permit from Section 4, Paragraph 4.122.14.1, Section 10, Paragraphs 10.3 & 10.3 1, and Section 9, Paragraphs 9.1 & 9.2 of the Zoning Bylaw in order to convert an existing 2 -family dwelling to a 3 -family dwelling within the footprint of a pre-existing, non -conforming structure on a pre-existing, non -conforming lot per Plan of Land in North Andover, MA, No. 18 Stonington Street, Owner/Applicant: Paul Gates, Special Permit — Variance 2 Family — 3 Family, Date: September 2, 2005 [by] James W. Bougioukas, R.L.S. #9529, Bradford Engineering Co., 3 Washington Sq., Haverhill, MA_ 01830; and Renovations to; 18 Stonington Street, North Andover, MA, Two Family to Three Family Dwelling, Date: August 8, 2005, sheets A-1 to A-6 [by] J. Michael Sullivan, Registered Architect #8756, J. Michael Sullivan, A.I.A., 10 Lee Street, Salem Ma 01970. With the following conditions: 1. The west side driveway shall be forty feet (40') in length. 2. The applicant shall provide a revised Mylar including the 40' long west side driveway. 3. A Fire Suppression system shall be installed throughout the entire structure. Voting in favor: Joseph D. LaGrasse, Richard J. Byers, David R. Webster, Thomas D. Ippolito and Richard M. Vaillancourt. Page 1 of 2 ATTEST: A True Copy Town Clerk Board of Appeals 978- 688-9541 Building 978-688-9545 Comervation 978.688-9530 Iiealth 978-688-9540 Planning 978-6)88-9535 c •,. w t3- 0 to tV 0 Town of North Andover F+ • °g Town Clerk Time Stamp Community Development and Services Division `• �s' Office of the Zoning Board of Appeals HU 400 Osgood Street North Andover, Massachusetts 01845 Gerald A. Brown Telephone (978) 688-9541 Inspector of Buildings Fax (978) 688-9542 _ The Board finds that the applicant could comply with the requirements of 4.122.14.c.3 and 8.1.7 by removing a mature Red Maple tree, removing the existing grassed yard, and extending the existing impervious surface. The Board finds owing to circumstances relating to soil conditions, a mature Red Maple tree, especially affecting this lot but not affecting the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise in the removal of the mature tree to the petitioner. The Board finds that removing the tree would eliminate a natural buffer between the parking area and the rear and west side abutters and cause conflict with 4.122.14. Liv, preserving established, matyre vegetation. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of these sections of the North Andover Zoning Bylaw because the proposed parking arrangement is substanoally the same as other Stonington Street lots. Also, the Board finds that the applicant has satisfied the conditions of a Special Permit from 4.122.14.1 in that the third unit will have negligible impact on the neighborhood, will provide an additional modest -sized housing unit, and the proposal preserves the existing late 19'h century structure, Red Maple tree, and grassed yard, which are consistent with the existing late 19th century neighborhood. The Board finds that the applicant has satisfied the conditions of 10.31 in that 18 Stonington Street is an appropriate location for a three-family unit and a third unit will not adversely affect the neighborhood of single, two, and multi -family units because the third unit shall be constructed within the footprint of the existing 1887 structure. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians from the proposed dormer, exterior enclosed stairway or stacked parking, that the applicant shall provide adequate and appropriate facilities for the proper operation of the proposed use. The Board finds that the third unit is in harmony with the general purpose and intent of 4.122.14.1, and that this extension shall not be substantially more detrimental than the existing structure to the neighborhood. 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 building codes and regulations, prior to the issuance of a building permit as required by the Building Commissioner. 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, �7 Ellen P. McIntyre, Chair Decision 2005-030. M19P49. "Page,2 of 2 Board of Appeals 978- 688-9541 Building 978-688-9545 Consnation 978-688-953() Health 978-688-9540 Planning 978-6,'8-9535 ESSEX NORTH REG4STRY OF Dff'ED!�-. LAWRENCE, MASS. A TRUE Copy: ATTEST: Essex North County Registry—of Deeds 381 Common Street Lawrence, Massachusetts 01840 GATES KA � # 23 Pp�: Type PLAN � OO uu� 44519 C- P. ~`^ 20. 00 . # 24 Rec.' R. D. Type NOTC '' 5.00' ��OO DOC 4452O [. P. 20.00 R. D. 5.00 � / Copies 10.00 � Total 160.00 | 0 25 Payment Check 160.00 THANK YOU! Thomas J. Burke / Register of Deeds NORTH LAVV�G9�O�. —' 4TRUE C{}pY: ATTgE �� PL T NO. 30 11 10 \5� ll ,00, MOR��S 32 j s ` V 1 f, �l 10 33 V P• AT N0. /�4 FISC L 20 2 PS DRAAN Y FRANK S. GILE�!�'P.L.S MEASUREMEN i S ARE SCALED ONLY NOT FOR SUR'v'EY PURPOSE. OCT 1 1 2005 D BOARD OF APPEALS ;s r �"��•� -� � Vii,: :, � "' � � � =' � ':�.-� ry .,,s � V r .9. �-'•`•�•. _ n. ,�_ � .; .r.�e�•`..,.+c�✓..s,.--c=...... s-�.z-`^"".�... �..+.. .smi.;e,•-:�r+..s�E�'�.ss'^'�F,;..��,.d'L..' ."!'>„Mi`.:.:tx' �^>t,;*G*Wti!s;'r1y'�i"!,cr�2�,+ w'-` .:wr is i_ .�:+;+.4 ...��':w �. 4 • p'�°�ls'_' t -� �-x=',.,1.�' ��►..�;: i.� �'' `' :=e t } . 1^ - LAJ _ :oil q • 1,•4 LT�'�Ji�.` s... '"'. r•. '�. ,1� 4 •�I �?'fit' •�c' ;1,i', `. .��'.. � !{�� ;: .."b 5 —_ __�� .[w, s fit .,Y ` }'� f.,F'+�,r _ j l•• t �� 1 t Y - - .. 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'�..vc>-....ti_, s � _ , •. -?& - -7z, /7,,,,4 IS 71��Iffil y � i - �tt:� t Lfr �,✓� '* � i ' y-yry � ��..r y �� `. � y � c f � s ,y J i , F�. i,i 7, fiw' �^t�S': 1.�''`�. ..)Y�"'y Yy"...r��'-•.X � c ♦ - � k � F owl L ,).? U!y'1i ~« r7 ,F S •� ':, Vii.;. �t .A` F -a - � ~+' a`"''�� ..'� 1♦ t�'.•!• a a�•r �r�' R. -' � � ° . �, ° r*_tiIr � : �st•�IL ~!�s �' I r, `��. �i $�!° { � . - � s S L . A •r c¢ ,,� viu`•�`. J,• }�„ � .� w�,� I 'r��i-- ''�i�1}3t-. t f t♦ - - t 'f 8 � �:� �.S 7 4 M :1� Y ti�. I I d � r• I ,;► rAM • e i r d (' n +�,�. � � A" .,� r17 141 ,~�I. i 8 0 ��• ! �. � /' � 3. ��ai rt_{ �I�f.'�f„yw a �_ •.. -�� - _ 1 -.y� ` 'R IA Y t ¢- .„ * + \10 a ra • r \ ! s r . r1y z 3 x � f _ t � � •' � L - � .� as -'t l +t jj � V + "" • by � 1 \ .a•t , i � ��`1 " ig 1.'. to � y d • • f� S• yS t e • � � s�. p.C .1. yY .� �yt�.. � � �. F, f v § t�� 7.. Po • ••" �r*"ti � •` ,•;,' r � ,; �"' � Vii,- I. �� _ � �'}C 1 ��j '•.;lPe �� ° - .�4 Y� AV ��r♦ � a T , f♦ li . � • � ., a't big ! � - � -' i -t � �z: .rN r .�' d ti l V • L ? 14 We- idr �Yt. w• -.. f �te t I .�� ! �' .� - _ , r 4 1: { x 9 � dS�t. _ �� _' � , ..r 4 t �A . .+ • c � - t TOWN OF NORTH ANDOVER VARIANCE 1 Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty (U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by tha Board of an application as i The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in page 4, section 10 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 400 Osgood Street, North Andover, MA 01845 978-688-9 frac r mmunity Development offices 97& Bi�iltlinDepartment 978'588-9541 ZoninglI��card of Appeals Office �; SEP 15 2005 V BOARD, OF APPEALS STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision, the Mylar, and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. J-0 North Andover Town Hall, 120 Main Street cA 978-688-9501 Town CFel&col Office 978-688-9566 Assessor's Office cy nWq 1 of 4 PAGE 4OF4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. All points, A -F, are required to be addressed with this application. A. The particular use proposed for the land or structure. 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 the zoning district in which the property is located. 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. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. 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 Ordinance. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10. A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: I) five (5) or more parking spaces, II) three (3) or more dwelling units, III) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show detailed utilities, soils, and topographic information. VARIANCE *10. B. *Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x17", preferred scale of 1"=40' In One (1) Mylar. III) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Indicated On Plan: n Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. In Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer of surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisk (*). In some cases further information may be required. 11. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1760-4841" for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 37¢) x the # of parties of interest on the abutter's list for the decision mailing. 11. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8" (3 copies for the Legal, and one copy for the Decision mailing). 11. C. Administrative fee of $50.00 per application. 4 A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted.+ °:•'"o; Zoning Bylaw Denial i Town Of North Andover Building Department AndoverMA. 01846 •,;•.,,,� .;,• 400 Osgood St North Phone 97641111 1546 Fax 97i•it111411 Z w£i%t-I+a u"'rL- Please be advised that d1K review of your Application and Plans the Your Application is DENIED for the following Zoning Bylaw naso":: Zoning A h rn Lot Ana Notes F hurt Frontage Parkin Variance 1 2 3 Lot area Irhsuffld of Lot Area Lot Area Com Des `t °S 1 2 3 Frointage InUdfldern F Com les Preexfsti P S 4 Insuffrdertt Information Lars Estate Condo Speciel Permit 4 Insuffic iwd InkfUlAtiOn Special Permit Lies not Listed but Similar B use R-6 Density ftecial Permit 5 No asses over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 lnsufficient Ana 3 4 Use PreexWfing Special Permit Required S 2 3PreaAsting COMPOW CBA S 5 InUfflident Infornetion 4 Insutiident Informatlon C $elk H Building Height 1 All setbacks cArr1 1Height Exceeds Maximum 2 3 Front Insuffided Left Side InW"Ident 2 3 Com am Pnexisting Height Q s 4 Right Side InsulficIM 4 Insufficient Infor union 6 Rear Insuffident I Building Cowrags ti Preexssti s 1 Cov exceeds maximum 7 insuffided Inf "union 2 Coverage D Wmwshsd 3 Coverage Preexisting S 1 Not in Watershed i'5 4 Insuffident Information 2 In Watershed j Sign 3 Lot to 10/24/94 1 Sign not allowed 4 Zone to be Determined ZSign Complies 6 Insufficient Infonrwtion 3 Iris dkWd Inforrrretion E Historic nM0' K I Parking 1 I In District review required More Parkm Required 2 Not in dWAd P Parki COMOM 3 Inwificient Information 431nWIfIdOnt InformationPre-exists PaMM FNWVIVvWnw uw M"UVW w •.Iw•.w........— Item a 1 Special Pwaft Planning Board Item f I Variance Site Plan Review Specili PermitSetback Variance Amm other thF Permit an Parkin Variance F I at Pemrit Lot Arm VerWrM Common Driveway Specie Permit Height Variance Congregate htouei Pemtit Variance for Continuing Care Retirement Special Permit lr4opwwwd Eldwfy Homng Special Permit W pwaft Zoni Board Special Pemtit ina Use ZBA Lars Estate Condo Speciel Permit Earth Removal Soacial Permit MA Planned DwellWnaint District Special Permit Special Permit Lies not Listed but Similar Planned Residerdial Special Permit Speew., Permit for n R-6 Density ftecial Permit Special Permit proaximlin nonoonformin Watershed Speciel Permit The above r A W and all adnd aipYeliar d ouch iaboW on du pini red ifamraacn SAMOS . No dohlralva wviwr end or advice shall bs ba id an verbal apYnaYoru by fha opkM ror shad such vWW epleeaara by are appiant save a provide ddr*A orra- to the above rhea s for DENIAL Any Y ecoxecMa, rtihadirrg Y%ma* Or COW ouba4uint dergee b era 'lora mm oubatftied b/ au app1M dw1 be gourde kr ma tetiMr b ba voldad at tlu dhaaaorr d eu F dit Dopwbrr t Tha efb *M doanrd t11id *PM ftadew Nerwtive' shell be seeded hired and r+oapaalad heron by wrarerroa. Tbg h&dr y dapaMrrr Iwo whir d plea and dowrrrfYar for tlu abaa fM. You mut 1M a ruw bubrp par"IT 't posies p OS— O Building Department Ofncial Signature Appkibon Received Denied rL ;-j C-..1 - 11 C—A oh— IJIIThY:rlal�' PI Review Nwra w Tire fs=provided to K~agjWn the rem for dmkd for the applicoWN permit Mr 'pmoft`iadi mWd on the reverse aide: _ 1lD11ti _:.. WC Ile rehIt4 �m� �np-eyvsNN A/ ON -PGN ��'N?!N S/4Lc fc)v-*-- a.� reeuS 1Y1 41&A,' -CLW AWJM a 1�D� a vG{ O a�� -0,v - A vary A.) c c �a� r A"A a jp rr ✓/ A f d PS, i9i"L-z QbA C'2 S r U k •t p r 6J� /��v r �� r w A N^t �J cct�ttf a�< O /4 //1 e L nCSs/ar S s �C�/ nrti�c rh / Il h� rp �,�� o�� )LA� r,C S�/�v��uP{ _ Rat'arrad To: Sep 14 05 02:44p NORTH ANDOVER 9786889542 p.4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN G E Please complete all items 1 10 below: 1. Petitioner: *Name, *Address and telephone number: Paul Gates 18 Stonin ton Street No. Andover MA 01845 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Paul Gates - see attached Exhibit Years Owned Land: 1 3. Location of Property: a. Street: 18 Stonington Street Zoning District: R-4 b. Assessors: Map number: 19 Lot Number: 49 c. Registry of Deeds: Book Number: 9328 Page Number: 2 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 4.122 (14)(c)(3) (parking within 10 feet of lot line Section 8.1(7) (unobstructed parking) "Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: The applicant requests a variance from the design standards and setbacks of the Bylaw. In order to conform to the design standards the removal of mature trees and vegetation will occur. Due to the unique configuration of the lot a substantial hardship will arise as a reggu� t ofA the �e�l giI�1ozcement of the B�law. The above description Shall be used for die purpose of the legal notice and dec sion. more escr pt�on is required pursuant to e Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly 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. ** The applicant proposes to provide 6 parking spaces as required by sec. 4.122(14). 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % B. % 09/14/05 LVED 15:33 tTY/RY NO 3010] Sep 14 05 02:44p NORTH ANDOVER 9786889542 p.5 Page 3 of 4 w n NORTH ANDOVER ZONING BOARD OF APPEALS application for a- �r`s ARI INCE 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units" 'Reference Uses from the Zoning Bylaw & Table 1. *"State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units— Reference Uses from the Zoning Bylaw & Table 1. **State number of units in building(s). 8. 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 Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by thaZpniW Board of this application as incomplete. Type above name(s) here: Paul Gates 09/14/05 WED 15:33 (TX/RX NO 80101 Zoning Bylaw Denial Town Of North Andover Building Department ;,'•_�` 400 Osgood St. North Andover/ MA. 01845 Phone 878488-8546 Fax 8784884642 Street: 6All N Ma Lot: i 9' Applicant: A u CA*CS Request: 11L Acis raw A-4 W T-// 14 UN _ Date: 9' I `l D .S_a . A..wGA-a#inn is Please be advised that atter review of your Applucanon and ranim u1.t yQui err•••^---•• •- DENIED for the following Zoning Bylaw reasons: LV11111 item Notes Mai Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient i4 VA -Ft A) c P--. Dai- /�.aa� / ti Ma 2 Lot Area Preexisting yes 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 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 S 3 Preexisting CBA S 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 I All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height e S 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient 1 Building Coverage Plan Review Narrative The following narrativeA provided to further explain the reasons for denial for the application/ permit for'the property 'indicated on the reverse side: Mai �- 5/,Ow c e ell, r 1� 7�� / �n+e - e yo IP 01V - CON S��OOl441 /y S// irill"C 0 ✓w41/ N /�' i4 VA -Ft A) c P--. Dai- /�.aa� / ti Ma Refer, ed To: Fire � CA-1 ti t) ry c s r � a rft Police yet o Conservation N A&e d CaN Planning C) cam / Olaf Other BUILDING DEPT `'o e, 14 F111-e- S c,n�SS/ot' S s 49, S nc-ue/pG` (,u �� % Le n ,p q v ( o ed Po v O 0- , -e_.. N 7 t r S t' r o Refer, ed To: Fire Health Police )-AZoning Board Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT ADDENDUM TO SPECIAL PERMIT AND VARIANCE -APPLICATION PAUL GATES 18 STONINGTON STREET, NO. ANDOVER, MA SPECIAL PERMIT The Applicant proposes to reconfigure an existing 2 -family dwelling to allow for its use as a 3 -unit multi -family dwelling. Except for the addition of a dormer and enclosed stairway (which leads to an existing landing) as shown of the Plans, no increase in interior floor area is proposed. The proposed conversion is permitted by the Zoning Bylaw §4.122 (14, 4.1) subject to certain conditions. The application satisfies each of the conditions as follows: 1. The Master Plan contemplates that the neighborhood shall be used and developed for housing in a medium density. The addition of a third housing unit in the building, as proposed, is consistent with the Master Plan and will have a negligible impact on density while providing an additional available dwelling. 2. The proposal will provide for an additional housing unit in a neighborhood specifically designated for housing. 3. The proposal substantially preserves and improves the existing late -19`" century building as well as a large shade tree and yard areas. 4. The parking configuration preserves a large shade trade and yard areas. 5. The applicant will satisfy all building, health and safety codes in connection with the rehabilitation and improvement of the house. According to the available records at the Assessor's Office, the lot was layed out and the building was constructed in 1887 and predates the establishment of zoning in North Andover. The lot size, frontage and rear setback do not conform to the present bylaw. However, the house and lot are preexisting non -conforming under G.L. 40A §6 and Section 9.2 of the Bylaw. The Bylaw and Statute permit the alteration and extension of a nonconforming use and building provided that the proposed work and use will not be substantially more detrimental to the neighborhood than the existing structure and use. As described above, Stonington Street is a neighborhood of medium density dwellings, including a mix of single, two-family and multifamily dwellings. The addition of an additional apartment in the building, the enclosed stairway and associated parking is consistent with the existing development pattern and architectural design of the neighborhood. Because no substantial exterior additions are proposed, the exterior of the building will remain similar to the present conditions except for the exterior painting and other fagade improvements already pursued by the applicant as of right. The proposal is consistent with and authorized by the Zoning Bylaw pursuant to §4.122 and is in harmony with the purpose and intent of the Bylaw and Master Plan which provides for medium density housing in this neighborhood. BK 9328 PG MASSACHUSETTS QUITCLAIM DEED I, Sudarshan Chatteriee of 55 South Bradford St., North Andover, Massachusetts 01845, for consideration paid, and in full consideration of FOUR HUNDRED SEVENTY THOUSAND AND 00/100 Dollars ($470,000.00) grant to Paul Gates, Individually, of 40 Batman Street, Unit 2, Beverly, Massadiusetts 01915 with qu tdaim covenanb the following property in Essex County, Massachusetts. The land with the buildings thereon situated on the southeasterly side of Stonington Street in North Andover, Essex County, and bounded as follows: Beginning at a point on said side of said Stonington Stmt one hundred and eighty-five feet southwesterly fioan the southwest lime of Maple Avenue; thence running southwesterly on said line of Said SW*gtan Street eighty five feet to land of J.H. Stone, now or formerly; thence tuning at right angles to said Stonington Street and running southeastlery be land now or formerly of J.S. Stone one hundred feet; thence turning at right angles and naming northeastmiy by land now or formerly of J.H. Stone eighty five feet; thence turning at right angles and nrming iioathwesterly by land now or formexly of J.H. Stone one hundred feet to the point of beginning and containing 8,500 square feet. Being the same premises conveyed to the herein named grantor(s) by deed recorded with E&* Nor District Registry of Deeds in Book 7658, Page 314.a ®" r . Ns Witness my/our hand(s) and seal(s) this day o��"�'�. Lo,o D i + � 0 4;q p ' Nei � CA e ' I. �w i- jKkQkA% CAPAYVW n ceaaeaiee Essex, ss. C* cz W tw On this O/Al day of January, 2005, before me, the undersigned notary public, personally appeared Sudarshan Chatterjee , proved to me through satisfactory evidence of identification, which was/were ?jMass. driver's license(s) or [ j , to be the.person(s) whose name(s) is/am signed on the precS#w or attached document, and acknowledged to me that he/shetthey signed it volgQarily for its se. BARRY R. FlNEGM Nt7TARY PUBLIC Notary Public:. MWAPMMTMOFW° My Commission Expires: t' PROPERTY ADDRESS: 18 Swnington Street North Andover, MassadhIsetts 01845 VARIANCE The applicant proposes to satisfy the parking requirements of the Zoning Bylaw by providing parking as shown on the plan. The applicant could provide parking in a configuration which would require the destruction of a very large shade tree, the existing grassed yard area and the installation of paving throughout the lot. This needless destruction of a mature tree would be required by the literal application of the Bylaw. The long established Red Maple tree is a `soil condition' which is unique to the lot which does not affect the neighborhood generally. A substantial financial hardship would arise if the applicant were to be required to remove the tree, the stump and the related regrading and paving. The removal of the tree and yard area would create an unnecessary conflict with Bylaw §4.122 (14.1)(iv) which directs the applicant to attempt to preserve established, mature vegetation. A hardship arises when the design standards conflict with the parking standards of the bylaw. The removal of the tree would have a detrimental impact not only on the property itself but would also remove a valuable natural buffer between the parking area and the neighboring properties. The installation of impervious surfaces for parking, by contrast, will increase runoff and heat and will likely be perceived by the neighbors as more detrimental than the proposed parking arrangement. The requested relief can be granted without derogation from the intent and purpose of the Bylaw and without substantial detrimental impact to the public good. The proposed relief would result in a parking arrangement which is substantially the same as the parking arrangements already established as a `de facto' design standard in the neighborhood. The parking arrangement will not cause undue traffic congestion or delay nor will it result in an unsightly arrangement of vehicles. SUMMARY Request is made that the Zoning Board grant such relief, including but not limited to: 1. a special permit pursuant to §4.122 to permit the creation of a third dwelling unit 2. finding pursuant to §9.2 that the extension of the nonconforming building on a nonconforming lot will not be substantially more detrimental to the neighborhood than the existing building and lot and 3. the variances from Section 8.1 - the design standards for parking — to permit parking in the configuration proposed on Applicant's plan. all of which are required to authorize the construction, use and occupancy of the building as proposed in this Application. Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing Subiect Pronertv: MAP PARCEL Name Address 19 49 Sudarshan Chatterjee 18 Stoninc North Andover, MA 01834 Abutters Properties Go Paul Gates Map Parcel Name Address 20 1 Jose Silveria V3.1 Dudley Street, North Andover, MA 01845 20 2 James Sherlock \,X Dudley Street, North Andover, MA 01845 20 3 Kathleen Kirkpatrick \1,45 Third Street, North Andover, MA 01845 20 4 Karen Mulcahy \./7 Third Street, North Andover, MA 01845 20 5 John Lyons L,655 Third Street, North Andover, MA 01845 20 6 Todd Crane X49 Middlesex Street, North Andover, MA 01845 30 23 Marguerite Lafond ��laple Avenue, North Andover, MA 01845 30 21 Scott Nelson ✓3 Third Street, North Andover, MA 01845 30 22i. William Laflamme fi C4 d90 Maple Avenue, North Andover, MA 01845 1D ` I"7� 30 30 r��MwlRouthier Irrevocable Trust '88 Maple Avenue, North Andover, MA 01845 r`C+'u v ve 30 24 Roman Catholic Church vli4orth Andover, MA 01845 0-17-05 30 3194 Stanley Wojcik V94 -Maple Avenue, North Andover, MA 01845 30 3196 Bonnie Kanner-Mascolo 196 Maple Avenue, North Andover, MA 01845 19 10-U56 Peter Otis x,56 Maple Avenue, North Andover, MA 01845 19 10-U58 Richard D'elia k,56 Maple Avenue, North Andover, MA 01845 19 11 Michael Flynn \,66 Maple Avenue, North Andover, MA 01845 19 12-U1 Andrew Wright \-M-72 Unit 1 Maple Avenue, North Andover, MA 01845 19 12-U2 Thomas Beasley 1,-72 Maple Avenue, North Andover, MA 01845 19 12-U3 Carol Declercq 70-72 Unit 3 Maple Avenue, North Andover, MA 01845 19 34 Adams Realty Trust t,� Central Street, Concord, MA 01742 19 35 John Bransfield \_.25 Maple Avenue, N.ortfi—Mdover, MA 01845 19 36 Sylvia Schofield )rO U I (Al I Mill Street, Marichestef, MA 01944 V-ri +LA f ut-P 19 37 Stewart Realty Trust L,69 Bradstreet, North Andover, MA 01845 19 38 William Brooks y,�WjZjA4 Second Street, North Andover, MA 01845 19 39-U1 Sean Guertin 88 SE:cond Street, North Andover, MA 01845 19 39-U2 Daniel Moriarty pp. -j Second Street, North Andover, MA 01845 19 40 Robert Dalton if V/ 4w Second Street, North Andover, MA 01845 /0 17 -OS 19 62 Wanda Navarro Cr,&Si MR 8 Morris Street, North Andover, MA 01845 JP- !Z -QS 19 41 Joseph Donofrio \.�X Moms Street, North Andover, MA 01845 19 43 Benjamin Horn L,47 Stonington Street, North Andover, MA 01845 19 56 John Cahill rA+,' YO44 7 Stonington Street, North Andover, MA 01845 /D 19 63 Louis Luciano rt✓ vk43 Stonington Street, North Andover, MA 01845 S 19 44 Stonington Street RT L,� Stonington Street, North Andover, MA 01845 19 45 Stephen SavinoV3 Stonington Street, North Andover, MA 01845 01845 f E � Uf A'0 19 46 Robert Moeller Yt-\\1UO t J 216 Foster Street. North Andover, MA 19 47 13 Stonington Street TR 25 Stonington Street, North Andover, MA 01845 y -e +OVA -ed 19 48 McEvoy 1996 Family TR -,403 Fanwood Drive, North Andover, MA 01845 19 59 Arthur Dufresne 1185 Maple Avenue, North Andover, MA 01845 19 54 Everett Woodhouse L KDudley Street, North Andover, MA 01845 19 61 Scott Hanley t/21 Dudley Street, North Andover, MA 01845 19 53 Robert Kawash v25 Dudley Street, North Andover, MA 01845 19 50 Augustine McDonald -t�P.O. Box 74, Melvin Village, NH 03850 MA 01810 4 19 51 rk4\A4Stonington RE Prop. LLC _ 16 Coliidge Road, Andover, rr-41,, we 19 52 Veronica Reed L,4-2 Stonington Street, North Andover, MA 01845 19 66 David Tillman kt6 Stonington Street, North Andover, MA 01845 19 60-U14 Valerie Larossa uj2 Stonington Street, North Andover, MA 01845 19 60-U12 Gina Wakelin Stonington Street, North Andover, MA 01845. This cert' PSAI .OtAhe names appeanng on the rarnM • the ;Assessors//Office as (if 9 40 RAN 14� ,4 J. Michael Sullivan A.I.A. 10 Lee Street to; 18 Stonington Street SS Elevation Date: August 8 2005' Scale: 1/4" =1'-0" Salem Ma 01970 North Andover, MA Two Family to Three . , Family Dwelling I /r, III. N -MI J. Michael Sullivan A.I.A. 10 Lee Street - Salem Ma 01970 64 oil 77 Renwaflonsto; West Elevatio 18 Stonington n StrM NoM Andover, mA Two Family to Thm Family Dwelling Bob: August ,8,2005 Scale: 1/4" = V49 Drawing A-2 I� J. Michael Sullivan A.LA. _. 10 Lee Street Salem Ma 01970 Reanvoku tn; 18 Stonington Street North Andover, MA Two Family to Three Family Dwelling Basement Data August 8, 2005 Scale: 1/4" = F -W' Drawing A-3 0 3 - J. Michael Sullivan A.I.A.- Re=vatim to, 10 Lee Street --18 Stonington street Salem Ma 01970 North Andover, MA Two Family to Three Family Dwelling Mi First Floor Plan Unit I Deft: AupA 8, 2005 Scale: 1/4" =1'-0" A A J. Michael Sullivan A.I.A. 10 Lee Street Salem Ma 01970 Rcaovafioaa te, 18 Stonington Street- North Andover,. AM Two Family to Three Second- Floor WaY! Unit 2 and 3 Due: Augur 7, 2005 sole: as-now Family Dwelling n..o.�.... S_� a M I Michael Sullivan A.Q.A. 10 Lee Street Salem Ma 01970 Rewvadm to;Third 18 Stonington Street North Andover, MA Floor Flan Unit 3 : AugM 8, Zoos Scale: Two Family to Three Drawing A-6 Family Dwelling Nff M/F KATHLEEN KIRKPATRICK Nff KAREN MUCAMNY JOMNUONS 08 THIRD STREET TODD CRANE 45 THRD STREET BY THIRD STREET 149 MIDDLESEX STREET DUDLEY STORT 7. age_ 21 TORY STORY WOOS ORY STORY yy WOOD 9 VKW O-- # 31 1 1 Nff EVERETTE R. d RUTH E. WOODHOUSE IGF kiF - R9WT E i JANE E. JOSE SILVEIRA A MARY - Nff KAVIIASH ELISE W M .. NN .. SCOTT O.HANLEY- ARTHUR J. d DONNA M. DUFRESNE j=KME D' Kf THE JOHN T. MCENVOY 988 FAIRLY TRUST GNA M. d RONALD J. WAKELIN f r LOT 49Nff �i 8,500 S.F. K GAR. SCOTT D. PECKHAM COO STONNW40N REAL 13.0• J:8 • 34.8• ESTATE PROPERTY, LLC _ --- PROP. EDORESS 4A•"i ALKMISTNE J. 8 MIN MARIE STORY 1\ !A' 'Co"' WOOD t V X21 6 PARK O CSTORY �� $TORY WOOD 24 12 - WOOD �.. 2 a STORY� WOOD t -24 Xf e 932-34 -,-or - ztN Ado •, STONINGTON STREET STEMNRT REALTYTRUST 65 d OF MAPLE AVE. IMF NN NIF Nff 11STOMNGTON STREET TR Nff ROBERT MOELLER STEP I SAVNO STORINGTON STREET RT ST LOUIS LUCMNO TIO 33 d IB SNOWT N 11 d 15 STONRIGPoN STREET 10 STONIMMUN STREET STREET STREET SCALE: 1" = 40' NE SYLVYL SOHOF1ElD - 57 a 58 MAPLE AW. Mff WRLIAM4Rom M $ED= STREET I ff WANDA NAVARRO - 1 B MORRIS STREET Nff Nff SEAN GUERTIN BO$EGOND Bn1EET JOHN BRANSFELD SS MAPLE AVE. DANEI;01OR61RTf BDEEDOND mar .rte/ .,�� fl�►��. �. re� AX STREET ROBERT ROBERT DALTON BB SROOND MEET ADAMS REALTY TRUST 4o d 51 MAPLE AVE. �O. ��/ 4 , y �rR7 Ot 0ORTH TOWN OF NORTH ANDOVER SPECIAL PERMIT �_•':+``.'`'"°} ZONING BOARD OF APPEALS NAME A1101�,` tssc►niset ADDRESS OF APPEAL _ Procedure & Requirements for an Application for a Special Permit Ten (10) copies of the following information must be submitted thirty (30) days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zonina Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items that are underlined. STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: SPECIAL PERMIT APPLICATION FORM Petitioner completes an application form to petition the Board of Appeals for a Special Permit. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 4: LIST OF PARTIES IN INTEREST: The petitioner requests the Assessors Office to compile a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. - _ aif..:..- a.F-iL:r.wY �E....d�.;�i�eµwr ..�l�s�-•• ^.3.:. cp _ � ..... . vim. .... IMPORTANT PHONE NUMBERS: STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. 978-688-9533 Office of Community Dev. & Services 400 Osgood Street North Andover, MA 01845 978-688-9542 fax for all Community Development offices 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision, Mylar, and any accompanying plans at the Essex County North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. North Andover Town Hall 120 Main Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office PAGE 4 OF 4 SPECIAL PERMIT a 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Special Permit from the requirements of MGLA ch. 40A, and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. Each point, 1-6 individually, is required to be addressed with this application. 1. The particular use proposed for the land or structure. 2. The specific site is an appropriate location for such use, structure or condition. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. The use is in harmony with the purpose and intent of t Zoning Bylaw. 6. Specific reference and response to the criteria required by the particular Special Permit for which this application is made (i.e. the Earth Removal Special Permit has unique criteria and submittal requirements.). 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: I) five or more parking spaces, II) three (3) or more dwelling units, III) 2000 square feet of building area. Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. *10. B. *Plan Specifications: I) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 11x1711, preferred scale of 1"=40' I1) One (1) Mylar. IIn Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Included On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. I1) Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer or surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisks (*). In some cases further information may be required 11. APPLICATION FILING FEES A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1760-4841" for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 37¢) x the # of parties of interest on the abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8" (3 copies for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of $50.00 per application. ► ► ► ► 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 Sep 13 05„10:001 NORTH ANDOVER 978GB89542 p.3 PAGE 2 OF 4 Date & Time Stamp North ANDOVER ZONING BOARD OF APPEALS application for -a SPECIAL PERMIT Please complete all items 1 -10 below: 1. Petitioner: *Name, *Address and telephone number: Paul Gates 18 Stonington Street, No. Andover, MA 01845 508 878 2426 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number and number of years under this ownership: Paul Gates - see attached Exhibit. 3. Location of Property: a b C Years Owned Land: 1 Street: 18 Stonington Street Zoning District: Assessors: Map Number 19 Lot Number: 49 Registry of Deeds: Book Number 9328 Page Number: 2 R-4 4. Zoning Bylaw Section(s) under which the petition for the Special Permit is made. Section 4.122 (14.1) (additional dwelling unit in existing 2 -family house) Section 9.1 and 9.2 (extension of non-confoYming use and structure) (Sections 10.3 and 10.31 - Special Permit's) "Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: The Applicant requests a Special Permit to convert an existing 2 -family dwelling to a 3 -family dwelling with associated off street parking. The existing dwelling contains a large 2 -story apartment which is proposed to be reconfigured into (1): 2=bedroom apartment and (1) 1 -bedroom apartment. The proposed construction will include the addition of a dormer and enclosed porches. There shall be no increase in the interior living space. Parking as required by the Bylaw shall be provided as shown on P1an:B. 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, section 9 of this application. cm vim- tr� x M. to -t-1 -0 , Z rq _r C' .- ,- - rn 09/13/0 TUE 10:50 (TX/RX \0 79581 Sep 13 05 10:00a NORTH ANDOVER 9786889542 p,4 Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application fora SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Coverage 8,500 6,705 11.1 % 6B. Proposed Lot(s): Frontage Parking Feet Spaces 85 4 Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 8,500 N/A N/A % 85 6 6C. Required Lot: (As required by Zoning Bylaws & Table 2)) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 12,500 N/A N/A % 100 6 7A. Existing Building(s): Ground Floor Number of Total Square feet Floors Sq. feet 1443 3" t 3625 7B. Proposed Building(s): Ground Floor Number of Total Square feet Floors Sq. feet 1443 3625 Use of Building* Residential 2-Fami Minimum Lot Setback Front Side A Side B Rear 12.9 15.1 34.6 22.4 Minimum Lot Setback Front Side A Side B Rear 12.9 15.1 34.6 22.4 Minimum Lot Setback Front Side A Side B Rear 30 15 15 30 *Reference Uses from the Zoning Bylaws & Table 1. "State number of units in building. Use of Building" Residential Multi -Family `Reference Uses from the Zoning Bylaws & Table 1. "State number of units in building. Number of Units*" 2 Number of Units** 3 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. Evers application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zornn 133r tis plication as incomplete. TVpe above names here Paul Gates 09'13/0 TLE 10:0 [TC/RC \0 79581 NOOTH ��" •'"° Zoning Bylaw Denial Town Of North Andover Building Department `.� ,,: �.�•�, 400 Osgood St North Andover, MA. 01845 Phone 8784884*45 Fax 878488.9542 Street:70 ZI LV -kj Ma Lot: /? Applicant: -- A u/ CA t£ S Request: p < (a)u 4-1 G� € // [ti n, -3— Date: 9' / tl 5 Please be advised that after review of your Application ana Plans Mali your mpprrrrauw" so DENIED for the following Zoning Bylaw reasons: Zoning Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Item Notes Common Driveway Special Permit Item Notes A Lot Area Special Permits Zoning Board F Frontage Large Estate Condo Special Permit 1 Lot area Insufficient Special Permit Use not Listed but Similar 1 Frontage Insufficient R-6 Density Special Permit 2 Lot Area Preexisting `t 14�5 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 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 Y S 3 Preexisting CBA yeS 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 S 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks S 1 Covera a exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting ze S 1 Not in Watershed r 4 Insufficient Information 2 In Watershed d Sign �/ q 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district 2 Parking Complies 3 Insufficient Information 3 1 Insufficient Information 4 1 Pre-existing Parking Remedy for the above is checked below. Item * Special Permits Planning Board Item a 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 Hei ht Variance Congrggete Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit SiDecial Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit special Permit Preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based an the plans and mbmiation submitted. No definitive review and or advice shah be based an verbal eapa shons by the appkcart nor shall such verbal en0MnMiora by the applicant serve to provide definitive anwms to the above reasons for DENIAL. Any inaccuracies, misleading Marrrartion, or 011M subsequent dwVes to the Information submitted by the applicant shall be grounds far this review to be voided at the discretion of the Building Depertrnerit. Thal " ' l r'doc umwd tkbd'Pi@n Review Narrative' shale be attached hereto and incorporated heroin by reference. The building dWwb, ant will retain all plana and documentation for the above file. You must The a new building pertmt and begin the p Building Department Official Signature Applic6tion Received ApplibatiqDenied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following nanative;is provided to further explain the reasons for denial for the application/ permnit'f6e,the property indicated on the reverse side: : ' Health Police Zoning Board. 47- 67 0 YY Department of Public Works rn 1,41 .S �,Ct1 �=� a.� a Other BUILDING DEPT 104— C?CjW far^ PAS jti MA D . ►^� v r,n e d � s d2 pig letN a Oe s �- 17u��tti `/ dl �P.Ol f J �^ e .t9 0 (�l e a S U Y} -P t9 G 7 7 V, U a h 4 iL p W r &/(n Rq f X(T e.a N. 61U Le- 0 r N r( r �2 Fire Health Police Zoning Board. Conservation, Department of Public Works Planning Historical Commission Other BUILDING DEPT ADDENDUM TO SPECIAL PERMIT AND VARIANCE -APPLICATION PAUL GATES 18 STONINGTON STREET, NO. ANDOVER, MA SPECIAL PERMIT The Applicant proposes to reconfigure an existing 2 -family dwelling to allow for its use as a 3 -unit multi -family dwelling. Except for the addition of a dormer and enclosed stairway (which leads to an existing landing) as shown of the Plans, no increase in interior floor area is proposed. The proposed conversion is permitted by the Zoning Bylaw §4.122 (14, 4.1) subject to certain conditions. The application satisfies each of the conditions as follows: 1. The Master Plan contemplates that the neighborhood shall be used and developed for housing in a medium density. The addition of a third housing unit in the building, as proposed, is consistent with the Master Plan and will have a negligible impact on density while providing an additional available dwelling. 2. The proposal will provide for an additional housing unit in a neighborhood specifically designated for housing. 3. The proposal substantially preserves and improves the existing late- 19 century building as well as a large shade tree and yard areas. 4. The parking configuration preserves a large shade trade and yard areas. 5. The applicant will satisfy all building, health and safety codes in connection with the rehabilitation and improvement of the house. According to the available records at the Assessor's Office, the lot was layed out and the building was constructed in 1887 and predates the establishment of zoning in North Andover. The lot size, frontage and rear setback do not conform to the present bylaw. However, the house and lot are preexisting non -conforming under G.L. 40A §6 and Section 9.2 of the Bylaw. The Bylaw and Statute permit the alteration and extension of a nonconforming use and building provided that the proposed work and use will not be substantially more detrimental to the neighborhood than the existing structure and use. As described above, Stonington Street is a neighborhood of medium density dwellings, including a mix of single, two-family and multifamily dwellings. The addition of an additional apartment in the building, the enclosed stairway and associated parking is consistent with the existing development pattern and architectural design of the neighborhood. Because no substantial exterior additions are proposed, the exterior of the building will remain similar to the present conditions except for the exterior painting and other fagade improvements already pursued by the applicant as of right. The proposal is consistent with and authorized by the Zoning Bylaw pursuant to §4.122 and is in harmony with the purpose and intent of the Bylaw and Master Plan which provides for medium density housing in this neighborhood. VARIANCE The applicant proposes to satisfy the parking requirements of the Zoning Bylaw by providing parking as shown on the plan. The applicant could provide parking in a configuration which would require the destruction of a very large shade tree, the existing grassed yard area and the installation of paving throughout the lot. This needless destruction of a mature tree would be required by the literal application of the Bylaw. The long established Red Maple tree is a `soil condition' which is unique to the lot which does not affect the neighborhood generally. A substantial financial hardship would arise if the applicant were to be required to remove the tree, the stump and the related regrading and paving. The removal of the tree and yard area would create an unnecessary conflict with Bylaw §4.122 (14.1)(iv) which directs the applicant to attempt to preserve established, mature vegetation. A hardship arises when the design standards conflict with the parking standards of the bylaw. The removal of the tree would have a detrimental impact not only on the property itself but would also remove a valuable natural buffer between the parking area and the neighboring properties. The installation of impervious surfaces for parking, by contrast, will increase runoff and heat and will likely be perceived by the neighbors as more detrimental than the proposed parking arrangement. The requested relief can be granted without derogation from the intent and purpose of the Bylaw and without substantial detrimental impact to the public good. The proposed relief would result in a parking arrangement which is substantially the same as the parking arrangements already established as a `de facto' design standard in the neighborhood. The parking arrangement will not cause undue traffic congestion or delay nor will it result in an unsightly arrangement of vehicles. SUMMARY Request is made that the Zoning Board grant such relief, including but not limited to: 1. a special permit pursuant to §4.122 to permit the creation of a third dwelling unit 2. finding pursuant to §9.2 that the extension of the nonconforming building on a nonconforming lot will not be substantially more detrimental to the neighborhood than the existing building and lot and 3. the variances from Section 8.1 - the design standards for parking — to permit parking in the configuration proposed on Applicant's plan. all of which are required to authorize the construction, use and occupancy of the building as proposed in this Application. BK 9328 PG MASSACHUSETTS QUITCLAIM DEED 1, Sudarshan Chattcr ea of 55 South Bradford St., North Andover, Massachusetts 01845, for consideration paid, and in full consideration of FOUR HUNDRED SEVENTY THOUSAND AND 00/100 Dollars ($470,000.00) grant to Paul Gates, Individually, of 40 Butman Street, Unit 2, Beverly, Massachusetts 01915 with quHdaim cowman the following proPerty in Evac County, Massachusetts. The land with the buildings thereon situated on the southeasterly side of Stonington Street in North Andover, Essex County, and bounded as follows: Beginning at a point on said side of said Stonington Street one hundred and eighty-five feet southwesterly from the southwest line of Maple Avenue; thence naming southwesterly on said line of Said Stonington Street eighty five feet to land of J.H. Stone, now or formerly; thence turning at right angles to said Stonington Street and running southeastlery be land now or formerly of J.S. Stone one hundred feet; thence turning at right angles and running northeasterly by land now or formerly of J.H. Stone eighty five feet; thence turning at right angles and running northwesterly by land now or formerly of J.H. Stone one hundred feet to the point of beginning and containing 8,500 square feet. Being the same premises conveyed to the herein named graator(s) by deed recorded with Es c Nadh ► District Registry of Deeds in Book 7658, Pap 314. Asa sN r Witness my/our hands) and sed(s) this day oV0.,,, . f : r udatsban ChatterJee r O LAO ''r i! ri t•� 7: COMMONWEALTH OYMA59XCS Essex, ss. On this ?/At day of January, 2005 , before me, the undersigned notary public, personally appeared Sudarshan Cha---ee , proved to me through satisfactory evidence of idecrtification, which was/were [✓f Mass. driver's license(s) or [ j . to be the.person(s) whose name(s) is/are signed on theor attached document, and acknowledged to me that he/she" signed it volu$�arily for its quT wpose. BARRY R. FlNEAOID NOTARY PUBLIC Notary Public: �TMOF� My Commission Expires:MWN4'mm PROPERTY ADDRESS: 18 Stonington Street North Andover, Massachusetts 01845 Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing SubiectProoe MAP PARCEL Name Address 19 49 Sudarshan Chatterjee 18 Stoninc North Andover, MA 01834 Abutters Properties c/o Paul Gates Map Parcel Name Address 20 1 Jose Silveria 31 Dudley Street, North Andover, MA 01845 20 2 James Sherlock 37 Dudley Street, North Andover, MA 01845 20 3 Kathleen Kirkpatrick 45 Third Street, North Andover, MA 01845 20 4 Karen Mulcahy 57 Third Street, North Andover, MA 01845 20 5 John Lyons 65 Third Street, North Andover, MA 01845 20 6 Todd Crane 149 Middlesex Street, North Andover, MA 01845 30 23 Marguerite Lafond 99 Maple Avenue, North Andover, MA 01845 30 21 Scott Nelson 33 Third Street, North Andover, MA 01845 30 22 William Laflamme 90 Maple Avenue, North Andover, MA 01845 30 30 Routhier Irrevocable Trust 88 Maple Avenue, North Andover, MA 01845 30 24 Roman Catholic Church North Andover, MA 01845 30 3194 Stanley Wojcik 94 Maple Avenue, North Andover, MA 01845 30 3196 Bonnie Kanner-Mascolo 96 Maple Avenue, North Andover, MA 01845 19 10-U56 Peter Otis 56 Maple Avenue, North Andover, MA 01845 19 10-U58 Richard D'elia 58 Maple Avenue, North Andover, MA 01845 19 11 Michael Flynn 66 Maple Avenue, North Andover, MA 01845 19 12-U1 Andrew Wright 70-72 Unit 1 Maple Avenue, North Andover, MA 01845 19 12-U2 Thomas Beasley 72 Maple Avenue, North Andover, MA 01845 19 12-U3 Carol Declercq 70-72 Unit 3 Maple Avenue, North Andover, MA 01845 19 34 Adams Realty Trust 125 Central Street, Concord, MA 01742 19 35 John Bransfield 55 Maple Avenue, North Andover, MA 01845 19 36 Sylvia Schofield 11 Mill Street, Manchester, MA 01944 19 37 Stewart Realty Trust 59 Bradstreet, North Andover, MA 01845 19 38 William Brooks 84 Second Street, North Andover, MA 01845 19 39-U1 Sean Guertin 88 Second Street, North Andover, MA 01845 19 39-U2 Daniel Moriarty 90 Second Street, North Andover, MA 01845 19 40 Robert Dalton 96 Second Street, North Andover, MA 01845 19 62 Wanda Navarro 18 Moms Street, North Andover, MA 01845 19 41 Joseph Donofrio 28 Moms Street, North Andover, MA 01845 19 43 Benjamin Horn 47 Stonington Street, North Andover, MA 01845 19 56 John Cahill 37 Stonington Street, North Andover, MA 01845 19 63 Louis Luciano 33 Stonington Street, North Andover, MA 01845 19 44 Stonington Street RT 31 Stonington Street, North Andover, MA 01845 19 45 Stephen Savino 25 Stonington Street, North Andover, MA 01845 19 46 Robert Moeller 216 Foster Street, North Andover, MA 01845 19 47 13 Stonington Street TR 25 Stonington Street, North Andover, MA 01845 19 48 McEvoy 1996 Family TR 103 Farrwood Drive, North Andover, MA 01845 19 59 Arthur Dufresne 85 Maple Avenue, North Andover, MA 01845 19 54 Everett Woodhouse 9 Dudley Street, North Andover, MA 01845 19 61 Scott Hanley 21 Dudley Street, North Andover, MA 01845 19 53 Robert Kawash 25 Dudley Street, North Andover, MA 01845 19 50 Augustine McDonald P.O. Box 74, Melvin Village, NH 03850 19 51 Stonington RE Prop. LLC 16 Collidge Road, Andover, MA 01810 19 52 Veronica Reed 42 Stonington Street, North Andover, MA 01845 19 66 David Tillman 46 Stonington Street, North Andover, MA 01845 19 60-U14 Valerie Larossa 12 Stonington Street, North Andover, MA 01845 19 60-U12 Gina Wakelin 14 Stonington Street, North Andover, MA 01845 This names appearing on the sessors%Office as of RM -14 I F - '4, i 4 i, f �� Illlllc�l� J. Michael Sullivan A.I.A. 10 Lee Street 18 Stonington Street East Elevation Daft: AuVW $, 2M' Scale: 1/4"= I' -W' Salem Ma 01970 f ,. _,_ A I �1 Family Dwelling R� 111 s i 4 I 1? } �1 E i F i t t e t i J. Michael Sullivan A.I.A. 10 Lee Street 18 Stonington Street East Elevation Daft: AuVW $, 2M' Scale: 1/4"= I' -W' Salem Ma 01970 North Andover, MA Two Family to Three ,. _,_ A I Family Dwelling � rte• - — ---- ........�., '_ : � - � ; i lit il J. Michael Sullivan A.LA.- 10 Lee street Salem Ma 01970 18 Stonington Street North Andover, MA Two Family to Three Family Dwelling Basement Date. August 8, 2005 Scale: 1/4" - P-0" Drawing A-3 0 J. Michael Sullivan A.I.A. 10 Lee Street Salem Ma 01970 Ra ovafioaa to; 18 Stonington Street North Andover, MA Two Family to Three Family Dwelling Third Floor Plan Unit 3 Daft: A t 2005 Scale: '/V-1'-0" Drawing A-6 RIF NIF KATHLEEN KIRKPATRCK kff KAREN MlJCAH 1Y IQMRi,LYONs eB TMNTD STREET NOF Toon CRANE 45 THIRD STREET 67 THIRD STREET 146 MIDDLESEX STREET DUDLEY STREET 21 aTORY STORY $TORY W000 STORY WOOD WOOD # 8 WOOD _Tao'-- # 31 16. 1 NIF EVERETTE R. a RUTH E. WOODHOUSE � NIF - R9{ERT & d JANE E. JOSE SILVEIRA A MARY NIF KAWARI ELISE YWTTZ '-- -- -- - -- — ------ :-r-- _' SCOTT G.HANLEY ARTHUR J. d DONNA M. DUFRESNE BLK GAR.THE L Rif Nff JOHN T. MCENVOY 666 FAMLYTRUST GNA Y. a RONALD J. WAKELN t LOT 49 NIF Fi 8,500 S.F. K GAR. SCOTT D. PEGDWI Cb STONNGTON REAL 34.6' ESTATE PROPERTY, LLC PROP. EDS 4.0"1 kiF 21 AIJOUSTNE J. a ANN MARIE STORY WOOD $t6t__ �\ 00' x;21 \ 6 PARK O lwmw STORY MCDONALD WOOD 21 `STORY STORY # 12 WOOD no' +�ON WOOD # -4 $18 \ 3234 41.5' rNo STONINGTON STREET STEWART REALTYTRUST 65 a 67 MAPLE AVE. Nff N ff NIF NIF 17 STONNGTON STREET TR NIF ROBERT MOELLER STEPHEN SAV6q 23 a 76 STOMMIGN STONN6TON STREET RT 20 a 51 STONNGTON LOUIS UJCYINO ]i a 8 STq SISTO 1 1/ a /d STON0IGTON STREET 16 STOMNGTON STREET B7REET STREET STREET SCALE: 1" = 40' NB , 57 d fM YAPLE AVE. NIF VALLMM6ROOK8 M SECOND STREET - NO VMNDA NAVARRO 16 MORRISSTREET NOF NIF BEAN GUERTN M 8EOOND STREET JOHN BRMSFIELD 55 MAPLE AVE. DANIEL MORIARTY 00 SEOOND STREET �AWCA STREET NIF RQ6ERT d1LTON NOF 0! BEC01J0 BTREET 4 REALTY TRUST A 51 46 8 51 MAPLE AVE. �, , , 446 .� tib. ♦--- ir f .