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ZONING BOARD OF APPEALS
Albert P. Manzi III, Esq. Chainmau
Ellen P. McIntyre, Vice -Chairman. A
Richard J. Byers, Esq. Clerk aF NORTH q ZQI� I�l1R 26 AIl, 11 20
Joseph D. LaGrasse iv b" t" 6*6� 0
16chard M. Vaillancourt o
Associate Members A
O a I is
N
Thomas D. Ippolito ? A# �'i `J {'i. P i ;...z,'
Daniel S. Braese, Esq. 74Q�F,TaG �P"ygh
Michael P. Liporto �SSACFIU 'Town Clerk Time Stamp
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
Notice of Decision
Year 2010
Pronertv at: 39 Rn.cerlale AvPnnP
NAME: Alberto Deldotto JR
HEARING(S): February 9, 2010, and March 9, 2010
ADDRESS: 39 Rosedale Avenue(Map 47, Parcel
12) North Andover, MA
PETITION: 2010-002B
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall, 120
Main Street, North Andover, MA on February 9, 2010 and March 9, 2010 on the application of Alberto
Deldotto, JR located at 39 Rosedale Avenue (Map 47, Parcel 12), North Andover, MA 01845.
Petitioner is requesting a Variance to add a deck to rear of existing house (Section 7.3) in an R-3 Zoning
District.
Legal notices were sent to all names on the abutter's list and hearing was published in the Eagle -Tribune,
a newspaper of general circulation in the Town of North Andover, on January 26, 2010 & February 2;
2010.
The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers,
Thomas Ippolito and Michael P. Liporto.
VARIANCE:
Upon a motion by Richard Byers and 2°d by Michael P. Liporto, the Board voted to GRANT a Variance
per paragraph 7.3 Yards (setbacks) of the Zoning bylaws to allow the construction of a deck with rear
setbacks of 26.35' be constructed where 30' rear setbacks are required in the R-3 Zoning District.
The following members voted in favor of the Special Permit Albert P. Manzi III, Richard J. Byers
Thomas Ippolito and Michael P. Liporto.
Not in favor of the Special Permit, Ellen P. McIntyre. VOTE: 4-1 in favor of the Variance.
Site:
Section 7.3 of the Zoning bylaws to add a deck to rear of existing home.
Plan(s) Title:
1)Drawing of the "Plan of land" containing one sheet (1) dated October
5, 09 Drawings from Merrimack Engineering Services of Andover, MA
01810
2)Drawings of "Cover Sheet, Floor Plans, Exterior Elevation, Exterior
Elevation Building Section, Framing Plans and Roof Plans, Exterior
Details, and Window Detail Specification", containing seven (7) sheets
Page] of 2
The Board finds that the applicant has satisfied the provisions of Section 7.3 of the Zoning Bylaw in order
to add a deck to rear of an existing home at 39 Rosedale Avenue (Map 47 Parcel 12) in the R-3 Zoning
District.
The Board finds that that owing to circumstances relating to soil conditions, shape, or topography of the
land or structures and especially affecting such land or structures but not affecting generally the zoning
district in general, a literal enforcement of the provisions of the Bylaw will involve substantial hardship,
financial or otherwise, to the petitioner or applicant. The Board finds that desirable relief may be granted
without substantial detriment to the public good and without nullifying or substantially derogating from
the intent of the purpose of this Bylaw.
Notes:
This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds, Northern District at the applicant's expense.
The granting of the Variance(s) as requested by the applicant does not necessarily ensure the granting of a
building permit as the applicant must abide by all applicable local, state, and federal building codes and
regulations, prior to the issuance of a building permit as required by the Inspector of Buildings.
If the rights authorized by the Variance are not exercised within one (1) years of the date of the grant, it shall
lapse, and may be re-establis led only after notice, and a new hearing.
No Andover�Zingg Boa d of Appeals
A ert P. Manzi III, Esq., Chairman
Ellen P. McIntyre, Vice Chairman
Richard J. Byers, Esq., Clerk
Associate Members
Thomas D. Ippolito
Michael P. Liporto
Decision 2010-002B
Page 2 of 2
dated December 1, 2009 Drawings from Robert Drew 30 Olive Street
Methuen Ma 01844
Voting in favor: of
Albert P. Manzi III, Richard J. Byers Thomas Ippolito and Michael P.
Variance
Li orto.
Voting in the Negative:
Ellen P. McIntyre
The Board finds that the applicant has satisfied the provisions of Section 7.3 of the Zoning Bylaw in order
to add a deck to rear of an existing home at 39 Rosedale Avenue (Map 47 Parcel 12) in the R-3 Zoning
District.
The Board finds that that owing to circumstances relating to soil conditions, shape, or topography of the
land or structures and especially affecting such land or structures but not affecting generally the zoning
district in general, a literal enforcement of the provisions of the Bylaw will involve substantial hardship,
financial or otherwise, to the petitioner or applicant. The Board finds that desirable relief may be granted
without substantial detriment to the public good and without nullifying or substantially derogating from
the intent of the purpose of this Bylaw.
Notes:
This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds, Northern District at the applicant's expense.
The granting of the Variance(s) as requested by the applicant does not necessarily ensure the granting of a
building permit as the applicant must abide by all applicable local, state, and federal building codes and
regulations, prior to the issuance of a building permit as required by the Inspector of Buildings.
If the rights authorized by the Variance are not exercised within one (1) years of the date of the grant, it shall
lapse, and may be re-establis led only after notice, and a new hearing.
No Andover�Zingg Boa d of Appeals
A ert P. Manzi III, Esq., Chairman
Ellen P. McIntyre, Vice Chairman
Richard J. Byers, Esq., Clerk
Associate Members
Thomas D. Ippolito
Michael P. Liporto
Decision 2010-002B
Page 2 of 2
Albert P. Manzi II1, Esq. Ckaitman
Ellen I'. McIntyre, Vice-Cbairinan
Richard J. Byers, Esq, Clerk
Joseph D. LaGrasse
Richard M. Vaillancourt
Associate Members
Thomas D. Ippolito
Daniel S. Braesc, Esq.
Michael P. Liporto
Town of North Andover
ZONING BOARD OF APPEALS
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
NAME: Alberto Deldotto JR
Notice of Decision
Year 2010
7,�
2D1�fi4��6 AN 11:20
+ v!`�ivrtrtlxrl' ctmp
,rty at: 39 Rosedale Avenue
HEARING(S): February 9, 2010, and March 9, 2010
ADDRESS: 39 Rosedale Avenue(Map 47, Parcel PETITION: 2010-002A
12) North Andover, MA
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall, 120
Main Street, North Andover, MA on February 9, 2010 and March 9, 2010 on the application of Alberto
Deldotto, JR located at 39 Rosedale Avenue (Map 47, Parcel 12), North Andover, MA 01845.
Petitioner is requesting a Special Permit to add a garage with a room above to the existing house
(Section 9.1) in an R-3 Zoning District.
Legal notices were sent to all names on the abutter's list and hearing was published in the Eagle -Tribune,
a newspaper of general circulation in the Town of North Andover, on January 26, 2010 & February 2,
2010.
The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers,
Thomas Ippolito and Michael P. Liporto.
SPECIAL PERMIT:
Upon a motion by Richard Byers and 2nd by Michael P. Liporto, the Board voted to GRANT the Special
Permit per paragraph 9.1 of the Zoning bylaw to allow for a pre-existing non conforming structure in the
R-3 Zoning District.
The following members voted in favor of the Special Permit Albert P. Manzi III, Richard J. Byers
Thomas Ippolito and Michael P. Liporto.
Not in favor of the Special Permit, Ellen P. McIntyre. VOTE: 4-1 in favor of the Special Permit.
Site: Section 9.1 of the Zoning bylaws to add a garage with a room above to
the existing home.
Plan(s) Title: 1)Drawing of the "Plan of land" containing one sheet (1) dated October
5, 09 Drawings from Merrimack Engineering Services of Andover, MA
101810
2)Drawings of "Cover Sheet, Floor Plans, Exterior Elevation, Exterior
Elevation Building Section, Framing Plans and Roof Plans, Exterior
Details, and Window Detail Specification", containing seven (7) sheets
dated December 1, 2009 Drawings from Robert Drew 30 Olive Street
Methuen Ma 01844
Page 1 of 2
1llu nuaru imas tnat the applicant has satisfied the provision of Section 9.1 of the Zoning Bylaw in order
to add a garage with a room above to the existing home at 39 Rosedale Avenue (Map 47 Parcel 12) in the
R-3 Zoning District.
The Board finds that this use, as developed by the building & site plans, is an appropriate location for
such a use and will not adversely affect the neighborhood.
There will be no nuisance or serious hazard to vehicles or pedestrians, since there is provision for the
required off-street parking. Adequate and appropriate facilities are provided to the existing residential
dwelling and will be provided for the proper operation of adding the garage and room above it to the
existing home. The Board finds that the addition will not be substantially more detrimental than the
existing dwelling to the neighborhood and that this use, of this addition is in harmony with the general
purpose and intent of this Bylaw
Notes:
1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds, Northern District at the applicant's expense.
2. The granting of the Special Permit(s) as requested by the applicant does not necessarily ensure the granting of
a building permit as the applicant must abide by all applicable local, state, and federal building codes and
regulations, prior to the issuance of a building permit as required by the Inspector of Buildings.
3. If the rights authorized by the Special Permit are not exercised within two (2) years of the date of the grant, it
shall lapse, and may be re-established only after notice, and a new hearing.
North,,Andover Zoning Boa>d of
Alb IP. Manzi III, Esq., C11airma
Ellz P. McIntyre, Vice Chairman
Richard J. Byers, Esq., Clerk
Associate Members
Thomas D. Ippolito
Michael P. Liporto
Decision 2010-002A
Page 2 of 2
F2
Town of North Andover
ZONING BOARD OF APPEALS
Albert P. Manzi III, Esq. Chairman
Ellen P. McIntyre, Vice -Chairman
1-6chard J. Byers, Esq. Clerk
Joseph D. LaGrasse
Richard M. Vaillancourt
Associate Members
Thomas D. Ippolito
Daniel S. Braese, Esq.
Michael P. Liporto
Any appeal shall be filed within (20)
days after the date of filing of this
notice in the office of the Town Clerk,
per Mass. Gen. L. ch. 40A, 17
0
Notice of Decision
Year 2010
PrODerty at: 39 Rosedale Avam -.
_ter=IVCD r,
t,.
2010 26 ANI 11: 20
i'!ORI
.,
Town Clerk Time Stamp
NAME: Alberto Deldotto JR
HEARING(S): February 9, 2010, and March 9, 2010
ADDRESS: 39 Rosedale Avenue(Map 47, Parcel
12) North Andover, MA
PETITION: 2010-002B
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall, 120
Main Street, North Andover, MA on February 9, 2010 and March 9, 2010 on the application of Alberto
Deldotto, JR located at 39 Rosedale Avenue (Map 47, Parcel 12), North Andover, MA 01845.
Petitioner is requesting a Variance to add a deck to rear of existing house (Section 7.3) in an R-3 Zoning
District.
Legal notices were sent to all names on the abutter's list and hearing was published in the Eagle -Tribune,
a newspaper of general circulation in the Town of North Andover, on January 26, 2010 & February 2,
2010.
The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers,
Thomas Ippolito and Michael P. Liporto.
VARIANCE:
Upon a motion by Richard Byers and 2nd by Michael P. Liporto, the Board voted to GRANT a Variance
per paragraph 7.3 Yards (setbacks) of the Zoning bylaws to allow the construction of a deck with rear
setbacks of 26.35' be constructed where 30' rear setbacks are required in the R-3 Zoning District.
The following members voted in favor of the Special Permit Albert P. Manzi III, Richard J. Byers
Thomas Ippo.lito and Michael P. Liporto.
Not in favor of the Special Permit, Ellen P. McIntyre. VOTE: 4-1 in favor of the Variance.
Site:
Section 7.3 of the Zoning bylaws to add a deck to rear of existing home.
Plan(s) Title:
I )Drawing of the "Plan of land" containing one sheet (1) dated October
5, 09 Drawings from Merrimack Engineering Services of Andover, MA
01810
2)Drawings of "Cover Sheet, Floor Plans, Exterior Elevation, Exterior
Elevation Building Section, Framing Plans and Roof Plans, Exterior
Details, and Window Detail Specification", containing seven (7) sheets
Page 1 of 2
B
i
The Board finds that the applicant has satisfied the provisions of Section 7.3 of the Zoning Bylaw in order
to add a deck to rear of an existing home at 39 Rosedale Avenue (Map 47 Parcel 12) in the R-3 Zoning
District.
The Board finds that that owing to circumstances relating to soil conditions, shape, or topography of the
land or structures and especially affecting such land or structures but not affecting generally the zoning
district in general, a literal enforcement of the provisions of the Bylaw will involve substantial hardship,
financial or otherwise, to the petitioner or applicant. The Board finds that desirable relief may be granted
without substantial detriment to the public good and without nullifying or substantially derogating from
the intent of the purpose of this Bylaw.
Notes:
1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds, Northern District at the applicant's expense.
2. The granting of the Variance(s) as requested by the applicant does not necessarily ensure the granting of a
building permit as the applicant must abide by all applicable local, state, and federal building codes and
regulations, prior to the issuance of a building permit as required by the Inspector of Buildings.
3. If the rights authorized by the Variance are not exercised within one (1) years of the date of the grant, it shall
lapse, and may be re-established only after notice, and a new hearing.
iert
dover Z ing Boa d of Appeals
anzi III, Esq., Chairman
Ellen P. McIntyre, Vice Chairman
Richard J. Byers, Esq., Clerk
Associate Members
Thomas D. Ippolito
Michael P. Liporto
Decision 2010-002B
Page 2 of 2
dated December 1, 2009 Drawings from Robert Drew 30 Olive Street
Methuen Ma 01844
Voting in favor: of
Albert P. Manzi III, Richard J. Byers Thomas Ippolito and Michael P.
Variance
Li orto.
Voting in the Negative:
Ellen P. McIntyre
The Board finds that the applicant has satisfied the provisions of Section 7.3 of the Zoning Bylaw in order
to add a deck to rear of an existing home at 39 Rosedale Avenue (Map 47 Parcel 12) in the R-3 Zoning
District.
The Board finds that that owing to circumstances relating to soil conditions, shape, or topography of the
land or structures and especially affecting such land or structures but not affecting generally the zoning
district in general, a literal enforcement of the provisions of the Bylaw will involve substantial hardship,
financial or otherwise, to the petitioner or applicant. The Board finds that desirable relief may be granted
without substantial detriment to the public good and without nullifying or substantially derogating from
the intent of the purpose of this Bylaw.
Notes:
1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds, Northern District at the applicant's expense.
2. The granting of the Variance(s) as requested by the applicant does not necessarily ensure the granting of a
building permit as the applicant must abide by all applicable local, state, and federal building codes and
regulations, prior to the issuance of a building permit as required by the Inspector of Buildings.
3. If the rights authorized by the Variance are not exercised within one (1) years of the date of the grant, it shall
lapse, and may be re-established only after notice, and a new hearing.
iert
dover Z ing Boa d of Appeals
anzi III, Esq., Chairman
Ellen P. McIntyre, Vice Chairman
Richard J. Byers, Esq., Clerk
Associate Members
Thomas D. Ippolito
Michael P. Liporto
Decision 2010-002B
Page 2 of 2
M
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
Notice of Decision
Year 2010
Pronertv at: 39 RncednlP A
NAME: Alberto Deldotto JR
Town of North Andover,_
ADDRESS: 39 Rosedale Avenue(Map 47, Parcel
12) North Andover, MA
PETITION: 2010-002B
ZONING BOARD OF APPEALS
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T r"'
Albert P. Manzi III, Esq. Chairman
01810
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; � 1 51 �• � .. l r 1.
Ellen P. McIntyre, Vice -Chairman
Itichard J. Byers, Esq. Clerk
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U
ZlF f1 t l p 2 b
Il J I,� 1 n
Joseph D. LaGrasse
Richard M. Vaillancourt
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o
Associate Members
Thomas D. Ippolito
Daniel S. Braese, Esq.
�, 4°oq`"""• .P"
�SVACHusE��
Michael P. Liporto
p
"Town Clerk 'Time Stamp
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
Notice of Decision
Year 2010
Pronertv at: 39 RncednlP A
NAME: Alberto Deldotto JR
HEARING(S): February 9, 2010, and March 9, 2010
ADDRESS: 39 Rosedale Avenue(Map 47, Parcel
12) North Andover, MA
PETITION: 2010-002B
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall, 120
Main Street, North Andover, MA on February 9, 2010 and March 9, 2010 on the application of Alberto
Deldotto, JR located at 39 Rosedale Avenue (Map 47, Parcel 12), North Andover, MA 01845.
Petitioner is requesting a Variance to add a deck to rear of existing house (Section 7.3) in an R-3 Zoning
District.
Legal notices were sent to all names on the abutter's list and hearing was published in the Eagle -Tribune,
a newspaper of general circulation in the Town of North Andover, on January 26, 2010 & February 2;
2010.
The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers,
Thomas Ippolito and Michael P. Liporto.
VARIANCE:
Upon a motion by Richard Byers and 2na by Michael P. Liporto, the Board voted to GRANT a Variance
per paragraph 7.3 Yards (setbacks) of the Zoning bylaws to allow the construction of a deck with rear
setbacks of 26.35' be constructed where 30' rear setbacks are required in the R-3 Zoning District.
The following members voted in favor of the Special Permit Albert P. Manzi 11I, Richard J. Byers
Thomas Ippolito and Michael P. Liporto.
Not in favor of the Special Permit, Ellen P. McIntyre. VOTE: 4-1 in favor of the Variance.
Site:
Section 7.3 of the Zoning bylaws to add a deck to rear of existing home.
Plan(s) Title:
1)Drawing of the "Plan of land" containing one sheet (1) dated October
-
5, 09 Drawings from Merrimack Engineering Services of Andover, MA
01810
2)Drawings of "Cover Sheet, Floor Plans, Exterior Elevation, Exterior
Elevation Building Section, Framing Plans and Roof Plans, Exterior
Details, and Window Detail Specification", containing seven (7) sheets
Pagel of 2
r
The Board finds that the applicant has satisfied the provisions of Section 7.3 of the Zoning Bylaw in order
to add a deck to rear of an existing home at 39 Rosedale Avenue (Map 47 Parcel 12) in the R-3 Zoning
District.
The Board finds that that owing to circumstances relating to soil conditions, shape, or topography of the
land or structures and especially affecting such land or structures but not affecting generally the zoning
district in general, a literal enforcement of the provisions of the Bylaw will involve substantial hardship,
financial or otherwise, to the petitioner or applicant. The Board finds that desirable relief may be granted
without substantial detriment to the public good and without nullifying or substantially derogating from
the intent of the purpose of this Bylaw.
Notes:
1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds, Northern District at the applicant's expense.
2. The granting of the Variance(s) as requested by the applicant does not necessarily ensure the granting of a
building permit as the applicant must abide by all applicable local, state, and federal building codes and
regulations, prior to the issuance of a building permit as required by the Inspector of Buildings.
3. If the rights authorized by the Variance are not exercised within one (1) years of the date of the grant, it shall
lapse, and may be re-established only after notice, and a new hearing.
iert
"er&diin�g Boa$d of Appeals
Manzi III, Esq., Chairman
Ellen P. McIntyre, Vice Chairman
Richard J. Byers, Esq., Clerk
Associate Members
Thomas D. Ippolito
Michael P. Liporto
Decision 2010-002B
Page 2 of 2
dated December 1, 2009 Drawings from Robert Drew 30 Olive Street
Methuen Ma 01844
Voting in favor: of
Albert P. Manzi III, Richard J. Byers Thomas Ippolito and Michael P.
Variance
Li orto.
Voting in the Negative:
Ellen P._Mclntyre
The Board finds that the applicant has satisfied the provisions of Section 7.3 of the Zoning Bylaw in order
to add a deck to rear of an existing home at 39 Rosedale Avenue (Map 47 Parcel 12) in the R-3 Zoning
District.
The Board finds that that owing to circumstances relating to soil conditions, shape, or topography of the
land or structures and especially affecting such land or structures but not affecting generally the zoning
district in general, a literal enforcement of the provisions of the Bylaw will involve substantial hardship,
financial or otherwise, to the petitioner or applicant. The Board finds that desirable relief may be granted
without substantial detriment to the public good and without nullifying or substantially derogating from
the intent of the purpose of this Bylaw.
Notes:
1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds, Northern District at the applicant's expense.
2. The granting of the Variance(s) as requested by the applicant does not necessarily ensure the granting of a
building permit as the applicant must abide by all applicable local, state, and federal building codes and
regulations, prior to the issuance of a building permit as required by the Inspector of Buildings.
3. If the rights authorized by the Variance are not exercised within one (1) years of the date of the grant, it shall
lapse, and may be re-established only after notice, and a new hearing.
iert
"er&diin�g Boa$d of Appeals
Manzi III, Esq., Chairman
Ellen P. McIntyre, Vice Chairman
Richard J. Byers, Esq., Clerk
Associate Members
Thomas D. Ippolito
Michael P. Liporto
Decision 2010-002B
Page 2 of 2
Albert P. Manzi III, Esq. Cbair man
Ellen P. McIntyre, Vice-Cbairman
Richard J. Byers, Esq. Clerk
Joseph D. LaGrasse
Richard M. Vaillancourt
Associate Members
Thomas D. Ippolito
Daniel S. Braese, Esq,
Michael P. Liporto
Town of North Andover
ZONING BOARD OF APPEALS
I
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e
q . e•
4
T 0yriln±-nr���'t�U
2010HAR26 A11411:20
MAS",)I*- _ n
Ire..
Town Clerk Time Stamp
This is to certify that twenty (20) days
Any appeal shall be filed within 20 have elapsed from date of decision, filed
( ) Notice of Decision without filing of an ppe I.
days after the date of filing of this Year 2010 Datea-/0
notice in the office of the Town Clerk, Joyce A. Bradshaw
Per Mass. Gen. L. ch. 40A, 17 Town Clark
§ Pro ert at: 39 Rosedale Avenue
NAME: Alberto Deldotto JR HEARING(S): February 9, 2010, and March 9, 2010
ADDRESS: 39 Rosedale Avenue(Map 47, Parcel PETITION: 2010-002B
12) North Andover, MA
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall, 120
Main Street, North Andover, MA on February 9, 2010 and March 9, 2010 on the application of Alberto
Deldotto, JR located at 39 Rosedale Avenue (Map 47, Parcel 12), North Andover, MA 01845.
Petitioner is requesting a Variance to add a deck to rear of existing house (Section 7.3) in an R-3 Zoning
District.
Legal notices were sent to all names on the abutter's list and hearing was published in the Eagle -Tribune,
a newspaper of general circulation in the Town of North Andover, on January 26, 2010 & February 2,
2010.
The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers,
Thomas Ippolito and Michael P. Liporto.
VARIANCE:
Upon a motion by Richard Byers and 2IId by Michael P. Liporto, the Board voted to GRANT a Variance
per paragraph 7.3 Yards (setbacks) of the Zoning bylaws to allow the construction of a deck with rear
setbacks of 26.35' be constructed where 30' rear setbacks are required in the R-3 Zoning District.
The following members voted in favor of the Special Permit Albert P. Manzi III, Richard J. Byers
Thomas Ippolito and Michael P. Liporto.
Not in favor of the Special Permit, Ellen P. McIntyre. VOTE: 4-1 in favor of the Variance.
Site: I Section 7.3 of the Zoning bylaws to add a deck to rear of existing home.
Plan(s) Title: 1)Drawing of the "Plan of land" containing one sheet (1) dated October
5, 09 Drawings from Merrimack Engineering Services of Andover, MA
01810
l ?.)Drawings of "Cover Sheet, Floor Plans, Exterior Elevation, Exterior
ATTESTElevation Building Section Framing Plans and Roof Plans, Exterior
r . i Details, and Window Detail Specification", containing seven (7) sheets
7x T -
Town Clerk
Pagel of 2
a4
i
q
Albert P. Manzi III, Esq. Cbair man
Ellen P. McIntyre, Vice-Cbairman
Richard J. Byers, Esq. Clerk
Joseph D. LaGrasse
Richard M. Vaillancourt
Associate Members
Thomas D. Ippolito
Daniel S. Braese, Esq,
Michael P. Liporto
Town of North Andover
ZONING BOARD OF APPEALS
I
O —
x
e
q . e•
4
T 0yriln±-nr���'t�U
2010HAR26 A11411:20
MAS",)I*- _ n
Ire..
Town Clerk Time Stamp
This is to certify that twenty (20) days
Any appeal shall be filed within 20 have elapsed from date of decision, filed
( ) Notice of Decision without filing of an ppe I.
days after the date of filing of this Year 2010 Datea-/0
notice in the office of the Town Clerk, Joyce A. Bradshaw
Per Mass. Gen. L. ch. 40A, 17 Town Clark
§ Pro ert at: 39 Rosedale Avenue
NAME: Alberto Deldotto JR HEARING(S): February 9, 2010, and March 9, 2010
ADDRESS: 39 Rosedale Avenue(Map 47, Parcel PETITION: 2010-002B
12) North Andover, MA
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall, 120
Main Street, North Andover, MA on February 9, 2010 and March 9, 2010 on the application of Alberto
Deldotto, JR located at 39 Rosedale Avenue (Map 47, Parcel 12), North Andover, MA 01845.
Petitioner is requesting a Variance to add a deck to rear of existing house (Section 7.3) in an R-3 Zoning
District.
Legal notices were sent to all names on the abutter's list and hearing was published in the Eagle -Tribune,
a newspaper of general circulation in the Town of North Andover, on January 26, 2010 & February 2,
2010.
The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers,
Thomas Ippolito and Michael P. Liporto.
VARIANCE:
Upon a motion by Richard Byers and 2IId by Michael P. Liporto, the Board voted to GRANT a Variance
per paragraph 7.3 Yards (setbacks) of the Zoning bylaws to allow the construction of a deck with rear
setbacks of 26.35' be constructed where 30' rear setbacks are required in the R-3 Zoning District.
The following members voted in favor of the Special Permit Albert P. Manzi III, Richard J. Byers
Thomas Ippolito and Michael P. Liporto.
Not in favor of the Special Permit, Ellen P. McIntyre. VOTE: 4-1 in favor of the Variance.
Site: I Section 7.3 of the Zoning bylaws to add a deck to rear of existing home.
Plan(s) Title: 1)Drawing of the "Plan of land" containing one sheet (1) dated October
5, 09 Drawings from Merrimack Engineering Services of Andover, MA
01810
l ?.)Drawings of "Cover Sheet, Floor Plans, Exterior Elevation, Exterior
ATTESTElevation Building Section Framing Plans and Roof Plans, Exterior
r . i Details, and Window Detail Specification", containing seven (7) sheets
7x T -
Town Clerk
Pagel of 2
a4
i
} 60
t
dated December 1, 2009 Drawings from Robert Drew 30 Olive Street
Methuen Ma 01844
Voting in favor: of Albert P. Manzi Ill, Richard J. Byers Thomas Ippolito and Michael P.
Variance Li orto.
Voting in the Negative: Ellen P. Mclntvre
The Board finds that the applicant has satisfied the provisions of Section 7.3 of the Zoning Bylaw in order
to add a deck to rear of an existing home at 39 Rosedale Avenue (Map 47 Parcel 12) in the R-3 Zoning
District.
The Board finds that that owing to circumstances relating to soil conditions, shape, or topography of the
land or structures and especially affecting such land or structures but not affecting generally the zoning
district in general, a literal enforcement of the provisions of the Bylaw will involve substantial hardship,
financial or otherwise, to the petitioner or applicant. The Board finds that desirable relief may be granted
without substantial detriment to the public good and without nullifying or substantially derogating from
the intent of the purpose of this Bylaw.
Notes:
I. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds, Northern District at the applicant's expense.
2. The granting of the Variance(s) as requested by the applicant does not necessarily ensure the granting of a
building permit as the applicant must abide by all applicable local, state, and federal building codes and
regulations, prior to the issuance of a building permit as required by the Inspector of Buildings.
3. If the rights authorized by the Variance are not exercised within one (1) years of the date of the grant, it shall
lapse, and may be re-established only after notice, and a new hearing.
No Andover Z�ingBoAd of Appeals
A ert P. Manzi III, Esq., Chairman
Ellen P. McIntyre, Vice Chairman
Richard J. Byers, Esq., Clerk
Associate Members
Thomas D. Ippolito
Michael P. Liporto
Decision 2010-002B
Page 2 of 2
RECEIPT
Printed:04-23-2010 ® 11:09:16 I
Essex North Registry
Robert F. Kelley
Register i
Trans#: 51193 Oper:LRRECKM
ALERT DELDOTTO
Book: PL Page: 16238
Ctl#: 54 Rec:4-23-2010 ® 11:09:10a
DOC DESCRIPTION TRANS AMT
PLAN
Surcharge CPA $20.00 20.00
5.00 TECH FEE 5.00
Plan recording 50.00
Total fees: 75.00
*** Total charges: 75.00
CHECK PM 4789 75.00
sem'
OW
Ar
dill' v�`
Notes: ad{xd FRONTIER
990207148_INDEX
990207148
02/12/2010
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Date.! .�v.
TOWN OF NORTH ANDOVER
PERMIT FOR PLUMBING
This certifies that ..G�... ��' .�. ... J..... .
has permission to perform . ;!i.tlt dd✓`'. --7— ... .......
plumbing in the buildings of ... 9.1� �. 0 /!.. .......
at ... .35 ..r4evoc-"". _%¢!�G North Andover, Mass
Fee. :. Lic. No.... �. 3 Jd 1 .....................
PLUMBING INSPECTOR
Check #
8676
,9662
Date .......
TOWN OF NORTH ANDOVER
PERMIT FOR WIRING
This certifies that ......... P1.4n ke-& &-z- 7— Z-- C
....................................... ..............................
has permission to perform ..... eIjlo /.z.'e.. --. r ......................................
wiring in the building of .......... ...................................
at ............... 3....................... . North doer Andover, Mass.
Fee -SP .......... Lic. No. yy7 -;Nwiw -4
4 -
ELECTRICAL INSPECTOR
Check #J—O 7-Z- f
L UJJJ//1VIIVVWa1L11 VI
Permit No.
Department of Fire Services �-
:/ Occupancy and Fee Checked
BOARD OF FIRE PREVENTION REGULATIONS [Rev. 1/07] (leaveblank)
APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK
All work to be performed in accordance with the Massachusetts Electrical Code (MEC), 527 CMR 12.00
(PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: W- -2q - t6
City or Town of: NORTH ANDOVER To the Inspector of Wires:
By this application the undersigned gives notice of hisor her intention to perform the electrical work described below.
Location (Street & Number) 3 / 2024 fo-
Owner or Tenant A 16ar+-- 7 -)AA Telephone No.
Owner's Address
Is this permit in conjunction with a building permit? Yes I!!�
No ❑ (Check Appropriate Box)
Le' S i Utility Authorization No.
Purpose of Building L
Existing Service 'bD Amps Volts Overhead Ell Undgrd ❑
New Service Amps / Volts Overhead ❑ Undgrd ❑
Number of Feeders and Ampacity
No. of Meters
No. of Meters
Location and Nature of Proposed Electrical Work: l e , re_ a ec r GctJ-&t_S c-
rmmnlvtinn nfthe following table may be waived by the Inspector of Wires.
Attach additional detail if desired, or as required by the Inspector of Wtres.
Estimated Value of Electrical Work: L%ao. (When required by municipal policy.)
Work to Start: �'-2y`l`� Inspections to be requested in accordance with NEC Rule 10, and upon completion.
INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless
the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The
undersigned certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office.
CHECK ONE: INSURANCE ❑ BOND ❑ .OTHER ❑ (Specify:)
I certify, under the pains and penalties of perjury, that the information on this application is true and complete. p
FIRM NAME: J5hat� Acf o LIC. NO.: / LI 7 1� 9
Licensee: Signature LIC. NO.: v21 i g 5
(If applicable, enter "exempt" in the license number line.) Bus. Tel. No.: Loa'
Address: 9t 19.J`' CJ0-Z /Q3�y I Alt. Tel. No.: (-3 -a 31.7100
*Per M.G.L c. 147, s. 57-61, security work requires Department of Public Safety "S" License: Lic. No.
OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally
required by law. By my signature below, I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's
Owner/Agent PERMIT FEE. $
Signature Telephone No.
of Total
No. of Recessed Luminaires
No. of Ceil:P• (Paddle) addle Fans
) �
TransTrsformers KVA
No. of Luminaire Outlets 5-
No. of Hot Tubs
Generators KVA
No. of Luminaires 5
AboveIn-
Swimming Pool rnd. ❑ rnd. ElBatter
o. o Emergency Lighting
Units
No. of Receptacle Outlets
No. of Oil Burners
FIRE ALARMS
No. of Zones
No. of Detection and
No. of Switches (�
No. of Gas Burners
Initiating Devices
No. of Ranges
No. of Air Cond. Tonsl
No. of Alerting Devices
Heat Pump
Number
KW
...................
No. of Self -Contained
No. of Waste Disposers
P
Totals:
... ..Tons
Detection/Merting Devices
No. of Dishwashers
Space/Area Heating KW
Local ❑ Municipal Other
Connection
No. of Dryers
y
Heating Appliances KW
Security Systems:Y
No. of Devices or Equivalent
No. of Water
Heaters KW
Noof No. of
.ces
Signs Ballasts
Data Wiring:
No. of Devi or Equivalent
Telecommunications Wiring:
No. Hydromassage Bathtubs
No. of Motors Total HP
No. of Devices or Equivalent
OTHER:
Attach additional detail if desired, or as required by the Inspector of Wtres.
Estimated Value of Electrical Work: L%ao. (When required by municipal policy.)
Work to Start: �'-2y`l`� Inspections to be requested in accordance with NEC Rule 10, and upon completion.
INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless
the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The
undersigned certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office.
CHECK ONE: INSURANCE ❑ BOND ❑ .OTHER ❑ (Specify:)
I certify, under the pains and penalties of perjury, that the information on this application is true and complete. p
FIRM NAME: J5hat� Acf o LIC. NO.: / LI 7 1� 9
Licensee: Signature LIC. NO.: v21 i g 5
(If applicable, enter "exempt" in the license number line.) Bus. Tel. No.: Loa'
Address: 9t 19.J`' CJ0-Z /Q3�y I Alt. Tel. No.: (-3 -a 31.7100
*Per M.G.L c. 147, s. 57-61, security work requires Department of Public Safety "S" License: Lic. No.
OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally
required by law. By my signature below, I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's
Owner/Agent PERMIT FEE. $
Signature Telephone No.
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
600 Washington Street
t Boston, MA 02111
s� www.mass.gov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
_Applicant Information Please Print Legibly
Name (Business/Organization/Individual): `0.AL )(`16CI
Address: �;7 f2� 1a 5
City/State/Zip: Kig S 2 �� • 63SI y Phone #:_(,n,3 - (? U a -
Are you an employer? Check the appropriate box:
1. [J"1 am a employer with t
4. ❑ I am a general contractor and I
employees (full and/or part-time).*
have hired the sub -contractors
2. ❑ I am a sole proprietor or partner-
listed on the attached sheet.
ship and have no employees
These sub -contractors have
working for me in any capacity.
workers' comp. insurance.
5. ❑ We are a corporation and its
[No workers' comp. insurance
required.]
officers have exercised their
3. ❑ I am a homeowner doing all work
right of exemption per MGL
myself. [No workers' comp.
c. 152, § 1(4), and we have no
insurance required.] t
employees. [No workers'
comp. insurance required.]
(12
Type of project (required):
6. ❑ New construction
7. ❑ Remodeling
8. ❑ Demolition
9. ❑ Building addition
10.❑ Electrical repairs or additions
11.❑ Plumbing repairs or additions
12. ❑ Roof repairs
13. ❑ Other
*Any applicant that checks box # 1 must also fill out the section below showing their workers' compensation policy information.
i Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
$Contractors that check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information.
I am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site
information. n
Insurance Company Name:
N
Policy # or Self -ins. Lic. #:
Job Site Address:
39 i2�,U A6 -
Expiration Date:
City/State/Zip: /o,,.
Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date).
Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a
fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine
of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of
Investigations of the DIA for insurance coverage verification.
I do hereby certify under the pains an nrrl jury that the information provided above is true and correct.
q 10
Phone #• do 6 Y 2 GC) r, —)-
Official
Official use only. Do not write in this area, to be completed by city or town official.
City or Town:
Permit/License #
Issuing Authority (circle one):
1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector
6. Other
Contact Person:
Phone #:
EN
0
MASSACHUSETT8 UWORM ,pgLICATION FOR PERMIT TO DO PLUMBING
(Type or print) ( �D l•U
NORTH ANDOVER, MASSACWSEM pate
I % POSED*/Owners Name Permit#
Building Locationn _ Amoimt—j�--
p --y Plans Submitted Yes � No
New � Renovation �.! Ii.eplacemenf
[� Check one: c.ertincate
(Print or type) �� Corp.
Installing Company Name
IN lz l� Paxhier.
Address
Finn/Cl—
Name of.Licensed Plumber: y�z!7iJ / i(�
Insurance Coverage: Indicate the type of insurance coverage by eclung the appropriate box:
Other type of indemnity. Bond ❑
Liability insurance policy /� ,
,insurance Waiver: I, the enders—i `fined, have been made aware that the licensee of this application does not have any one o£the above
three insurance
Signature - -
�ti Owner Agent El
I hereby certify that all of the details and information I have submitted (or entered) in above application are.trae and accurate to the
best of mylmowledge and that all plumbing work and installaiaon�perforrned der P 'f Issu or this application will be in
compliance with all pertinent provisions ofthe Massachusetts elum�b% ode Cha 142 ofthe General Laws.
Title
City/Town
APPROVED ioMCE USE ONLY
Type ooffjPlumbing License
�" journeyman a
icease um er Master � ym
The C'omnzonweidth of Alassachusetts
Department a f£radusir id1 Accidents
Office Of£Fivesiigaiions
' 600 Washinitpn Street
$ostayz, SIA 02ZIZ
N'ww masago-p1dia
Workers' Compensation insurance Affidavit; $auders/Coniractorsx1eciricians/Plumbers
AD IiCaIlt rnOrllla{1oIl
Please Print Lecribly
Name (Business/Organization/Individual): C _
Address:
City/Stale/Zip; /Q Phone
Ar
e you an employer? Check the appropriate box:
LE! I am a employer with
4. ❑ I am a gen eral contractor and I
employees (fu11 and/or part time).*
2.Z -I am a sole
have hired the sub -contractors
proprietor orpartner-
-listed on the attached sheet, t
ship and have no employees
These sub -contractors have
working for min, any capacity,
workers' comp. insurance,
[No workers' comp, insurance,
5. ❑ We are a corporation and its
requimd.j
3 , ❑ I am a homeowner doing
officers have exercised their
, all work
myself. [No workers' comp.
right of er-emption per MGL
c. 152, §_1 (4), and we have
insurance required.] t
no
employees. [Nonworkers'
OMP. insUranc�, required]
Type of project (required):
6. ❑ Not construction
7. ❑ Remodeling
8, ❑ Demolition
9. ❑ Building addition
10.❑ Electrical repairs or additions
.11. ❑ Plumbing repairs or additions
12,0 Roof repairs
13,❑ Other
i.''`..t13' c.t_.'.'_JF2C-?.^.t f1Pt C.�•:.n4o SJr�v,�� els-- uis{t 01 OI!:• LC .eCii'..`*_� b`A'`S.aw sh-c i t
i:�Ot—!t cOWIIeCS WIIO Sl1bTIllt'ThLS affidavit IIIC�l^3 v }e .i "�`S T•'_�^•�i 9JOP::C.LS COL^^"^ ---:0!• •••,Ecy
t.....-�..�..... t.vu ) uiuJ.-4'...�SL
tma t_e3 a� dckg o11 wo*ana when hued
+Conisaetors that oh�k this attach additional sheet showing66 " ice eonaacto� tst s. mit a new affidavit indicating such.
nnme•of the sub -contractors and theirworkers' comp. policy information,
lam an employer that is providing workers' cornpensanon insurance for my employees Beloitl is the policy and job site.
informdtznn. .
Insurance Company Name:
Policy # or Self -ins. T #:
Expiration Date:
Job Site Address:
•City/State/Zip:
Attach a copy of the workers' compensation poficy declarafion page (shoydng the policy number.and expiration date),
Failure to secure coverage as required under Section 25A ofMGL c. 152 can lead to the imposition of criminal penalties of a
fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER
of ap to 5250:00 a day aiainst the violator. Be advised that a copy of this Statement and a finefement may be forwarded to the Office of
Investigations of the DIA for insurance coverage verification.
I do hereby certify er the pandpeies a erjury hrzr the informaiian. provided above*
is true and correct
Siffiature:
_ Date;.—
Phone #:
[6.0ther
ial use only. Do not write in this area, to be completed by clip or town off-ciaL
t
or Town: 1' ermitll,,icense #
g Authority (circle one):
rd of Health 2, Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbiab inspector
ct Persurz:
Phone'#: