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Miscellaneous - 22 SAUNDERS STREET 4/30/2018 (3)
22 SAUNDERS STREET 210/029.0-0004-0000.0 I SU t � I S d I t J �vrr l�sr O►� Ciao Raft� Deaitiof iw t ` l4de Vs r t1ab�C(a:�(�inL.r.Tom in Is. ..n....■rrJC��r+��r�.�irw. S, 469 Ramsey A. Bahrawy, Esq. Attomey-at-Law BAHRAWY LAW OFFICES Estate Planning&Settlement Services 55 Main Street P.O.Box 455 ' j q S g North Andover,MA 01845-0455 Phone:(978)682-1141 V i 0 Fax:(978)686-1130 V A C E-mail:BahrawyLaw@aol.com 25 years legal experience I ) t Vlls i ► 1"/)0//, l�) �� to3 ' s Town of North Andover Of 14ORTH Office of the Zoning Board of Appeals Community Development and Services Division • 27 Charles Street North Andover,Massachusetts 01845 'ssACNUgt� D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at:22-24 Saunders Street NAME: Vasiliy Molls HEARING(S): July 13&September 21,2004 ADDRESS:22-24 Saunders Street PETITION: 2004-015 North Andover,MA 01845 TYPING DATE: September 24,2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, September 21, 2004 at 7:30 PM m* the Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Vasiliy Molls,22-24 Saunders Street,North Andover,requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the rear setback in order to construct an attached 2-story 2-car garage and apartment,and a Special Permit from Section 9,Paragraph 9.2 and Table 1 of the Zoning Bylaw to extend and alta a pre-existing structure and use on a pre-existing,non-conforming lot. The said premise affected is property with frontage on the East side of Saunders Street within the I-S zoning district. The legal notice was published in the Eagle Tribune on June 28&July 5,2004. The following voting members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. The following non-voting members were present: Thomas D.Ippolito,Richard M. Vaillancourt,and David R Webster. Upon a motion made by John M.Pallone and 2nd by Joseph D.LaGrasse,the Board voted to GRANT the applicant's request that the Variance and Special Permit petitions be WITHDRAWN WITHOUT PREJUDICE. Voting in favor:John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. Town of North Andover Zoning Board of Appeals, e P.McIntyre, Vice CUir Decision2004-015. M29P4. r_ > U r.C." 1..1J W Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 No.: F1 Date f NORTH 1 TOWN OF NORTH ANDOVER ° A BUILDING DEPARTMENT �q" _•°�'"�h Building/Frame Permit Fee $ SSACNUS� Foundation Permit Fee $ �• � f f-e •, they Permit Fee $ D 10 l � ° -I76O G.�l1S1l��AL�, ZBA 2 0 Date . .. ' ?-.. .7 ..... NorrrM 0�, � 9 TOWN OF NORTH ANDOVER ° -: RECEIPT SSgCHUs� This certifies that��r�r�!''�..t: �n�. r-�,.....��...G?�.�.�..................... has paid.`r�.101).�..i` ....:_ .,., -..1`rj�.��........................................ for.. ..: rcT.►t P.l4.....r�.4......... .1....... 1,..Lt:7 Received by.... .,i1�f Department..........7-7:7,6...It.........................................................I WHITE: Applicant CANARY:Department PINK:Treasurer AA s Y Town of North Andover N°RTM Office of the Zoning Board of Appeals Community Development and Services Divisionpo 27 Charles Street `�°+;Too :°��• North Andover,Massachusetts 01845 �asACHUstt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover, MA on Tuesday the 1311 of July, 2004 at 7:30 PM to all parties interested in the appeal of Vasihy Molla,22-24 Saunders Street,North Andover, requesting a dimensional Variance from.Section 7, Paragraph 7.3 and Table 2 for relief of the rear setback in order to construct an attached 2-story 2-car garage and apartment, and a Special Permit from Section 9, Paragraph 9.2 and Table 1 of the Zoning Bylaw to extend and alter a pre-existing structure and use on a pre-existing, non- conforming lot. The said premise affected is property with frontage on the East side of Saunders Street within the I-S zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals Ellen P. McIntyre, Chairman Published in the Eagle Tribune on June 28 &July 5, 2004. M1J C"? C-):lo Legalnotice 2004-015. M29P4. O F"=7, - --0 NmnmD07!y7sDnW� �a w c m m���w w n ��sv'm N��o 3�n�o s O o v� o�E.< m o owx. owmoo°wD'. o�omw`D�mmv� OZ M o��mvo0":'r a °-c � o�� z�oy. mew»'»D- — d o�Om � N eco ww n o m w mAgD _ L3 mfr N�c SN(D(0 2N N N an>j 7��'N Al N Nn�•'N�7 N•O N-I -'�N 3N C1�� �� ° 033 � ���w3vco3m � m°awyC4a) �o��>rr" o s cDmmowotn�oa�m�woiv ,m so a3 o�mw�o�ow�>O� � N 7 CD SON �� �o.@ m� o o w CD C, ao 3 N ^m _»ID DD m oa w mmov mcm mwwm �.i �Dm �-- me o o�o- mea °a m° CD CD ia,omo9��a.>OR � c m DZ3 Z cif 3 w� m mo gmooHm oc > °• �p CL 0O!ro�3a .y fQjN� .�pij N��7 O 0((D0�a-0WcD T.O O'��N� A ut o 63 Er �m�cD a om_ a oma �w��3s_ 3 n M Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 978-688-9540 Planning 978-688-9535 BAHRAWY LAW OFFICES Estate Planning & Litigation August 10, 2004 BY HAND Zoning Board of Appeals Town of North Andover Charles Street No. Andover, MA 01845 Re: 22-24 Saunders Street North Andover, Massachusetts Dear Sirs/Madam: I am writing to inform you that I will be unable to attend tonight' s meeting on behalf of the petitioner, Vasilyi Molla, as I am I still recovering from surgery performed on Monday August 9, 2004 . Although the surgery was successful, I am feeling weak and, my physician has recommended that I not return to work until August 12, 2004 . To allow me to regain full strength, my doctor has advised that I return to work on a limited basis until August 20, 2004 . Lastly, it is my understanding from speaking with Mr. Molla on Saturday August 7, 2004 that he intends on going forward with his petition. It is also my understanding that his architect, Mr. John Tucci, will be making a presentation e Board tonight . s' Thank you for your attentionjto this matter. i //Very trul you s, S RAW ain Street P.O. Box 455 North Andover, MA 01845-0455 O [ C E 0 dPhone: (978) 682-1141 D FAX: (978) 686-1130 AUG 10 2004 Ramsey A. Bahrawy, Esq. /Attorney-at-Law BOARD OF APPEALS BahrawyLaw@aol.com Town of North Andover Of kORTH 1ti Office of the Zoning Board of Appeals 3� Community Development and Services Division 27 Charles Street NO North Andover, Massachusetts 01843 SA US D. Robert Nicetta Telephone (y78) 688-YD-41 l3mlchn, (`ommissioner. Fax (9 8) 088-9542 Date TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance S ecial Pe Comprehensive Permit (40B) Finding for property located at: STREET: �Z_ Z S�Ln E tCS SA rC(2j MAP: —t4 PARCEL: TOWN: No, �✓C)CL/i TO MEETING DATE(S): ScI°AE/,)I z S� NAME OF PETITIONE : o--5 Signed: Pe ti oner (or petitioner's representative) D 1S 1y V VER AUG 1 '01004 '1 y 61%'X-9541 13uik1ing 978-GSS-9515 C.mscn atiun 97S-6SS-95.10 I Irullh 978-GSS-95-40 I'lannim_v7S-c.SS BOAR[)OF APPEALS 1 . cp O Ta m -v O=D r= N O O d�:* FTO y -7� Oil - u G ---- - C b I 1 . F------------ I y I �e I I i I I L------------ ■ ------------ I I I I I I I I 1 I I r------------ I I I i I i I I I L------------ � - - l I ' I I 2641 ADDI110N e 07-51-04 OOOI JoHN Tucci / DRAFTSMAN FIR5T FLOOR PLAN OV4• ` �`O• 33 Snmdea Sheet Norlh Andover. Memahuwtt&01845 97882-6182 N U) 0 C°0 ro I V� Ql z a a LO ® o A i 07-01-04 0001 JoHN Tucci / DRAFTSMAN SECOND FLOOR PLAN 01/4• P-O' 33 Saunders Sweet North Andover,MaaoachweM 01845 978-682-6182 0 • - VE �1 11 y W. �'j r � is n A. '_` 4 Sy ��u�u�u�uu��. ���wuur,♦��.������uu�������uuuuu� ♦•���u�1� � Li �i • - • DRAFTSMAN NM TH ELEVATIONI 978-692-6192 Town of North Andover atN°TH Iti 0 Office of the Zoning Board of Appeals 0 ° `p Community Development and Services Division . 27 Charles Street North Andover, Massachusetts 01845 'sSAC HUSE� D. Robert Nicetta Telopltone (978)688-9541 Building Commissioner Fax (978)688-9542 Date 7 —" —0Y N TO: Town of North Andover ' r- Zoning Board of Appeals 27 Charles Street ` V North Andover MA 01845 - ' D o Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance Special Permit ompre ensive Permit (40B) Finding for property located at: STREET: ,Sc.�v✓ldt:'CS MAP: PARCEL: . TOWN: Norkl' cLac TO MEETING DATE(S): J—"L/5 NAME OF PETITIONER:_ Signed: Petitioner(or titioner's representative) O U VER J U L oys{1,yJ Is 978-688-9541 Building 978-688-9545 Conservation 978-688 9530 t Icalth 978-688-9540 I'lamiing 978-688 BOARD OF APPEALS a00w- 0 (� Date: July 15, 2004 �S Memorandum:Request for Procedural Information: To: Thomas J. Urbelis, Esq. Fax 617-338-0122 5 5 From: Ellen P. McIntyre, Chair Zoning Board of Appeals The application for Vasiliy Molla of 22-24 Saunders Street Variance & Special Permit generated questions about what actions the Board may take considering that the property in question is in the I-S zoning district. It is a ca. 1900 2-family dwelling unit predating any zoning. The current owner,Mr. Molla, is requesting the Board for relief of 20'from the rear lot line and a Special Permit in order to add another dwelling unit above a 2-car garage. The lot is non-conforming; it has only 88.5' frontage, and residences are not an allowed usage in I-S. The location is behind the Bradstreet Kindergarten where Saunders street makes a right-angle bend. The Zoning Board requests that you advise us in writing about the following questions so that we may know what options we will have at the August 10, 2004 meeting. Can a residential house be expanded in an industrial Zone? Does Section 9 allow for this type of expansion? Thank you for your concern in this matter. Ellen P. McIntyre, Chair Zoning Board of Appeals Attachments(4 p.) EPM:mg cc: D. Robert Nicetta ZBA file Date: July 15, 2004 Memorandum:Request for Procedural Information: To: Thomas J. Urbelis, Esq. Fax 617-338-0122 From: Ellen P. McIntyre, Chair Zoning Board of Appeals The application for Vasiliy Molla of 22-24 Saunders Street Variance& Special Permit generated questions about what actions the Board may take considering that the property in question is in the I-S zoning district. It is a ca. 1900 2-family dwelling unit. The current owner, Mr. Molla, is requesting the Board for relief of 20'from the rear lot line and a Special Permit in order to add another dwelling unit above a 2-car garage. The lot is non-conforming; it has only 88.5' frontage, and residences are not an allowed usage in I-S. The location is behind the Bradstreet Kindergarten where Saunders street makes a right-angle bend. The Zoning Board requests that you advise us in writing about so that we may know what options we may have at the August 10,2004 meeting. Thank you for your concern in this matter. Ellen P. McIntyre, Chair. Zoning Board of Appeals EPM:mg cc: D. Robert Nicetta ZBA file p oasr �R� �grffS ir/ RkJ /,vOv C sJ�9 L ' ry f?csr o�►J,a� Nauss � PA,,,b�u Ty�� ox�adn s ra Town of North Andover °f „°RTN Office of the Zoning Board of Appeals o • Community Development and Services Division 0.1 27 Charles Street North Andover,Massachusetts 01845 1CHUSE D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday the 13th of July, 2004 at 7:30 PM to all parties interested in the appeal of Vasiliy Moffa, 22-24 Saunders Street,North Andover, requesting a dimensional Variance from.Section 7, Paragraph 7.3 and Table 2 for relief of the rear setback in order to construct an attached 2-story 2-car garage and apartment, and a Special Permit from Section 9, Paragraph 9.2 and Table 1 of the Zoning Bylaw to extend and alter a pre-existing structure and use on a pre-existing, non- conforming lot. The said premise affected is property with frontage on the East side of Saunders Street within the I-S zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals Ellen P. McIntyre, Chairman Published in the Eagle Tribune on June 28 & July 5, 2004. r1 Legalnotice 2004-015. M29P4. o r�o Nrn0[D N�5Dn O' CfD HUT N - m^IVQ1 '.N;SS".0��(n(7�Dom. *� Wi°i�• (D os� o to ��, o co SC-p< °W°��D4(�, tu-:40>6 Z�� r vt g0 o g �c m co 6i�1' C '2 p.ym o D t p d Orc<co 0..4rn:c�p :8., .: Aa `c�'•N - W j y.. i 7 C ,., y. {U N.+ 774 N. ipyDta omrcAmo Z c i_.omr`mcomE . � � �wm.Z79. a CL �+ 3'0 ci° :< _ Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Page 2 of 4 Application for a VARIANCE »� V's_ ;- rvY�'` a,� t ,} r e e,,, � $� r.'t 'W r �, Ts. ;n q .i' -v:-r 1- �:..._sr r ..+g14 s Ey�.�„w x. .ss 5,Y Ga2'"tr. p r§t c t�.? S i r x;r'a �.::.,_. ., `��� . .,r.....:?�..,„r.3, ..�, ... ..w-r.. .+ ..._.:"�.. ,t t.. ,.,;�..,.�..:.,.. ..F., ,.. _{M i�k�4rYx 3.Z���:`-��">:k�3,.=.'+��>E�3,��"� .......741"'�rc��14A��.,�v�n Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: VO4NW W qlt— V37- 30�'f- 22 .The petitioner shall be entered on the legal hotice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: �C 018`tS Years Owned Land: (o 3. Location of Property: a. Street:22-Ztf Zoning District Z— b. Assessors: Map number2-1 lot—Number: c. Registry of DeLadS: Book Number o 510(9 Page Number: 011 4. Zoning Sections under which the petition for the Variance is made. .Se:c�k un 7 t To\b1 E 2 Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request 15 CN O i(c� oy)� G y� . W) The above description shall be used foi the purpose of the legal notice and decision. A more detailed description is required pursuant to the oning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result in decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve dditional items not included above. a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current oning By-Law Requirements. (A and B are in the case of a lot split) :)t Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear % TSI 2-0 s��F ��o Page 3 of 4 Application for a VARIANCE t a�} �' � 'w` � �` � z �� ' - � ' s3 �3.x a 3»- 'y'.�},,,, ��rr'3.+ D„�`�y�'�0��'«�la.r+-s,'c• ''7fi� y^�+zt`��-Y` ��t �`. "`� '. � rY..: ,... _ . . _, .... ..�+• .. .r.._ ,,, w�v. > s �z=r F T+s.C�2.t -�, �'3-"��-5w.,atr����i' a � .�"���� k--�', '��f,c Zoning�Board of Appeals - � 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back' Sq. Ft, Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear —�3I 92- Bio U,!�' b 7.9' 3o' $o t 10' �0 d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side:B Rear . 07000 W/A 3� S Iso `t 30 20 ZV 30 7, a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 1335- 3 370 'Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total E Use of Square feet Floors Sq.feet Building- I,a 20 Z Z,000 , 0 10E� e� ce Z 6E� ov\A' 'Reference Uses from the Zoning By-Law.State number of units in building. 6. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town 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 dismi y the Zoning Board of this application as incomplete. 1 Signature Type above name (s) here �Z � �j`� s �a Sg SEE PLAT NO,40 MILL POND �ti tj7o Ile � e 9 �'� 'L� �7' A ,Sg yew► a 6.� CSG Sip 5,841 5,47 ` �• 5 M 9AA f> 7.9 Syd, V3 tri r ` . 16 17 18 76 yo O� Z r 15 5� p a '2A7, oo - - - -- _ z 3 A 15 00 1' k4661 -01 4,675 4,616 3.730 5,903 264 2 19 X5`9 2-0 Ay 3.730 22 6Y q ,0 3,d9p 4 A Sold' e NS s 17.750 9.000 575 SF of r� 53 �;A STREET 3.646 a, ab 39 � Co k Co6 5 d•t3 M I n Y ti 4�b 28.123 n�nn • nnn. ..nn.... ... .... .... ..._. —_ ., - Town of North Andover f NORTH 0 ,«/0 Office of, i 49ning Board of Appeals o� °` Commuz} t opment and Services Division `27 Charles Street -'- 1004 Std °;,,.o:�•'`<h th n dover Massachusetts 01845 �SsgCHUSEt A `1; �i D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978)688-9542 Date 1 �11G� TO: Town of North Andover L Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I wish to withdraw my ariance cial Permi Comprehensive Permit (40B) Finding petition without prejudice from the North Andover Zoning Board of Appeals agenda for property located at: STREET: 2-2- 2 t� �r�v J-(C-r- I MAP: 'IM1 PARCEL: TOWN: Naf I����-1/�,� _ I-I NAME OF PETIT ONER: VGSt t %� Signed: Petit' ner (or petitioner's representative) Withdraw SEP 2 1 2004 D Board o f AppeaIs 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 HeaIII)978-688-9540 Planning 978-688-9 i3; BOARD OF APPEALS Neighborhood Petition August 03, 2004 This is a petition to show that we as residents in and around the neighborhood surrounding Saunders Street show our support for the proposed addition at 22-24 Saunders Street to be built. Let it be known that we have been provided with the proposed plans for the project and are not signing this petition without proper information to make such a decision. Let it also be known that we the undersigned are owner occupants of residences in the neighborhood and have a permanent stake and important interest in the neighborhood's future and how future projects affect it. That is why we also agree that the northwest industrial zoned properties of Mr. Molla's and his direct abutters to his west should be rezoned as residential as once proposed in previous town meetings to preserve the integrity of this all residential neighborhood. Also to prevent future industrial stuctures and commercial traffic onto the street. By granting.permission for this project to be built,yes the board will in fact be extending the life of a pre-existing non-conforming building, but it is our opinion that it is in the best interest of the neighborhood to do so. �p C 67 a / ! ASIAr t. o 2004 BOARD OF APPEALS Neighborhood Petition August 03, 2004 This is a petition to show that we as residents in and around the neighborhood surrounding Saunders Street show our support for the proposed addition at 22-24 Saunders Street to be built. Let it be known that we have been provided with the proposed plans for the project and are not signing this petition f without proper information to make such a decision. Let it also be known that we the undersigned are owner occupants of residences in the neighborhood and have a permanent stake and important interest in the neighborhood's future and how future projects affect it. That is why we also agree that the northwest industrial zoned properties of Mr. Molla's and his direct abutters to his west should be rezoned as residential as once proposed in previous town meetings to preserve the integrity of this all residential neighborhood. Also to prevent future industrial stuctures and commercial traffic onto the street. By granting permission for this project to be built,yes the board will in fact be extending the life of a pre-existing non-conforming building, but it is our opinion that it is in the best interest of the neighborhood to do so. 20041 BOARD Or Att-EALS f pOR7F � TOWN OF NORTH ANDOVER VARIANCE a - m ZONING BOARD OF APPEALSAcmU p NAME: ADDRESS OF APPEAL: Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty(30) days prior to the first public hearing. STEP 6: SCHEDULING OF HEARING AND Failure to submit the required information within the PREPARATION OF LEGAL NOTICE: time periods prescribed may result in a dismissal by the The Office of the Zoning Board of Appeals schedules Zoning Board of an application as incomplete. the applicant for a hearing date and prepares the legal The information herein is an abstract of more notice for mailing to the parties in interest(abutters) and specific requirements listed in the Zoning Board for publication in the newspaper. The petitioner is Rules and Regulations and is not meant to notified that the legal notice has been prepared and the supersede them. The petitioner will complete items cost of the Party in Interest fee. that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner picks up the legal notice from the Office The petitioner applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal receivers a Permit Denial form completed by the notice to the local newspaper publication. Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 2: VARIANCE APPLICATION FORM: BOARD OF APPEALS: Petitioner completes an application form to petition the The petitioner should appear in his/her behalf, or be Board of Appeals for a Variance. All information as represented by an agent or attorney. In the absence of required in items 1 through and including 11 shall be any appearance without due cause on behalf of the completed. petitioner, the.Board shall decide on the matter by using the information it has otherwise receive. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: decision may be made pursuant to Massachusetts The petitioner requests from the Assessors Office a General Law ch. 40A sec. 17, within twenty (20) days certified list of Parties in Interest(abutters). after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: STEP 10: RECORDING THE DECISION AND PLANS. Petitioner submits one(1) original and 10 Xerox copies The petitioner is responsible for recording certification of of all the required information to the Town Clerk's Office the decision and any accompanying plans at the Essex to be certified by the Town Clerk with the time and-date County, North Registry of Deeds, 381 Common St., of filing. The original will be left at the Town Clerk's Lawrence MA, and shall complete the Certification of Office, and the 10 Xerox copies will be left with the Recording form and forward it to the Zoning Board of Zoning Board of Appeals secretary. Appeals and the Building Department. abaafaasilfivaafii.uiiiai .iiaiiiiif v'Y iaa.baaia asia.:ial iaiiif aai "fab.aiaauaiatli.a..:ffaiiaalaaii:.i.afiaivaudv.a:a:iiaY.i.ai:iiale.aviiiiiaaiifiiiiifaaiiaii.i.aivv.usii.iiae.3a.bfi.i '' IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev & Services 27 Charles Street, North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978=688-9566 Assessor's Office <; r6 978-688d 978-688 d Appeals Office �' } PAGE 1 of 4 JUN 9 .. ?004 BOARD OF APPEALS Page 2 of 4 Application for a VARIANCE _"r tea,.•-a,y�-,z,�- `2 r•..� -rj*,as�"s --� R -. � S ?4r ,� ��.5�..,�'[tM�.a.f=;;: 'w. � F:�� t"� � +..' � ?- �` 'Y_z ..�''�y' "ry 1 -���� .,✓'.is, � z?" ���z�3.:i��� 'w'".3� �sr.�"t'r�,�§ '*�"'�'32�X�.:i"� ���� �- nu v�L �.ah gi � "�•y,,:F.: Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: yp-siliu MAAk- q-7$- S17- 30�'f 'The petitioner shall be entered on the legal hotice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Z2—Z S�.t�h�c�s Sk, Nc�i >1v MPS ol8`tS Years Owned Land: (o Ue,h05 3. Location of Property: a. Street: 22-Zti Sa.v,\ac-,'S Sk• Zoning District Z b. Assessors: Map number_ 2-1? Lot Number: y' c. Registry of Deeds: Book Number 0 51 G 6 Page Number: o t i 4. Zoning Sections under which the petition for the Variance is made. 7 t 2 'Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request 0,-S 3� 15 ce a Ilre� U,-Y)� G h1 �� �eA i S .�kowr1 1 V (Va o � �, Q P Sia 'The above description shall be used ror the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve Wditional items not included above. 3a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current '-oning By-Law Requirements. (A and B are in the case of a lot split) .ot Area Open Space Percent Lot Frontage: Parking Minimum Lot set Back ' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear WIN % 6I��1 2,0' pro Page 3 of 4 Application for a VARIANCE_ - .«..Jn2.m:.Ats.,w.?.P..J�.a..,-ld:.L.-�,n,a.'sNS -�N�..��.o...�.�:3 Y sa.�- �r.,3 rx' •.. 'Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7.8l ib 1 �O f , $ f0 c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear % T91 30' Iy' d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side:B Rear ,�O,poo WIA 3-5� % Iso `t 30 20 Zo 30 7, a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 1335- 3 3,570 'Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total c Use of Square feet Floors Sq. feet Building' 1 !�0ZG Z Z)OOp GJG } �� ��Fi�S�rc� sxct Aer,( (,4o l�ht 'Reference Uses from the Zoning BY- w.State number of units in building. 6. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be Filed with the Town 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 dismi y the Zoning Board of this application as incomplete. Si nature � Type above name (s) here (� ✓��_ -PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Variance must be supported by a 1) Size of plan: Ten (10 ) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a variance II)One (1) Mylar. from the requirements of MGLA ch. 40A, Sec. 10.4 and III) Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be clearly identified and factually five (5) ZBA signatures and date indicated on the supported. Each point,A-F individually, is required Mylar. to be addressed with this application. *10 C. *Features To Be Indicated On Plan: A. The particular use proposed for the land or I) Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions, shape 2. zoning district(s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands (if applicable) sought which do not affect generally the zoning 5. abutters of property, within 300' radius district in which the property is located. 6. locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50 from applicants proposed structure financial or otherwise, which results from literal 7. deed restrictions, easements. enforcement of the applicable zoning restrictions II) Legend & Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Facts relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. 5. Title of Plan E. Facts relied upon to support a finding that relief 6. Names addresses and phone numbers of the sought may be given without nullifying or applicant, owner or record, and designer or substantially derogating from the intent or purpose surveyor. of the Ordinance. F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects, such as decks,sheds, and garages, application. shall require only the plan information as indicated with an. asterisks(*). In some cases further information may 10. PLAN OF LAND be required Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans 11. APPLICATION FILING FEES must be submitted with this application to the Town A. Notification fees: Applicant shall provide a Clerk's Office and ZBA secretary at least thirty (30) days check or money order to: "Town of North Andover- prior to the public hearing before the Zoning Board of #022-1760-4841" for the cost of first class, certified, appeals. return receipt($4.42 as of November 2003)x#of all parties in interest identified in MGLA ch. 40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also, the Architect may be required when the application applicant shall supply first class postage stamps involves new construction/conversion/and/or a (currently 37¢)x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four(4) 10 A. Major Projects sets of mailing labels no larger than 1"x2-5/8" (3 copies Major projects are those, which involve one of the for the Legal mailing and one copy for the Decision following whether existing or proposed: mailing). I)five or more parking spaces, C. Administrative fee of$50.00 per application. II)three(3) or more dwelling units, ►► A Variance once granted by the ZBA will lapse III) 2000 square feet of building area. in 1 (one)year if not exercised and a new petition Major Projects shall require that in addition to the above must be submitted.4 .. features, plans must show detailed utilities, soils, and topographic information. 4 p10Rrry 9 . Zoning Bylaw Review Form x _ Town Of North Andover Building Department q 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 2 a—a y 5 Map/Lot: cl zq Applicant: mo/! A Request: a G /'Y0 fir .- ,q%l, "V"91 Date: 5-Z is a o Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning 57--5 �4000 a isa reNif'y .3 o- ae, -8 o Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting tl s 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage If e S 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area ti/a. 2 Not Allowed 1 Insufficient Area 3 Use Preexisting S 2 Complies 4 Special Permit Required y s 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height Y'e S 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient pr.ope'51- I I Building Coverage 6 Preexisting setback(s) y es 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4'-- S 4 Insufficient Information 2 In Watershed J Sign N� 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 5 2 Parking Complies 3 Insufficient Information 3 Insufficient Information Y-c 3 4 1 Pre-existing Parking Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit C Setback Variance Access other than Frontage Special Permit X-3 ? Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA 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 for preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new permit application form and begin the permitting process. Building Department Official Signau{,e Application Received Application Denied Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: V ��'C/i4 / ��n/�r� NJ✓� ry .4 �r c c yn S7-1tiy /VON �vn��orwr /tib /,O 5�nva�ur,e •� (�g L /s l/AR IANC'ti S _/, o N /10 PI'S,c l A o/o-C r o-s 3 f) ge /`pyv/n�c� a.vaf G ✓LY /o /5 5 haws SeG�io !/,arIa/VCe— �o.- �a l�rNy 4 n-/So 6 19 V!P%-e/",-I N �-s of /`C v 7 PA n / 5 SPACYS P,4,0-el- urDn c5 v w►r Y oho is N a li o u/ hour Ni a,v y cYIt�ptg Ojwp (1,tiy vN, f-s arm p,�rs �ti Puk" S kb L*-,"S /Vo Referred To: Fire Health Police ZoningBoard Conservation Department of Public Works Planning Historical Commission Other Building Department Town of North Andover North Andover, MA 01845 To'whom t may concern, RE: Request for Variance A) The particular use proposed for the land or structure. We are requesting a variance on the rear setback dimensional requirement for the purpose of constructing an addition. The addition will be used for a 2 car parking garage on the ground floor which will allow you to gain access to the existing buildings residential dwelling units as well as a new dwelling unit located above the garage. B) The circumstances relating to ...conditions... affecting the property for which do not affect generally the zoning district in which the property is located. We are desirous of building an addition, our pre-existing multifamily house only has a rear setback of 10 feet whereas in a I-S zoning district the rear setback is thirty feet. The proposed addition will continue and be flush with the rear fagade of the existing house thus also only having a rear setback on ten feet. This location makes the most sense however because you can only build on the east (left side) or west(right side) of the house. In choosing the west side there is a continuous bay from the ground level to the second floor roof soffit overhang which is located in the middle of the house. As a result the addition has to be placed to the front or rear of the house. The location of the garage at the front of the house would have a greater impact on the street traffic and visually not be as mature in design and massing. Q Facts which make up the substantial hardship, financial or otherwise which results from literal enforcement of the applicable zoning restrictions. The town had changed the rear setback dimensional requirement for I-S zoning district from twenty to thirty feet. This property is unique in the fact that it is located in a residential neighborhood yet it is zoned as industrial because of its location next to the river and association with the old mills and land behind Sutton Street. This side of Saunders Street has been overlooked and should have been changed to a residential district many years ago. D) Facts relied upon to support a fmding that relief sought will be desirable and without substantial detriment to the public good. The addition we propose wont effect any of our neighbors properties. Our neighbors to the west are the only ones that will be directly impacted and yet the side yard setback of twenty feet will be maintained. Our neighbor to the southeast will not be affected at all since the wont even be able to see the addition from their house. The neighbor who owns the industrial land wont be effected because the existing house already sits ten feet away from their property boundry and since there are no immediate buildings in that area behind the proposed addition no views will be effected. There has been an increase in neighbors improving the visual aesthetics of the exterior of their houses. By building this addition it is my intention to add to the beautification of the neighborhood and hopefully even surpass some building standards with the help of an architect to maintain the historical vernacular while adding on to the existing house so it will not look like an addition. There is also a desperate need for mature plantings on the streetscape which will be met and hopefully followed in the future by other homeowners in this neighborhood. E) Facts relied upon to support a finding that relief sought may be given without nullifying deregating from the intent or purpose of the zoning bylaw. It is our understanding that the intent of the rear setback dimensional requirement is to provide sufficient distance between dwellings in the zoning district. In my case however, even though we are both located in I-S zoning district my neighbor to the north leases his land out to a landscaping company who uses the land as a contractor's yard to store gravel, sand, mulch, stones and among other things dead shrubs and plantings removed from their clients properties. As you can understand it is also in our interest to maintain such a separation and will do so to the best of my ability to meet our neighbor's needs ifs such a decision is granted. Sincerely, Vasiliy Molla Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 29 4 Vasiliy Molla 22-24 Saunders St.North Andover MA 01845 Abutters Properties Man Parcel Name Address 29 5 Philip Wentworth 28-32 Saunders St.North Andover,MA 01845 29 6 Saum Eric✓ 34 Saunders St.North Andover,MA 01845 29 7 Paul Taylor✓ 38 Saunders St.North Andover,MA 01845 29 8 rAQ J wpIdmund Hyder 44-46 Saunders St.North Andover,MA 01845 29 9 Robert Turner 54-56 Saunders St.North Andover,MA 01845 29 10 Gerald Hardy✓ 58 Saunders St.North Andover,MA 01845 29 15 Eugene Willis-v/ 76 Boston Hill Rd.North Andover,MA 01845 29 16 Dorothy Taylor 29 Saunders St.North Andover,MA 01845 29 17 John Tucci 31-33 Saunders St.North Andover,MA 01845 29 18 Ehteram Vakili v/ 6301 Glade Ave,Apt#002,Woodlane Hill,CA 91367 29 19 nthony Melillo V 15 Glen Ave.Methuen,MA 01844 29 20 V,,. UvK4reton Properties 405 Johnson St,North Andover,MA 01845 29 21 ,�-t,y, y,)Spelios Rally 329 So Main St.Bradford,MA 01835 29 22 Joseph Mulvey 11 Saunders St.North Andover,MA 01845 29 23 Town of North Andoverzz/120 Main St.North Andover,MA 01845 29 53 Joseph Nour Abdul✓ 54 Main St.North Andover,MA 01845 29 51 YCi44neAeatrice Grande 45 Main St.North Andover,MA 01845 29 1 855 Realty Trus 91 Quail Run Ln.North Andover,MA 01845 29 2&3 Phillip Miller 16 Saunders St.North Andover,MA 01845 18 1 Carlson Realty Trust 39 Main St.North Andover,MA 01845 28 14 \Anthony Conte PO Box 486 North Andover,MA 01845 28 15 Christopher Christopher Downer 23 Main St.North Andover,MA 01845 28 16&17 Carlson Realty Trust/ 39 Main St.North Andover,MA 01845 28 12&13 Sutton Redevelopment,/30 Main St.North Andover,MA 01845 28 8 Son/Sun Trust 7 Stoneybrook Ln,Salem,NH 03079 THIS INFORMATION WAS OBTAINED AT THE TOWN OF NORTH ANDOVER ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS BY:Samuel G.Cheney,Jr.Assistant Assessor 20-May-04 Page 1 of 1 This certifies that the names appearing on the records of the Assessor Office as of Certified by: Date !�z- o n II n n II II A a N - 1 A 1 1 1 1 1 B 1 A 1 I 1 1 1 1 1 _ —1 1 �a P � w - �r �e r------------------- 1 I I I I I I 1 I 1 Q , Cl CLI p I ------------------- Z l a s I I m 1 1 I rot ------------------- 1 I 1 I I I I 1 r{ q Q I 1 I I I I I I I c a n n e n n l l l n I n n II n n e l l n• aq A II II II II II 1 1 1 II A II II 1 1 1 II _ I I I -- I I 8 V Molla Residence 00m JoHN Tucci / DRAFTSMAN First Floor Plan ee� 0°x'04 WALE 3/IIW V-8' 0 33 Saunders Street North Andover, Massachusetts 01845 J 978-682-6182 II n n n II II cll A 1 II 1 I 1 II 1 A A 1 1 A 1 X A 1 A X 1 A 1 d 1 1 1 o�N s ETD El cO ' rriZ CO rn O o H 4 A II II II I A II II II I A II II II I p A II p II I I I I I I I 8 V DMolla Residence Oam JoHN Tucci / DRAFTSMAN Second Floor Plan a ae-s-o4 � 9CAIE 3/'Id'•1'—O' Q 33 Saunders Street North Andover, Massachusetts 01845 N 978-682-6182 N r oc y - O z e n 8� A --------------- . . .. . . . . . . �0 oom DRAFTSMAN Exterior Elevations D Moils Residence Jox7v Tucci / D 33 Saunders Street North Andover, Massachusetts 01845 978-682-6182 N wy - A oy �3 - O ---------------------- I lad-,, > Molla Residence O+ JOHN Tucci / DRAFTSMAN Exterior Elevations °ea` ae-a-o4 33 Saunders Street North Andover, Massachusetts 01845 N 978-682-6182 N CIO p8 •s. - Molla Residence O+ JoHN Tucci / DRAFTSMAN Exterior Elevations °ea` 0104 Q 33 Saunders Street North Andover, Massachusetts 01845 SCAM 3,Mlr-l'-W w 978-682-6182 NORTH TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS NAME ADDRESS OF APPEAL �R� - }F stlYSr+ Wa kvk £ Asa4 sr ld?r � 3a43Y4t 3 f ': F k i r. . .- Fri. . Procedure & Requirements for an Application for a Special Permit mit Ten (10) copies of the following information must be. STEP 6: SCHEDULING OF HEARING AND submitted thirty (30) days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for.a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The infopation herein is an abstract of.more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cost of the Party in Interest fee. petitioner will complete items that are underlined. STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picKs up the legal notice from the Office receivers a.Permit Denial form completed by the Codes of the Zoning Boatd of Appeals and delivers the legal Administrator. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM: STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf, or be as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf.of the petitioner, the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has otherwise receive. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4• LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's The petitioner requests from the Assessors Office a decision may be made pursuant to Massachusetts certified list of Parties in Interest(abutters). General Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one (1)original and 10 Xerox copies STEP 10: RECORDING CERTIFICATE OF DECISION of all the required information to the Town Clerk's Office PLANS. . . to be certified by the Town Clerk with the time and date The petitioner is responsible for recording certification of of filing. The original will be left at the Town Clerk's the decision and any accompanying plans at the Essex Office, and the 10 Xerox copies will be left with the County North Registry of Deeds, 381 Common St., Zoning Board of Appeals secretary. Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals andy the Building Department. . x3� asl.X3 ��' +���.'1"x�-££�:�;.' '���as� fy.::` e 1 _-f�•y.ss'g_... .. �AS-$ -'�s� :_t.-fi _ IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev & Services 27 Charles Street r} North Andover, MA 01845 978-688-9501 Town Clerk's-Office = �' 978-688=9566 Assessor's Office> 1:; 978-688-9542 fax for Community Development offices 978-688-9545 Buildinq Department 978-688-9541 �n g{o_ojf als Office PAGE 1 of 4 ,i PAGE 2 OF 4. Date & Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS - 1. Petitioner: Name, address and telephone number: 'ZZ'Z� Shu✓�QicY'S ,S'4' ��f�h 1�►'�c1ayC--('. 11f� a�`�S 'The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: ycs;V H Mo\\C\ ZZ?LF �wnac�(9 ��, Na f�� �L.�ri✓C�9 r1 P� ®�� ' Years Owned Land: 3. Location of.Property: ; 'I a. Street: Sck_vrS S}• Zoning District b. Assessors: Map number. S9 Lot Number c. Registry of Deeds: Book Number dS ►a(� Page Number: oil l t. By-Law Sections under which the petition for the Special Permit is made. j se-Ck' 9 L 9.2) Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. Describe the Special Permit request: Ck PLf rh i� �o r Nb n T Sk f U CA u(6 0� 'he above description shall be used for the purpose of the legal notice and decision. A more detailed description is quired pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 Application for a SPECIAL PERMIT NORTH ANDOVER ZONING f30ARD OP AppEALS��.� �, 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back• SIO LES � q Qt. f$q. Ft.' Cvqeraee % F� Spa es Front 1 Side Side B� Rear 0/0 b. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking '� Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear -3)0%6 3i g2 °A gg-5' b 7.8' 3ol go, Ia' o� c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum'Lot set Back" Sq. Ft. Sq. Ft. Coverage . Feet Spaces Front Side A Side B Rear GAG OONl/k 3S �� 15a' �}- 3© Zo 20 3 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* Number of Units 3-x--70 _ Res► k:���.\ �t�U\�i���1 y) �.. *Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. B. Proposed Buildings: Ground Floor . Number of Total Use of Number Square feet Floors Sq.feet Building' of Units 17 oZa 2, GAG Ger% PC.�'1�ih *Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be-filed with the Town 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 the Zoning Board of this application as incomplete. Sign iture Type above names herel G r / `"l L L PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a *10. B. *Plan Specifications: legibly written or typed memorandum setting forth in 1) Size of plan: Ten (10 ) paper copies of a plan not detail all facts relied upon. When requesting a Special to exceed 11"x17", preferred scald of 1"=40' Permit from the requirements of MGLA ch. 40A, and the 11) One (1) Mylar. North Andover Zoning By-laws, all dimensional M Plan prepared by a Registered Professional requirements shall be clearly identified and factually Engineer and/or Land Surveyor, with a block for supported. Each point, 1-6 individually, is required five(5)ZBA signatures and date indicated on the to be addressed with this application. Mylar. *10 C. *Features To Be Included On Plan: 1. The particular use proposed for the land or structure. 1) Site Orientation shall include: 2. The specific site is an appropriate location for such 1. north point use, structure or condition. 2. zoning district(s) 3. There will be no nuisance or serious hazard to 3. names of streets vehicles or pedestrians. 4.. wetlands(if applicable) 4.Adequate and appropriate facilities will be provided 5. abutters of property, within 300' radius for the proper operation of the proposed use. 6. locations of buildings on adjacent properties 5. The use is in harmony with the purpose and intent of t within 50'from applicants proposed structure Zoning Bylaw. 7. deed restrictions, easements. 6. Specific reference and response to the criteria H)Legend&Graphic Aids: required by the particular Special Permit for which 1. Proposed features in solid lines&outlined in red this application is made(i.e. the Earth Removal 2. Existing features to be removed in dashed lines Special Permit has unique criteria and submittal 3. Graphic Scales requirements.). 4. Date of Plan 5. Title of Plan 10. PLAN OF LAND 6. Names addresses and phone numbers of the Each application to the Zoning Board of Appeals shall applicant, owner or record, and designer or be accompanied by the following described plan. Plans surveyor. must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days 10 D. Minor Projects prior to the public hearing before the Zoning Board of Minor projects,such as decks,sheds,and garages, appeals. shall require only the plan information as indicated with an. asterisks (*). In some cases further information may A set of building elevation plans may be required be required when the application involves new construction/conversion/and/or a proposed change 11. APPLICATION FILING FEES in use. A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover- 10 A. Major Projects #022-1760-4841-for the cost of first class, certified, Major projects are those which involve one of the return receipt($4.42 as of November 2003)x#of all following whether existing or proposed: parties in interest identified in MGLA ch. 40A§11 on the 1)five or more parking spaces, abutter's list for the legal notice check. Also, the H)three(3) or more dwelling units, applicant shall supply first class postage stamps Ell)2000 square feet of building area. (currently 370)x the#of parties of interest on the abutter's list for the decision mailing. Major Projects shall require that in addition to the above B. Mailing labels: Applicant shall provide four(4) features, plans must show detailed utilities, soils, and sets of mailing labelsnolarger than 1"x2-5/8" (3 copies topographic information. 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. 4 4 �10RTF� Zoning Bylaw Review Form " u Town Of North Andover Building Department 41 27 Charles St. North Andover, MA. 01845 ms's gO'nr.o�°tl 4� s"`"USE Phone 978-688-9545 Fax 978-688-9542 Street: -2 a—a y _5/,I L) nV%ma c S -- Map/Lot: a G �1 Applicant: Request: a o /1/0 t/- Date: S is oz o0 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning 1 S <5-4000 a iso r,,-fy 30- a e, -d o Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting y s 2 Frontage Complies 3 Lot-A'rea Complies 3 Preexisting frontage yes 4 Insuficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area ti 2 Not Allowed 1 Insufficient Area 3 Use Preexisting S 2 Complies 4 Special Permit Required y s 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height ye 5 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient pnoPoSA- f I Building Coverage 6 Preexisting setback(s) y Ws 1 Coverage exceeds maximum 7- Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed H S 4 Insufficient Information 2 In Watershed Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 1 Insufficient Information E Historic District K I Parking 1 In District review required 1 More Parking Required 2 Not in district S 2 Parking Complies 3 Insufficient Information 3 Insufficient Information c S 4 Pre-existing Parking Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit <-3 ? Parking Variance. Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA 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 `l Special permit for preexisting J nonconformin Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new permit application form and begin the permitting process. Building Department Official Signatyr# Application Received Application Denied Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: .�R, f r� .�yy��� .0'�S;p C Y�^E�"G�rs. � .�r�EGF ����t IRf ��}ri spa � +� t .*�'nt �k2t i � • i; �fx . ,��y,� t s �`>1d +'t i�'d��t 1.' � 73+ ,�$l•'i� - +Crt { � U �Or c yc� SAti`f /vON �vnJ/�rwr Ilial 40 J ap n j Le- S /2 /ANC�t �/` QYA� S e RC m.v �no �oS Adol, 74/,.—' e1S 3 �f S /`Pyvinper° a,va� GA�jLy, /o ' /S 5 how A hll,N1 v-/sv 6 SpacYs jPaO-et' LVO 1, c5v� r77y� olm�s Nod 5 /iou/ A0W CAVY c .Ft6�,.Jg dlw.� l�Ftiy v N��-5 a r% -ti PLk" S ko LA-d /vo Referred To: Fire Health Police Zoning Board Conservation Department of Public Works Planning Historical Commission Other Building Department Town of North Andover North Andover, MA 01845 To whom it may concern, RE: Special Permit Written Documentation 1) The particular use proposed for the land or structure. We are requesting a variance on the rear setback dimensional requirement for the purpose of constructing an addition. The addition will be used for a 2 car parking garage on the ground floor which will allow you to gain access to the existing buildings residential dwelling units as well as a new dwelling unit located above the garage. 2) The specific site is an appropriate location for such use, structure or condition. We are desirous of building an addition, located on the west side of our house, which falls within the definition of"pre-existing non-conforming." The addition can only be built on the east or west side of the existing house. There is enough room on the east side to meet dimensional setback requirements, but the massing of the house will be perceived as awkward from the street and access for cars to park in the garage cant be met since there wouldn't be enough room between our house and the house to our southeast. The west side of our house is where we own an extra lot which is ideal for the location of the proposed addition. 3) There will be no nuisance or serious hazard to vehicles or pedestrians. The addition is set back from the road away from vehicles and pedestrians and with the addition of more parking within the site, more on street parking will be available. 4) Adequate facilities will be provided for the proper operation used. The facility shall not be extended by way of any sewer,water,paving or any other public facilities and are not proposed with this proposed lot and dwelling. Utilities for the addition are currently in place within the existing house however may be difficult to utilize due to accessibility. If this is the case then all proper measures will be taken to bring separate utilities in from the street. Since an extra two bedrooms and 1.5 baths will be added as part of the addition there will be additional people using or living in this house as a result. Therefore it is recommended to bring in separate utilities to relieve the stress on our water and electrical systems. 5) The use is in harmony with the purpose and intent of the zoning bylaw. It is our understanding that the intent of the rear setback dimensional requirement is to provide sufficient distance between dwellings in the zoning district. The relief we are seeking which is 20 feet, even though this surpasses setback requirement substantially we believe that it is in reason since our existing house only has a 10 foot setback from the property line and also habitable buildings in the adjacent industrial lot aren't even within 200 feet of our house. There are two older storage barns that are located about 100 feet away. Since any of these structure are not the in the immediate area no views will be obstructed. In fact a fence can be added to crate a separation physically and visually if this is of concern. 6) The criteria for this special permit being requested for the addition of pre-existing non-conforming structure is based upon our appeal on a hardship caused by storage, parking and living space conditions. The rear setback requirement for I-S zoning district has been increased from 20 to 30 feet since the time the original house was built. Ours is a unique case in that our property and adjacent properties to the west on the north side of Saunders street should have been rezoned as Residential District 4 for the future preservation of this all residential neighborhood. Since we have bought this house three of our children have now become teenagers, ever seeking the need for independence and their own space. The other two; one which has married since, also live with us. As you can see there is a desperate need for more living and storage space we would like to address this issue by adding onto the existing structure by building this fully insulated loft apartment above a two car garage that will comply in not exceeding the existing buildings gross square footage by 25% and will have two separate fire stairs for the living space. Sincerely, Vasiliy Molla Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listinq REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 29 4 Vasiliy Molla 22-24 Saunders St.North Andover MA 01845 Abutters Properties Map Parcel Name Address 29 5 Philip Wentworth 28-32 Saunders St.North Andover,MA 01845 29 6 Saum Eric 34 Saunders St.North Andover,MA 01845 29 7 Paul Taylor 38 Saunders St.North Andover,MA 01845 29 8 Edmund Hyder 44-46 Saunders St.North Andover,MA 01845 29 9 Robert Turner 54-56 Saunders St.North Andover,MA 01845 29 10 Gerald Hardy 58 Saunders St.North Andover,MA 01845 29 15 Eugene Willis 76 Boston Hill Rd.North Andover,MA 01845 29 16 Dorothy Taylor 29 Saunders St.North Andover,MA 01845 29 17 John Tucci 31-33 Saunders St.North Andover,MA 01845 29 18 Ehteram Vakili 6301 Glade Ave,Apt#k302,Woodlane Hill,CA 91367 29 19 Anthony Melillo 15 Glen Ave.Methuen,MA 01844 29 20 Breton Properties 405 Johnson St,North Andover,MA 01845 29 21 Spelios Rally 329 So Main St.Bradford,MA 01835 29 22 Joseph Mulvey 11 Saunders St.North Andover,MA 01845 29 23 Town of North Andover 120 Main St.North Andover,MA 01845 29 53 Joseph Nour Abdul 54 Main St.North Andover,MA 01845 29 51 Beatrice Grande 45 Main St.North Andover,MA 01845 29 1 855 Realty Trust 91 Quail Run Ln.North Andover,MA 01845 29 2&3 Phillip Miller 16 Saunders St.North Andover,MA 01845 18 1 Carlson Realty Trust 39 Main St.North Andover,MA 01845 28 14 Anthony Conte PO Box 486 North Andover,MA 01845 28 15 Christopher Downer 23 Main St.North Andover,MA 01845 28 16&17 Carlson Realty Trust 39 Main St.North Andover,MA 01845 28 12&13 Sutton Redevelopment 30 Main St.North Andover,MA 01845 28 8 Son/Sun Trust 7 Stoneybrook Ln,Salem,NH 03079 THIS INFORMATION WAS OBTAINED AT THE TOWN OF NORTH ANDOVER ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS BY:Samuel G.Cheney,Jr.Assistant Assessor 20-May-04 Page 1 of 1 This certifies that the names appearing on the records of the Assessor Office as of �lD Certified by: Date az- o V l IYL1 1 L 1 Lv1V LLt 1 AJH N U I,AKUIN. I K L 22-24 SAUNDERS STREET 0 MAIN STREET NORTH ANDOVER.MA 01845 Assessors Map 28 Parcel 14 Deed Bk. 2840 Pg. 219....5106/ 111 L1647 40 ' Assessors Map 29 Parcel 4 123 00 . 'Cot'a , * 73 See plan 0147 Bk. 120 P. 600 un r1 ze �o rs, O 120%Increase 50 00 40L I Parcel 4 - 12,677 s.f. L_ L— ` 13,086 s.f. (calc) L LL_ I_ - -- c1��1_ L n IL W 1 1 , • 0 30, 1 1 w aha P. Miller 16 Saunders 1 #Z 13 r Dd. Bk. & Pg. 5015 / 228 ..d P°rc -------- all Map 29 Parcel 3Q #10 1 �0 45.00, .00t 33 30'0"w LApS 50.0o, to 8°34'O" 122.85 STET P. Wentworth 28 Saunders Dd. Bk. & Pg. 1105/495 f_ o, Map 29 Parcel 5 Building height remains unchanged !L 1 `y NORTH ANDO CPOBOARD OF APPI ° s Sp o o0 Existing House I I ' ROSED ADDTITION --- "- Saunders Street 26.8 llATE OF FILING I S SIDE VIEW ff� DATE OF HEARING: SCALE: 1"-7F— f ao• Hr t1AT7-•llI- A"""ll17AT .