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Miscellaneous - 22 UPLAND STREET 4/30/2018 (2)
�. n a c y a a 0 0 A 0: TO D E / 3 TIME `/r� PM <` O FROM p PHONE ) 27, FAX ( ) OF Kv- tv� rrU v r O.S. E m E (� U E S a G E O E-MAILADDRESS SIGNED PHONED ❑gACK CALL FINED ❑ SEE YOU ❑ AGAIN ALL ❑ WAS IN ❑ URGENT ❑ RECEIPT Printed:10-25-2012 ® 10:57:22 Essex North Registry Robert F. Kelley Register Trans#: 150876 Oper:SHEILAM SCALISE Book: PL Page: 16804 Ctl#: 37 Rec:10-25-2012 @ 10:57:13a 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 Book: 13181 Page: 184 Inst#: 31461 Ctl#: 38 Rec:10-25-2012 @ 10:57:13a NAND 22 UPLAND ST DOC DESCRIPTION TRANS AMT --------- NOTICE Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 75.00 Book: 13181 Page:s187a-Inst#: 31462-- Ctl#: 39 Rec:10-25-2012 ® 10:57:13a NAND 22 UPLAND ST DOC DESCRIPTION TRANS AMT --- ----------- NOTICE --------- Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 75.00 *** Total charges: 225.00 CHECK PM 8954 225.00 14 C. t Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk D. Paul Koch Jr. Esq. Associate Members Michael P. Liporto Tyler Speck CORRECTED Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, er Mass. Gen. L. ch. 40A, § 17 j0�14 C W'S U ME pm ZgJ2 OCT -7- is Is to certify that twenty (20) days �SSACHUSE� ave elapsed from date of4ecision, filed Without filing of an! !� appeal. Town Cierk Time Stamp Date x•073o.7o/a. Notice of Decision Joyce A, Bradshaw Year 2012 Town Clerk Property at: 22 Upland Street, North Andover, MA 01845 NAME: Arthur Coppeta HEARING(S): 19 June 2012 & 14 August 2012, 11 Sep 2012 & 27 Sept 2012 ADDRESS: 22 Upland Street (Map 67 Parcel 69), PETITION: 2012-003A North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at the Town Hall, on 120 Main Street, North Andover, MA on Thursday, the 27th of September 2012 at 7:30 PM on the application of Allen E. Cuscia located at 22 Upland Street (Map 67 Parcel 69), North Andover, MA 01845. Petitioner is requesting a Special Permit and a Variance. (in accordance with Section 9 Pre-existing Nonconforming Structures or Uses, Sections 4.122 and 4.122.14, and 4.122.14.A.b of the Zoning bylaw) within an R-4 District. The Special Permit is needed to demolish a two family home and garages and to construct a new two family. Variances are also required for Side Setbacks (Table 2 of the Zoning By-laws). Legal notices for the Special Permit and Variance were sent to all the certified abutters provided by the Town of North Andover, Assessors Office, and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on June 5, 2012 and June 12, 2012. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, and D. Paul Koch Jr. The following Associate members were present Michael Liporto and Tyler Speck. Byers made a motion to Grant the Special Permit from Sections 9 and Sections 4.122, 4.122.14 and 4.122.14 A.b of the Zoning Bylaws , to demolish an existing 2 family dwelling and garages, and construct a new two family dwelling. All were in favor to Grant the Special Permit: Richard Byers, D. Paul Koch Jr. Michael Liporto, and Tyler Speck. Not in favor to grant the Special Permit: Ellen McIntyre 4-1 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 are provisions for the required off-street pa king.,Adequate and appropriate facilities will be provided to demolish the 2 family dwelling and garages and to construct a new two family dwelling on this property. The Board finds that this new prop_sed ,N. ,o, family -dwelling will not be substantially more detrimental than the existing dwelling to the;neighborhood and- that "this use, is in harmony with the neighborhood and general purpose and intent of this Bylaw. A 'Prue i 9s6 `ossa Clwk Page 1 of 2 AM` upfano Site: 22 Saandm Street, North Andover, MA 01845 (Map 67 Parcel 69), North Andover, MA 01845 Table 2 of the Zoning by laws for Side setbacks and Sections 9, and Sections 4.122, 4.122.14, 4.122.14.A b, to demolish an existing two family home and garages, and construct a new two family within the R-4 District. Plan(s) Title: 1.) "Plan of Land" Dated February 14, 2012, 2012, containing one (1) sheet, showing existing and proposed. Prepared by Andover Consultants Inc., 1 East River Place, Methuen MA 01844 2.) "Plans and drawings of the proposed 2 -family" containing (3) sheets. Received April 27,2012 (1)Rear Elevation and Left Side Elevation. (2)Front Elevation and Right Side Elevation (3) Front Apt and Rear Apt, Prepared by Michienz Drafting & Design; If you can Dream it I can Draw it! no date supplied) Voting in favor: Richard Byers, D. Paul Koch Jr. Michael Liporto, and Tyler Speck. Voting in the Negative: Ellen McIntyre, Voting Results 4-1 The Board finds that the applicant has satisfied the provisions of Sections 9 and Sections 4.122, 4.122.14, 4.122.14.A.b, to demolish an existing two family home and garages and to construct a new two family dwelling .Variances are also required for Side Setbacks (Table 2 of the Zoning By-laws) for property located on 22 Upland Street (Map 67 Parcel 69) in an R-4 District. 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) and Variance 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. AT 78 ST: A True'Q('jpy o ,rowi �& P U/ North Andover Zoni g BoaYd of Appeals Ellen P. McIntyre, Acting Chairman Richard J. Byers, Esq., Clerk D. Paul Koch Jr. Michael P. Liporto Tyler Speck Decision 2012-003A Page 2 of 2 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk D. Paul Koch Jr. Esq. Associate Members Michael P. Liporto Tyler Speck Any appeal shall be fled 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 2012 RECEIVED Ote CLERK S OFFICE 20t2 OCT -2 PPS 5� .06 TOV.i� OFTIA ;,: �"iASa ��t �i Town Clerk Time Stamp Property at: 22 Upland Street, North Andover. MA 01845 NAME: Arthur Coppeta HEARING(S): 19 June 2012 & 14 August 2012, 11 Sep 2012 & 27 Sept 2012 ADDRESS: 22 Upland Street (Map 67 Parcel 69), PETITION: 2012-003A North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at the Town Hall, on 120 Main Street, North Andover, MA on Thursday, the 27t1i of September 2012 at 7:30 PM on the application of Allen E. Cuscia located at 22 Upland Street (Map 67 Parcel 69), North Andover, MA 01845. Petitioner is requesting a Special Permit and a Variance. (in accordance with Section 9 Pre-existing Nonconforming Structures or Uses, Sections 4.122 and 4.122.14, and 4.122.14.A.b of the Zoning bylaw) within an R-4 District. The Special Permit is needed to demolish a two family home and garages and to construct a new two family. Variances are also required for Side Setbacks (Table 2 of the Zoning By-laws). Legal notices for the Special Permit and Variance were sent to all the certified abutters provided by the Town of North Andover, Assessors Office, and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on June 5, 2012 and June 12, 2012. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, and D. Paul Koch Jr. The following Associate members were present Michael Liporto and Tyler Speck. Byers made a motion to Grant the Special Permit from Sections 9 and Sections 4.122, 4.122.14 and 4.122.14 A.b of the Zoning Bylaws , to demolish an existing 2 family dwelling and garages, and construct a new two family dwelling. All were in favor to Grant the Special Permit: Richard Byers, D. Paul Koch Jr. Michael Liporto, and Tyler Speck. Not in favor to grant the Special Permit: Ellen McIntyre 4-1 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 are provisions for the required off-street parking. Adequate and appropriate facilities will be provided to demolish the 2 family dwelling and garages and to construct a new two family dwelling on this property. The Board finds that this new proposed two family dwelling will not be substantially more detrimental than the existing dwelling to the neighborhood and that this use, is in harmony with the neighborhood and general purpose and intent of this Bylaw. . Page 1 of 2 Em Site: 22 Saunders Street, North Andover, MA 01845 (Map 67 Parcel 69), North Andover, MA 01845 Table 2 of the Zoning by laws for Side setbacks and Sections 9, and Sections 4.122, 4.122.14, 4.122.14.A b, to demolish an existing two family home and garages, and construct a new two family within the R-4 District. Plan(s) Title: 1.) "Plan of Land" Dated February 14, 2012, 2012, containing one (1) sheet, showing existing and proposed. Prepared by Andover Consultants Inc., 1 East River Place, Methuen MA 01844 2.) "Plans and drawings of the proposed 2 -family" containing (3) sheets. Received April 27,2012 (1)Rear Elevation and Left Side Elevation. (2)Front Elevation and Right Side Elevation (3) Front Apt and Rear Apt, Prepared by Michienz Drafting & Design; If you can Dream it I can Draw it! no date supplied) Voting in favor: Richard Byers, D. Paul Koch Jr. Michael Liporto, and Tyler Speck. Voting in the Negative: Ellen McIntyre, Voting Results 4-1 The Board finds that the applicant has satisfied the provisions of Sections 9 and Sections 4.122, 4.122.14, 4.122.14.A.b, to demolish an existing two family home and garages and to construct a new two family dwelling .Variances are also required for Side Setbacks (Table 2 of the Zoning By-laws) for property located on 22 Upland Street (Map 67 Parcel 69) in an R-4 District. 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) and Variance 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 BoaPd of Appeals Ellen P. McIntyre, Acting Chairman Richard J. Byers, Esq., Clerk D. Paul Koch Jr. Michael P. Liporto Tyler Speck Decision 2012-003A Page 2 of 2 Town of North Andover ZONING BOARD OF APPEALS qti Albert P. Manzi III, .Esq. Chairman Of poRT#t Associate Members Ellen P. McIntyre, Vice -Chairman 3? a ' _ °� Michael P. Liporto. Richard J. Byers,Esq. Clerk ° p Tyler Speck D. Paul Koch Jr., Esq. s Zoning Enforcement Officer gD"AT.D �� <y Gerald A. Brown 9SSAGHt1`�� t Please add this additional information to your packet for the August 14th ZBA meeting. 4. Continued Public Hearing a) Special Permit and Variance R-4 Zoning District, Arthur Coppeta, 22 Upland Street (Map 67, Parcel 69). In attendance at last Public hearing on 6=19-12: Ellen McIntyre, Richard Byers, Paul Koch Jr. Michael Liporto and Tyler Speck See you all next week at the Town Hall. .J Have a great day, Angela 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townof[iorthandover.com C 0'Y DOMENIC J. SCALISE Attorney at Law 89 Main Street North Andover, MA 01845 �a IE Q d [E Telephone (978) 6824153 D Fax (978) 794-2088 Email: djscalise@djscalise.com AUG 5 2012 August 3, 2012 North Andover Board of Appeals 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 BOARD OF APPEALS RE: Applicant — Allen E. Cuscia Property — 22 Upland Street, North Andover, MA Dear Members of the Zoning Board of Appeals: Concerning the above captioned application for a Special Permit and Variance, certain issues were raised at the last Board meeting on June 19, 2012, regarding the location of utilities servicing the locus property. I enclose herewith copies of the following letters in order to resolve these issues: (1) Two letters from Timothy Willett, Operations Manager for the North Andover Public Works regarding the water and sewer lines for 22 Upland Street; (2) Service record with drawing (field card) from Columbia Gas showing gas line to locus property from Upland Street; (3) Letter from Nation Grid explaining location of electric service to 22 Upland Street property. All of these letters, etc., confirm that utilities to 22 Upland Street originate at Upland Street. Also, I am enclosing a copy of two records from the North Andover Assessor's Office showing the two family status of the locus property. V truly yo ` Dom J. Scalise DJSh Encl: CC: A. Cuscia Tom Saab Associates Mail - 22 Upland St 22 Upland St Willett, Tim <twillett@townofnorthando\oer.com> To: "rock @tomsaabrealestate. com" crock@tomsaabrealestate.com> Hi Rock, I have check our records and found that the water and sewer service lines for 22 Town's main lines in Upland Street. Timothy Willett Operations Manager North Andover Public Works 384 Osgood Street North Andover, MA 01845 Phone 978.685,0950 Fax 978,688,9573 Email twillett@townotnortharidover.com Web www,TownofNorthAndover,com Thu, Jul 26, 2012 at 9;37 AM Street connect to the Pieaw note the MassachusettsSecretary of State's off Ice has determined that most email sto and from unicipai offioes and officials are public records, For more information pleaa3 refer to: t\ttp://wwv.sec.stato.ma.uslpre/preidx.htm. Please consider the environment before printing this email, Rocco UiGlorla <rock@tomsaabrealestate.com> Thu, Jul 26, 2012 at 12;18 PM ,ttps;//mail,google,com/mail/u/0/?ui=2&ik=cadf8f641 s&view=pt&search=lnboX&th;.'1138c381 b55eaga76 11 Timody f Pr illat Operaiions Manager June 29, 2012 RockMkwria Tom Saab Realty RE: 22 Upland St & 103 I-Egh Street . TO" OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909 BRUCE D. THIBODEAU. P.E. DIRECTOR Fax (978) 688-9573 j Dear M. DiGloria: We have checked our records and found that the meter and seNwr services for 103 High Street and 22 Upland -Street are separate and independent lines:. Each property is billed separately with its own account very truly yours, Timothy J. Willett Operations N&nager OUTSIDE --SIZE FITTINGS NO. KIND OR LENGTH SPECIAL HO._SIZE KIND OR DEVICES REMARKS INSIDE FITTINGS i10.^SIIE KIND OR LENGTH ST'D TAP CURS BOX RISER • SADDLE �� / •}- CURS COCK RISER COCK TEE ELL HOUSE REGL'R RIGID SET* RIGID SET DRIP LEAD SET piPE e! DRIPS TOWARD FIRE VALVE COUPLING METER COCK - VALVE SEAL IHSUL'N JOIN j.AIN ORIp_,����� 1/AIH VALVE . • INCLUOCf FIRE VALVC AND MCTCRCOCK. FOR. M -22 47.9 SIGNED- �M� PLOTTED DATE DArr nationalgrid June 27, 2012 Attn: Rocco DiGloria Tom Saab Real Estate 25 Jackson St:. Methuen, MA 01844 RT3: 22 Upland St, North: Andover; MA..01845 Dear Rocco DiGloria, This letter is'in response to your request for information about the electric service for 22`Upland St, North Andover, MA 01844: According to National Grid's records, electric service is provided to 22 Upland St, North Andover, MA by National Grid overhead from pole 4772 off of Upland St. Should you have any questions, please contact me at 781-907-3516 Sincerely, Sean Nye Customer Order Fulfillment National Grid 40 Sylvan Rd Waltham, MA 02451 fil N w N O (� a co . O . O LO } .. o ;:: p W a' o co 04 0>`- Z W e N O v c n i ~ i ym ma Q�0omZc o Eoa c� rnv Tc - z.: ic9a l m'U50 Ztn` zUuj ® a o ' N Q '� (� o V „ ? v is �•� F- N ¢ LU O=tn apo �K m Zoo i p4M L-ILm ��.. m b N CLZ Q _ rtiLLU I-� Zc 4 WN mm 2� > Q ° Q�' ISm n. ui hi 5ai v ° F.. m m � <Q • w U N T� i �C... L' U-) '�Wr NN ; =DF-� O V Q i 61 N f a� cd m . ca m � rn ,N miaia m ��RF= N W Q (n tq tq CO (7 m o ..o- QT a m O E oo p~ '•"' - � _ >l�,ca d ]�• Sz - � ,�- `' r �•. Owl L'(n ` .. - �,�.���.y'e"-• � �.:-,i�FZ , . .. .,.. >. y01 O D. d A y +yi N O oL'F l0m •••� r r I ¢016 �.NQv Dia �D�04 N 00 ca dC, mdm rn UU_ _ .� N•NOO COC°C NN �F-t-f- �WU>-» K m a* OQ cmyy d O ' U/CU)-.-U Y.O ovw Y QmLLm- w (T)0¢¢o i U p 0 p toN. O — aD { co Z O LL 1 Q to °id0� ¢�¢¢ �'3 oEo r< e CO co t2 0 o LL •,.O Z LL o •l64�G CO dam°CSU O - .. .. Q 0 Z ��¢7F- w> CL IL Q � r O p U to Ii: M { O Z Y.. 0 O N iii t LL (d t N ca fA Q o ni to m o'ommmCl�° Q: J a N ° Q m m m C U ` fD to O W w W-, W Qom. .G'� �' G { O D -(L O d 7 -ro'- -_ m:m ¢ d, N N ,r- --..; r-?' „yr _• x y�iy; L) c GG w F-mu_zuimx r G_ O a 0 r- LL m 0 N O N t C C U {V{-- rn h- o W w �N i 4)r m SiZ+o�•�r°n- mda�i Y c c� Nv�aul�u° =III a N I AM 0 V21/12 pinergy - Assessment and Sales Report Assessment and Sales Report dit)s::r c f,<r:es stzs ;ation Address: 22 Upland St, North Andover, MA 01845-1722 Map Ref.: M:00067 B:00069 L:00000 Zoning: R4 Owner. 1: Frederick Coppeta Owner 2: Owner Address: Use: 22 Upland St, North Andover, MA 01845-1722 2 -Family Residence Style: Decker Levels: 2 Lot Size: 0.19 Acres (8276 sgft.) Year Built: 1920 Total Area:. 0 sqft. Total Rooms: 9 Living Area: 1606 sgft. Bedrooms: 2 First Floor Area: 918 sqft. Full Baths: 2 Addl Floor Area: 0 sgft. Half Baths: 0 Attic Area: 0 sqft. Roof Type: Gable Finished Basement: 0 sqft. Heat Type: Steam Basement: 0 sqft. Fuel Type: Natural Gas Basement Type: Exterior: Aluminum Vinyl Attached Garage: 0 Foundation: Other Garage: 0 Air Conditioned: No Fireplaces: 0 Condition: Last Sale Date: Average 7/9/2004 Last Sale Price: �_..._ $0 Last Sale Book: 8918 Last Sale Page: 218 Map Ref.: M:00067 8:00069 L:00000 Tax Rate (Res): 13.92 Land Value: $158,000 Tax Rate (Comm): 19.16 Building Value: $104,900 Tax Rate (Ind): 19.16 Misc Improvements: $0 Fiscal Year: 2012 iotaiValue:' Recent Mortgage #1 $262;900 Esti-rete Tax: $3659,57 Buyer Name: Frederick Coppeta Lender Name: Merrimac Valley Fcu Mortgage Amount: $100,0.00 Mortgage Date: 6/2/2009 Mortgage Book: 11619 Mortgage Page: 188 Recent Mortgage #2 Buyer Name: Frederick Coppeta Lender Name: Merrimac Valley Fcu Mortgage Amount: $100,000 Mortgage Date: 8/6/2004 Mortgage Book: 0 Mortgage Page: 0 The information in the Public Record is set forth verbatim as received by MLS PIN from third parties, without verification or change. M LS PIN is not responsible for the accuracy or completeness of this information. '/,3/12 Tom Saab Associates Mail - FW: Scanned image from Town Hall 1st floor FW: Scanned image from Town Hall 1st floor Cheney, Skip -�scheney@townofnorthandover.com> Tue, Jul 3; 2012 at 12:56 PM To: "rock@tomsaabrealestate.com" <rock@tomsaabrealestate.com> Rocco, use code 104'is .the state use code fora two family. dwelling -----Original Message ----- From: noreply@townofnorthandover.com [mailto:.noreply@townofnorthandover.com] On Behalf Of noreply@ Sent: Tuesday,, July 03, 2012 2:12 PM T,o _hertey, -Ski ye .: '- Siab;nct. wranned image from Town Hall. 1st floor DEVICE NAME: Copy Room., Town Hall, First Floor DEVICE MODEL: im4512 LOCATION: Town Hall, First Floor Copy Room FILE FORMAT: PDF MMR(G4) RESOLUTION: 300dpi x 300dpi Attached file is scanned image in PDF format. Use Acrobat(R)Readet4.0 or later version, or Adobe(R)Reader(TM) of Adobe Systems Incorporated to view the document. Acrobat(R)Reader4.0 or later version, or Adobe(R)Reader(TM) can be downloaded from the following URL: Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered trademarks or trademarks of Adobe Systems. Incorporated in the United States and other countries. http://www.adobe.com/ munlcipai onicesanci uii0ufui a .utu Nuuaeu.l� http,//www.sec.state.ma.us/pre%preidx.htm. Please consider the environment before printing this email. pore p'ly@tow nofnortha ndove r.com_20120703_131139.pdf 96K RoccoDiGloria <rock@tomsaabrealestate.com> To: "Chenni ey, Skip"' <scheney@townofnorthandover.com> Thanks very rriuch for he quick service, Skip ... a big help! Rock DiGloria Tom Saab R.E. [Quoted text hidden] gills to=and from: -.- _. Tue, Jul 3, 2012 of 1:14 PM ittps:Hmail.google.com/mail/u/0/?ui=2&ik=cadf8f6415&view=pt&search=inbox&th=l 384dc52fa54a66a 7 � Y TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS AD Procedure & Requirements for an Application for a Special Permit Ten (10) copies of the following information must be submitted thirty 30) days prior to the first pubiic'hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the. Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and, receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP .2: SPECIAL PERMIT APPLICATION FORM Petitioner completes an application form to petition the Board of Appeals for a Special Permit- All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 4: 'LIST OF PARTIES IN INTEREST: The petitioner requests the Assessors Office to compile a certified list of Parties'in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: Office of Community Dev. & Services 978-688-9533 1600 Osgood Street Building 20, Suite 2-36 North Andover, Massachusetts 01845 Fax 978-688-9542 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals office SPECIAL PERMIT � n,'f` EC E ra ct-c. A l0: 4 a HASC STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney: In the absence of any appearance t�rithe;�Z due Cause or, behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: . After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision, Mylar, and any accompanying plans at the Essex County North Registry of Deeds, 384 Merrimack St., Lawrence MA 01843, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. IMPORTANT PHONE NUMBERS: North Andover Town Hall 120 Main Street 978-688-9566 Assessor's Office 971;-688-9501 Town Clerk Page 1 of 4 Page 2 of 4 North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT Please complete al/ items 1 - 1,0 on pages 2 through 4: 1. Petitioner: 'Name, *Address and telephone number: Allan E. Cuscia 978-682-8948 349 Bear Hill Road North Andover, MA 01845 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number and number of years under this ownership: Arthur R. Co eta 87 Tong Pond Road Danville -NH 03819 Years 1.Owned Land: 1 1/2 years 3. Location of Property:. a.Street: 22 Upland Street Zoning District: R-4 b. Assessors: Map Number_ 67 Lot Number. 69 c. Registry of Deeds: Book Number 8918 Rage N::mber: 218 4. General Bylaw Section(s) under which the petition for the Special Permit is made. Section 9 -"Pre-existing non -conforming structure or use; 4.122 -Residential 4 District; 4.122.14—Residential Dwelling; 4.122.14.A.b-Two family dwelling by Special Permit from Zoning Board of Appeals in accordance with Section 10.3 and 4.122.14D of the by-law *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: Applicant seeks a Special Permit in order to demolish the.existing old two (2) family dwelling and construct a new two family dwelling. The property is in a Residence -4 (R-4) Zoning District and two family residences are allowed by Special Permit from the Zoning Board of Appeals The above. description shall be used fot the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page . 4, section 9 of this application. rage .6 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft Sq. Ft. Coverage Feet S aces Front Si � A Side B Rear 8,097 — — % 50 70.E;0 21.9' 2.5- 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking . Minimum Lot Setback S Ft Sq. Ft, Coverage Feet 8, A. Spaces Front 4 Side A Side B Rear - - % 50' I 30' 8' 1.4' 6.1 6C. Required Lot: (As required by Zoning Bylaws & Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft Sq. Ft. Coverage Feet 12,500 Spaces F intA 4. 30' Side B .Rea6' — — % 100' ... 15' 3 7A. Existing Buildin s : Existing two'family residence andgarage to be razed. Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units*' 7B. Proposed Building(s): Ground Floor Number of Total Square feet Floors Sq. feet 1,500 2 3,000 - mererence uses from the Zoning Bylaws & Table 1. 'State number of units in building. Use of Building* Two family residential bldg. Number of Units" 2 *Reference Uses from the Zoning Bylaws & Table 1. **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 foram of the Zoning Board of Appeals. Every application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of .this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the -Zoning Board Rules and Regulations may result in a dismissal by the Zoning Bo rd of this application income. Signature Allan E. Cuscia Type above names here Domenic J. Scalise, Attorney for Applicant 89 Main Street, North Andover, MA 01845 G� 978-682-4153 9. WRiTTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Special Permit from the requirements of MGL.A ch. 40A, and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. All points, 1-6, are required to be addressed with this application. 1. The particular use proposed for the land or structure. 2. The specific site is an appropriate location for such use, structure or condition. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. The use is in harmony with the purpose and intent of t Zoning Bylaw. 6. Specific reference and response to the criteria required by the particular Special Permit for which this application is made (i.e. the Earth Removal Special Permit has unique criteria and submittal requirements.). 10. PLAN OF LAND Each application to the Zoning Board of kppeals shall be accompanied by the following described plan.; Plans must be submitted with this applicationto the Town Clerk's Office and ZBA secretary at least thirty (30) day; prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/a conversion/ and/or a proposed change in use. . 10 A Major Projects Major projects are those, which involve one of the following whether existing or proposed: 1) five or more parking spaces, II) three (3) or more dwelling units, III) 2000 square feet of building area. Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. *10. B. *Plan Specifications: I) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1 "=40' V O `v1ML. r-F.iSIVI1 1 In One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures and date. IUD Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. `Please note that plans by a Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. *10 C. *Required Features On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district(s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. H) Legend & Graphic Aids shall include: 1. Proposed features in solid fines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner of record, and land surveyor. 7. Locus. 10 D. Minor Projects M.nor projects, such as declms, slieds, and garages, shall require only the plan information as indicated v�th an. asterisks (*). In some cases further information may be reQuired 11. APPLICATION FILING FEES A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover for the cost of first class, certified, return receipt x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps x the # of parties of interest on the abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1 "x2-5/8" (3 copies for the Legal mailing and one copy for the Decision mailing). C. See 2005 Revised Fee Schedule. ®® A Special Permit once granted by the ZBA will lapse in 2 (two) years if not exercised and a new petition must be submitted. ®® µORTr{ S12 6_SY �L. h {c 7• �sq'lowlnn '"pS' SSncHus6 OF TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS E. Cuscia 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. Failure to submit the required. information within the time periods prescribed may result in a -dismissal by the Zonino Board of an application as incomplete.. The information herein is an abstract of more speck requirements fisted in the Zoning Board Rules and Regulations and is not meant to supersede them.. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL.: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: VARiANCE APPLICATION FORM: Petitioner completes an application form to pafh,on' the Board of Appeals for a Variance. All information as required in items 1 -through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in page 4, section 10 of this form. STEP 4: OBTAIN LIST OF PARTIES 1N INTEREST, The petitioner requests the Assessor's Office to compile a certified list -of Parties in Interest (abutters). VARIANCE :- r -h Andover, MA 01845 Town Clerk Time'Stamp STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the26hing Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of. the Party in Interest fee. STEP 7: DELIVERY -OF LEGAL NOTICE TO ' NEWSPAPER The petitioner picks up the legal. notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on. behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 4:OA § 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1) original and ten (10) Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 384 Office to be certified by the Town Clerk -with the time and Merrimack St. Suite #304, Lawrence MA, 01843 and date of fling. The original will be left at the Town Clerk's shall complete the Certification of Recording form and Office, and the 10 Xerox copies will be left with the forward it�to the Zoning Board of Appeals and to the Zoning Board of Appeals secretary. Building Department. IMPORTANT PHONE NUMBERS: 978-688--9533 Office of Community Dev. & Services 1600 Osgood St., Bldg. 20, Suite 2-36 North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 Building Department 978-688-9541' Zoning Board of Appeals office North Andover Town Hall 120 Main Street 978-688-9501 Town Clerk's Office 978-688.9566 Assessor's Office PAGE 4 of 4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a -VARIANCE Please com let ali.items:l'+10°felo:'3 w`=: <:^:' P w�: w 1. Petitioner: *Name, *Address and telephone number: Allan E Cuscia 978-682-8943 349 Bear -Hill Road North Andover, MA 01845 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: -Name, Address, telephone number, and number of years under this ownership: Arthur R. coppetta 89 Long Pond Road Danville, NH 03819 Years Owned Land: 1 1/.2 years 3. Location of Property: a. Street: .22 UPland Street Zoning District: R-4 b. Assessors: Map number: 67 Lot Number: 69 c. Registry of Deeds: E ook Number: - 8918 Page Number: 218 4. Z®ning Bylaw Section(s)* under which the petition for the Variance is -evade. section 7.3 - Yards (setbacks) as set forth in Table 2 of the Zoning By -Law. "Refer to the Zoning Bylaw Denial and Pian Review Narrative form as supplied by the Building Commissioner. .5. Describe the Var ance request: Applicant seeks a variance from the sideline setback requirements of Table 2 in order—to dPmol; h the existing old two (2) family dwelling and construct a new two.(2) family The above description shall be used for the purpose of the legal notice and decision. A more detailed deseriplion is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will' not Involve additional Items not Included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s).that will not meet current Zoning Bylaw Requirements: (Lines A and B are in case of a lot split) Lot Area Open SpacePercentage Lot Frontage .Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side'B Rear A. - B. % NORTH ANDOVER ZONING BOARD -OF APPEALS application for a A I L : 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 8,097 — — 50' 4 6 C. Proposed Lot(s); Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 8,097 — — 50' 4 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 12,500 - - 100' 4 Minimum Lot Setback Front Side A Side B Rear 70.8 . . 4.9' 21.9.' * 25' Minimum Lot Setback Front Side A Side B Rear 30' 8' 14' 6.1,4 Minimum Lot Setback Front Side A Side B Rear 30' 151 ' 15' 30' 7A.- Existing Building(s),.-Existing two family residence and garage to be razed. Ground Floor Number of Height Total . Use of Number Square feet Floors Sq. feet Building` of Units" *Reference Uses from the Zoning Bylaw & Table 1. "*State number of units in building(s). 7B. Proposed Building(s): Ground Floor . Number of Height Total Square feet Floors Sq. feet 1,500 2 a�, j 3,000 Use of - Number Building* of Units** Two family.residenteial bldg. 2 *Reference Uses from the Zoning Bylaw & Table 1. . "*State number of units in building(s). 6. Petitioner and Landowner signature(s): Every application fora Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting . documentation with this application. The dated copy of this application received by the Town Clerk*or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. k nature: ��✓ Allan E. Domenic J. Scalise, Attorney for the Applicant 89 Main St., North Andover, MA 01845 �Z��'l-' 978-682-4153 PAGE 4 OF 4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth -in detail all facts relied upon. When requesting -a Variance from the requirements of MGL A ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws,. all dimensional requirements shall be -clearly identified and factually supported.- All points, A -F, are required to be addressed with this application. A. The particular use proposed. for the land or structure. B. The circumstances relating to soil conditions, shape or topography of such1and or structures -especially affecting the property for which the Variance is sought which do not affect generally -the zoning district in which the property is located. . C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable.zoning restrictions with respect to the land or building for which the variance is sought. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. E. Facts relied upon to support a finding that relief sought may be given.without nullifying or substantially derogating from the intent or purpose of the Ordinance. F. Submit RDA -from Conservation Commission when Continuous Buildable Area is applied for in ZBA. application. 10. PLAN OF LAND Each application to the'Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this applicatiortto the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10. A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: I) five (5) or more parking spaces, II) three (3) or more dwelling -units, III) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show detailed utilities, soils, and topographic information. 10:1B. *Plan Specifications: VARIANCE 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x17", preferred scale of 1"=40' In One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures & date. 111) Plan shall be prepared, stamped and certified by a Registered -Professional Land Surveyor. Please note that plans by. a Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect.may be required for.Major Projects. *10 C. *Required Features On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties Within 50' from applicants proposed structure 7. deed restrictions, easements. '11) Legend & Graphic Aids shall Include - 1 . nclude:1. .Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plar.. 5. • Title=of Pian .6. Names addresses and phone numbers of the applicant, owner or record, and land.surveyor. .7. Locus 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, he ,n f.. 1l.. 1 Snail fegLiire only tic pion•inivrmatiun as iiidicatad Wiin an. asterisk (*), in some cases further information may be required. 11. APPLICATION FJUNG FEES 11. A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover" for the cost of first class, certified, return receipt x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class -postage stamps x the # of parties of interest on the abutter's list for the decision mailing. 11.13. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 11"x2-5/8" (3 copies for the Legal, and one copy for the Decision mailing). fit. C. Applicant shall provide a check or money order to: `Town of North Andover" per 2005 Revised Fee Schedule. P A Variance once granted by the ZBA will lapse in 1 (one) year if not sxerclsed and anew petition must be submitted.- Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman 3? a :�' ^•.'a Ellen P. McIntyre, Vice-Cbairman o Richard J. Byers, Esq. Clerk ~ D. Paul Koch Jr. Esq. 4 Legal Notice North Andover Board of Appeals Associate Members Michael P. Liporto Tyler Speck Zoning Enforcement Officer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Senior Center, 120R Main Street, North Andover, MA on Tuesday, June 19th, 2012, at 7:30PM to all parties interested in the petition of Allen E. Cuscia for property located at 22 Upland Street (Map 67, Parcel 69), North Andover, MA 01845. Petitioner is requesting a Special Permit and a Variance (in accordance with Section 9 Pre-existing Nonconforming Structures or Uses, Sections 4.122 and 4.122.14, and 4.122.14.A.b of the Zoning bylaw) within an R-4 District. A Special Permit is needed to demolish a two (2) family dwelling and garages, and to construct a new two family dwelling. A Variance is also required for Side Setbacks (Table 2 of the Zoning By-laws) Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Thursday from the hours of 8:OOAM to 4:OOPM and Friday from the hours of 8:OOAM to 11:30PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: June 5, 2012 June 12, 2012 v ♦ y TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS E ' e OWC14 DRES Procedure & Requirements for an Application for a Special Permit Ten (10) copies of the following information must be submitted thirty 30 days prior to the first pubiic'hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the. Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: SPECIAL PERMIT APPLICATION FORM Petitioner completes an application form to petition the Board of ewpeals for a Special Permit. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 4: LIST OF PARTIES IN INTEREST: The petitioner requests the Assessors Office to compile a certified list of Parties in Interest (abutters). STEP ,: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board. of Appeals secretary. IMPORTANT PHONE NUMBERS: Office of Community Dev. & Services 978-688-9533 1600 Osgood Street Building 20, Suite 2-36 North Andover, Massachusetts 01845 Fax 978-688-9542 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals office SPECIAL 3 s PERMITr_>". 9. -`` 20I � M'A i i I mi to I.1 Town Clerk Time Stamp a=sera; s f�l��� 3) �(``'j`j� gl'7i� v 0 R 1 {i i' I L{ 0 VE li ilASSACI-Iij— Or- d .I STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee.. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local. newspaper for'publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance %4tnout due causeb Lit n .. L.: vf:Q`i [il [iCv petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION:. After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision, Mylar, and any accompanying plans at the Essex County North Registry of Deeds, 384 Merrimack St., Lawrence MA 01843, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. IMPORTANT PHONE NUMBERS: North Andover Town Hall 120 Main Street 978-688-9566 - Assessor's Office 978-688-9501 . Town Clerk Page 1 of 4 Page 2 of 4 North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT Please complete all items 1 - 10 on pages 2 through 4: 1. Petitioner: *Name, *Address and telephone number: Allan E. Cuscia 978-682-8948 349 Bear Hill Road North Andover, MA 01845 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number and number of years under this ownership: Arthur R. Coppeta 87.6na Pond Road Danville NH :03819 Years.owned Land: 1 1/2 years 3. Location of Property:. a. Street: Y land Street Zoning District: R-4 b. Assessors: Map Number 67 Lot Number: 69 C . Registry of Deeds: Book Number 8918 Page Number: 218 4.. General Bylaw Section(s) under which the petition for the Special Permit is made. Section 9 -'Pre-existing non -conforming structure or use; 4.122 -Residential 4 District; 4.122.14 -Residential Dwelling; 4.122.14.A.b-Two family dwelling by Special Permit from Zoning Board of Appeals in accordance with Section 10.3 and 4.122.14D of the by-law" *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: Applicant seeks a Special Permit in order to demolish the existing old two (2) family dwelling and construct a new two family dwelling. The property is in a Residence -4 (R-4) Zoning District and two family residences are allowed by Special Permit from the Zoning Board of Appeals The above description shall be used fog the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. rage $ OT 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft Sq. Ft. Coverage FeetS aces Front S" P Side B Rear 8►097 — — % 50' T 70.8 ,0 21.9' 2.5' 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking . S Ft Sq. Ft. Coverage Feet Spaces 8109 1 - - %50' 4 u� 6C. Required Lot: (As required by Zoning Bylaws & Table 2)) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft Sq. Ft Coverage Feet Spaces 12,500 — — % 100' 4 Minimum Lot Setback Front Side A Side B Re r 30' 8' 14' 6' Minimum Lot Setback FrQrd Si! , Side . R 301 7A. Existing Building(s): Existing two family residence and garage to be razed. Ground Floor • Number of Total Use of Number Square feet Floors Sq. feet Building" of Units" 7B. Proposed Buiiding(s): Ground Floor Number of Total Square feet Floors Sq. feet 1,500 2 3,000 *Reference Uses from the Zoning Bylaws & Table 1. **State number of units in building. Use of Building* Two family residential bldg. *Reference Uses from the Zoning Bylaws & Table 1. State number of units in building. Number of Units" 2 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 filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the -Zoning Board Rules and Regulations may result in a dismissal by the Zoning BgArd of this application incompj0e. Allan E. Cuscia TVDe above names) here Domenic J. Scalise, Attorney for Applicant 89 Main Street, North Andover, MA 01845 978-682-4153 -9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Special Permit from the requirements of MGLA ch. 40A, and the North Andover Zoning By-laws, all dirnensional requirements shall be clearly identified and factually supported. All points, 1-6, acre requ fired to be addressed with this application. 1. The particular use proposed for the land or structure. 2. The specific site is an appropriate Vocation for such use, structure or condition. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. S. The use is in harmony with the purpose and intent of t Zoning Bylaw. 6. Specific reference and response to the criteria required by the particular Special Permit for which this application is made (i.e. the Earth Removal Special Permit has unique criteria and submittal requirements.). 10. PLAN! OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan.: Plans must be submitted with this application. to the Town Clerk's .Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by m Registered Architect may be required when the application involves new construction/a conversion/ and/or a Proposed change in use. . 10 A Major Projects Major projects are those, which involve one of the following whether existing or proposed: 1) five or more parking spaces, II) three (3) or more dwelling units,. III) 2000 square feet of building area. Major Projects shall require that in additi on to the above features, plans must show detailed utilities, soils, and topographic information. *10. B. *Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1"=40' 7---- - - - wi '—vthL. 1 r.ttIVII 1 11) One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures and date. IM Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. C. *Required Features On Plan: n Site Orientation shall include: 1. north point 2. zoning district(s) 3. names of streets 4. wetlands (if applicable) S. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. H) Legend & Graphic Aids shall include: 1. Proposed features in solid fines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner of record, and land surveyor. 7. Locus. 10 D. Minor Projects M.nor projects, Fuch as decks, speeds, and aarsriss, shall require only the Dian information as indicated with an. asterisks (`). In some cases further information may be required 11. APPLICATION FiLING FEES A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover for the cost of first class, certified, return receipt x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps x the # of parties of interest on the abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larder than 1 "x2-5/8" (3 copies for the Legal mailing and one copy for the Decision .mailing). C. See 2005 Revised Fee Schedule. Imo® A Special Permit once granted by the ZBA will lapse in 2 (two) years if not exercised and a new petition must be submitted. ®® MEMORANDUM APPLICANT: Allan E. Cuscia PROPERTY: 22 Upland Street, North Andover, MA 01845 1. The Applicant seeks a Special Permit and a Variance in order to raze the existing old two (2) family residential structure and construct a new two (2) family residential. building. 2. The site is located in a Residence 4 (R-4) multi -family zoning district. The immediate area contains numerous multi -family structures. 3. The proposed residential use is in harmony with the neighborhood and poses no risk of nuisance or hazard to public safety. 4. The proposed use is a two (2) family residential dwelling which is located on a dead end street in the R-4 zoning District and is in harmony with other residential dwellings in the immediate neighborhood. S. The use is in harmony with the purpose and intent of the Zoning By -Law, but requires a Special Permit to convert the existing structure to two (2) family dwelling and a Variance for relief from the side line setback requirements of the Zoning By -Law. The project required no other dimensional relief.. 6. This application seeks a Special Permit to convert a two family structure to a two (2) family dwelling in an R -4 -Zoning District which is an allowed use by Special Permit from the Zoning Board of Appeals, as well as a Variance for relief from the side line setback requirements of the Zoning By -Law. Respectfully submitted, r Domen! Scalise, Esq. Attorney for the Applicant APPLICANT: Allan E. Cuscia PROPERTY: 22 Upland Street, North Andover, MA 61845 1. The Applicant seeks a Special Permit and a Variance in order to raze the existing old two (2) family residential structure and construct a new two (2) family residential. building. 2. The site is located in a Residence 4 (R-4) multi -family zoning district. The immediate area contains numerous multi -family structures. 3. The proposed residential use is in harmony with the neighborhood and poses no risk of nuisance or hazard to public safety. 4. The proposed use is a two (2) family residential dwelling which is located on a dead end street in the R-4 zoning District and is in harmony with other residential dwellings in the immediate neighborhood. 5. The use is in harmony with the purpose and intent of the Zoning By-law, but requires a Special Permit to convert the existing structure to two (2) family dwelling and a Variance for relief from the side line setback requirements of the Zoning By -Law. The project required no other dimensional relief.. 6. This application seeks a Special Permit to convert a two family structure to a two (2) family dwelling in an R -4 -Zoning District which is an allowed use by Special Permit from the Zoning Board of Appeals, as well as a Variance for relief from the side line setback requirements of the t Zoning By -Law. Resp ully submitted, / r Domen' . Scalise, Esq.. Attorney for the Applicant May 9, 2012 To The North Andover Board of Appeals: I, Mr. Arthur Coppeta, current owner of 22 Upland Street, North Andover, MA, hereby authorize Mr. Alan Cuscia to proceed with obtaining any special permits and variances required for the development of the aforementioned property. Arthur Coppeta Date µ0RTfj 16 Zoning Bylaw Review Form Town of North Andover Building Department y� 1600 Osgood St.. Bldg 20 Suite 2-36 9SSACH�ISES North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 22 Upland Street Ma /Lot: 67/69 Applicant: Arthur Co eta Request: Demolish existing 2 family and garage and to construct a new 2 family Date: Aril 23, 2012 I Z=z—"�4 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zonin R-4 Remedy for the above is checked below. 11tem # Item � Notes Item Notes A Lot Area Parking Variance F Frontage Lot Area Variance Variance building.size 1 Lot area Insufficient X 1 Frontage Insufficient X 2 Lot Area Preexisting X 2 Frontage Complies Earth Removal Special Permit ZBA 3 1 Lot Area Complies Special Permit Use not Listed but Similar 3 Preexisting frontage X 4 Insufficient Information Special permit for preexisting nonconforming 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 1 Use Preexisting 2 Complies 4 Special Permit Required X 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 I Height Exceeds Maximum 2 Front Insufficient 2 Complies X 3 Left Side Insufficient X 8' 3 Preexisting Height 4 Right Side Insufficient X 14' 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed NO 3 Coverage Preexisting X 1 Not in Watershed 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 1 Sign not allowed N/A 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District NO K Parking 1 In District review required 1 More Parking Required 2 Not in district 2 Parking Complies X 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parkin Remedy for the above is checked below. 11tem # Special Permits. Planning Board Item # Variance Site Plan Review Special Permit X Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Common Driveway Special Permit Lot Area Variance Variance building.size Congregate Housing Special Permit Variance for Sign f 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 X Special permit for preexisting nonconforming Watershed S ecial 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. % 7 -- Building Department Official Signature Denial Sent : Application Received -111a 7 iz- Application Denied If Faxed Phone Number/Date: 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: ,.Reference, A aedhs- 1 or , Section 9 Pre-existing non -conforming structure or use X Conservation X Department of Public Works 4.122 Residential 4 District 4.122.14 Residential Dwelling 4.122.14.A.b Two Family dwelling by SPECIAL PERMIT from Zoning Board of Appeals, in accordance with Section 10.3 and 4.122.14.1) of this Bylaw Variance is required for side setbacks (Table 2 of the Zoning By-law) Referred To: Fire Health Police X Zoning Board X Conservation X Department of Public Works X Planning Historical Commission Other Building Department Abutter to Abutter ( ) Building Dept. ( ) Conservation ( X ) Zoning ( Town of North Andover Abutters Listing REQUIREMENT: MGI.40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable_ tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Property: MAP PARCEL'S Name Address 67 69 Frederick Coppeta 22 Upland Street, North Andover, MA 01845 Abutters Properties Map Parcel Name Address 53 22 Windle Realty Trust, 118 High Street, North Andover, MA 01845 53 23-1 & 2 Kevin Smith 110 High Street, North Andover, MA 01845 53 24/1 Leonid Kogan 102 High Street, North Andover, MA 01845 53 24/2 Sanjay Jain 25 Dudley Street, North Andover, MA 01845 53 25 Manusr Investments 10 W. Market Street Suite 1200, Indianapolis, IN 46204 53 27 Steven Saraceno 143 Berkley Road, North Andover, MA 01845 67 43 Kenia Baez 99 High Street, North Andover, MA 01845 67 44 Daniel Depiano 67 45 Margaret Shepley 13 Mount Vernon Street, North Andover, MA 01845 67 491 Sandra Gray 44 Mount Vernon Street, North Andover, MA 01845 67 49.R Joseph Addivinola 46 Mount Vernon Street, North Andover, MA 01845 67 501 Marilyn Wilkins 36 Mount Vernon Street, North Andover, MA 01845 67 50.R Joanne Jensen 38 Mount Vernon Street, North Andover, MA 01845 67 51 Gail Tanzer 30 Mount Vernon Street, North Andover, MA 01845 67 53 Francis Shea 20 Mount Vernon Street, North Andover, MA 01845 67 54 Beatrice Desmond 19 Upland, North Andover, MA 01845 67 57 KMK SUN Realty Trust 33 Upland Street, North Andover, MA 01845 67 57/2 Suzanne Goodman 31 Upland Street, North Andover, MA 01845 67 58 Scott McClintock 39 Upland Street, North Andover, MA 01845 67 59 Albert Apperti 43 Upland Street, North Andover, MA 01845 67 60 Genevieve Dow 49 Upland Street, North Andover, MA 01845 67 63 & 65 Albert Finocchiaro 15 Furber Avenue, North Andover, MA 01845 67 67 Michael Heron, Jr 30 Upland Street, North Andover, MA 01845 67 68 Lisa Knakkergaard 105 High Street, North Andover, MA 01845 67 70 Daniel Noone 12 Upland Street, North Andover, MA 01845 37 �7 72/1 David Pace 127 High Street, -North Andover, MA 01845 72/2 Adam Elbirt 5 Bobcat Hill Lane, Ashland, MA 01701 73 Sudha Camirand 119 High Street, North Andover, MA 01845 74 Adam Zimmer 113 High Street, North Andover, MA 01845 75 Kevin Diaz 109 High Street, North Andover, MA 01845 76 Geoege Robertson 95 High Street, North Andover, MA 01845 77 Andrea Bettencourt 15 Mount Vernon Street, North Andover, MA 01845 79 Arthur Wilson 25 Mount Vernon Street, North Andover, MA 01845 80 Kenneth Giaquinta 28 Mount Vernon Street, North Andover, MA 01845 2 & 3 Henry Libby 46 Prescott Street, North Andover, MA 01845 4 Robert Gravel 34 Prescott Street, North Andover, MA 01845 5 Arthur Guthrie 24 Prescott Street, North Andover, MA 01845 6.A Richard Raymond 85 High Street, North Andover, MA 01845 , 6.B Leonard Enaire 14 Prescott Street, North Andover, MA 01845 9 Clifton Waldrep 39 Prescott Street, North Andover, MA 01845 10 RCG North Andover Mills LLC 17 Ivaloo Street, Somerville, MA 02143 2 Jessica Vining 11 Upland Street, North Andover, MA 01845 This certifies that the names appearing on the records of the Assessors Office as of -10 Certified by: Date / .? Mar 10 11 10:11a N & N Properties 878-697-442.6 p.4 t4 - SK r J DEED L Arthur Coppets as Trustee Of the Coppetg Realty Trust, tef 87 Long Pond Road, Dan�illle, New Hampshire 03819, for noral' a] consideration paid Of One '($1-00) Dollar, gmnt to Frederick Coppets Wa Frederick Coppetts, Individually, of 22 UpIaW Street, North Andover, Essex County, Masswhusetts, with quitclaim covenants, A certain lot of land with the buildings thereon situated in the said NoAndover rth and being shown as lot R on a plan of land entitled "High and Upland SU., Worth Andover, Mass., dated April 16, 1957, owned by Leo Coppetz et al, Ralph S. Brassetw, Rng;ineer, Said lot is nwre particularly bounded and described as follows: 0 NORTIM-RLY 16039 feet by land now or formerly of Gertrude R. Currier et al, as shown on said plan; EASTERLY 50 feet by Upland Street as shown on said plan; cn SOUTHERLY 163-49 feet by land now ox formerly of Edward E. Towne and, AlbeziE. Robertson et UX as shown on sald plan; and I WESTERLY 50.10 feet by lot A as shown on said plan. Subject to all restrictims and easements of record in sor as they are -now in force roe and effect. Being the sag w premises conveyed to inc by deed -of Frederick Coppem, dated August 3, 200 < and recorded in the Essex North District -Registry of Deeds in Book 6300, Page, 68. Grantee his not -requested a title examination. No tax tmW. s required. Witness my haad and seat daises day of July, 2004. Artlatjr Cotta, Trustl=� Coppetta RjealtyTrust COMMOMWEALTH OF MASSACHUSETTS Ess -F -Y, Ss 'July 5404 Then personally appeared tbe. above named Arthur Coppeta, identified drivers license and acknowledged the fore -0139 instrmnent to be lei ;W) me, A00 aiNiew mpshire acct anced. before Expires: i � N 3z Zu 0 E rg 11 Z o Q at 0 v� v � ��t � ���5� 6 N� Z W 3 v_ J J � N W S a g s W H v1 2 p E 0 z o a bill m F- N u w w Q 'r z g. Ys�g M z " _ li.i ti.i v w F- m ig$alE f o cn c a. cn ZEfflHZ O_ H Q W J W W F- 2 C9 Z O Q W J W 13r.3c3lu Z . DOO Ow ®mma . . LL F N L = R 11 W ci 2 zui c F- N O■ S �� W Z LLI U F" 9 o , o Q m a g a@ Hill g J LU Q Q QQ o w W OC LL iipgs tt V 0.' _ m O i.59i1.E ~ o N D d N o7v • oc x m =' gd x L � J O N �O LO 4 c a 11 ID ID W - z � • J W ~p Y u u �x L N =- s 3 %0 LO X UL O �3 x J a Q H Z i O § Z 9 .1 __ �■ ' NEI S co M W Z oaa8 N = ILL W Z J = _ ®£ o m i� �a a a'a1Ag.6 - � {il a m a W o w CC 10m lea g o co o a Q) 9 .1 __ �■ ' NEI �ortrH ' O ff, eo •c�4- Ctn ' D — F ,040-�ow�•OF NORTH ��®ovER V�RI�NCE RAt^ ��1' �S�kHHr'�5 ZONING BOARD OF APPEALS NAME: Allan E. Cuscia ADDRESS OF APPEAL: 2 . Upland Street, North Andover, MA 01845 Procedure & :Requirements for an Applicati®n. fora Variance Ten (10) copies of the following information must be submitted thirty (30) days prior to the first public hearing. Failure to submit the required-informabon within the time periods prescribed may result in a'dismissal by the ZoningBoard of an application as incomplete.. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them.. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and'receivers .._ a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petiflonsr completes an application form to petition- the Board of Appeals for a Variance. All information as required in items 1 •through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in page 4, section 10 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list -of Parties in Interest (abutters). Town Cierk Time'Stamp STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE:* The Office of the'Zbhing Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that -the legal notice has been prepared and the cost of. the Party in Interest fee. STEP 7: DELIVERY -OF LEGAL NOTICE TO NEWSPAPER The petitioher picks up the legal. notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. - STEP 8; PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her beFialf, or be represented by an agent or attorney. In the absence of any appearance without due cause on.behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 4OA § 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP IU: K1rC:UKL)1N a I HE Ut_—Wb1UN ANIJ PLAINS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1) original and ten (10) Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North -Registry of Deeds, 384 Office to be certified by the Town Clerk.with the time and Merrimack St. Suite #304, Lawrence MA, 01843 and date of filing. The original will be left at the Town Clerk's shall complete the Certification of Recording form and Office, and the 10 Xerox copies will be left with the forward itto the Zoning Board of Appeals and to the Zoning -Board of Appeals secretary. Building Department. 3Lr�7iY�irti►S�YS�drs.�a;:ac;I�iv�.,f�:.9��"§Z�fii4um'iG�a"L`'m��.":.Sr,-`�isi�sa^]�':'�:�iidt��,re,3 IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 1600 Osgood St., Bldg. 20, Suite 2-36 North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals office North Andover Town Hall 120 Main Street 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office PAGE 1 of 4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a• VARIANCE Please'com fete all.items: 9' 10` elo K: y : p.,. . 1. Petitioner: *Name, *Address and telephone number: Al E Cuscia 978-682-8943 -349 Bear -Hill Road North Andover, MA 01845 The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Arthur R. Coppetta 89 Long Pond Road Danville, NH 03819 Years Owned Land: 1 1/.2 years 3. Location of Property: a. Street: 22 uPland streetZoning District: R-4 b. Assessors: Map number: 67 Lot Number: 69 c. Registry of Deeds: Book Number: - 8918 Page Number: 218 4.. Zoning Bylaw Section(s)* ander which the petition for the Variance is •evade. motion 7.3 - Yards (setbacks) as set forth in Table 2 of the Zoning By -Law. *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. .S, Describe the Varsa::ce request: Applicant seeks a variance from the sideline setback requirements of Table 2 in order to _demolish the existing old two (2) family dwelling and construct a new two -(2) family The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will" not involve additional Items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s).that will not meet current Zoning Bylaw Requirements: (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage .Parking Sq. Ft. Sq. Ft. Coverage Feet . Spaces Front Side A Side'B Rear A. - - NORTH ANDOVER ZONING BOARD -OF APPEALS application for a V KI t;t 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 8,097 — — 50' 4 6 C. ' Proposed Lot(s); Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 8,097 — — 50' 4 Minimum Lot Setback Front Side A Side B Rear 70.8 . . 4.9' 2 9'" 25' Minimum Lot Setback Front Side A Side B Rear 30' 8' 14' 6.1- 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 12,500 — — 100' 4 30' 15' 15' 30' 7A. Existing Building(s): Existing two family residence and garage to be razed.. Ground Floor_ Number of Height Total . Use of Number Square feet Floors Sq. feet Building* of Units" *Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 76. Proposed Building(s): Ground Floor . Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units4" B 1,500 2 3,000 Two family.residenteial bldg. 2 •Reference Uses from the Zoning Bylaw & Table 1. "*State number of units in building(s). 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 dismissal by the Zoning Board of this application as incomplete. T above name(s) here: Domenic J. Scalise, Attorney for the Applicani 89 Main St., North Andover, MA 01845 978-682-4153 PAGE 4 OF 4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth -in detail all facts relied upon. When requesting -a Variance from the requirements of MGLA ch. 40A, Sec. 10.4 anti the North Andover Zoning By-laws,. all dimensional requirements shall be- clearly identified and factually supported.- All points, A -F, are required to be addressed with this application. C. F E. F. The particular use proposed.for the land or structure. The circumstances relating to soil conditions, shape or topography of such'land or structures -especially affecting the property for which the Variance is sought which do' not affect generally -the zoning district in which the property is located. . Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable_zoning restrictions with respect to'the land or building for which the variance is sought. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. Facts relied upon to support a finding that relief sought may be given.without nullifying or - substantially derogating from the intent or purpose of the Ordinance. Submit RDA -from Conservation Commission when Continuous Buildable Area is applied for in ZBA. application. 10. PLAN OF LAND -Each application to the*Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this applicatiorrto the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ andlor a Proposed change in use. 10. A_ Major Projects Major projects are those, which involve one of the following whether existing or proposed: n five (5) or more parking spaces, II) three (3) or more dwelling. units, III) 2,000 square feet of building area. Major Projects shall require, that in addition to the '105 & 10C features, that the plans show detailed utilities, soils, and topographic information. *10: B. *Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to -exceed 11"x17", preferred scale of 1"=40' 11) One (1) Mylar, with one block for Regisfry iJse Only, and one block for five (5). ZBA signatures & date. III) Plan shall be prepared, stamped and certified by a Registered. Professional Land Surveyor. Please note that plans by. a Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect.may be required for Major Projects. *10 C. *Required Features On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions; easements. 'R) - Legend & Graphic Aids shall Include: 1. .Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. -Graphic Scales 4. Date of Plan. 5.. Title -of •Pian .6. Names addresses acid phone numbers of the applicant, owner or record, and land.surveyor. .7. Locus 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan.in or,mation as indicated with an. asterisk (*). in some cases further information may be required. 11. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover" for the cost of first class, certified, return receipt x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps x the # of parties of interest on the abutter's list for the decision mailing. 11. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8" (3 copies for the Legal, and one copy for the Decision mailing). 11.C. Applicant shall provide a check or money order to: "Town of North Andover' per 2005 Revised Fee Schedule. ® A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and anew petition must be submitted.- OF NORTH �ry Zoning Bylaw Denial ^off Town Of North Andover Building Department -• 400 Osgood St. North Andover, MA. 01845 "SS^�H°5Phone 978-688-9545 Fax 978-688-9542 Please be advisedrthat after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning —� Item Ma /Lot: j Applicant: Request: _ ? r' - , r°f=v 7 „e44- -Of , oiX 4,0* 4- C6Af. Date: Lot Area Please be advisedrthat after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning —� Remedy for the above is checked below. Item # I Special Permits Planning Board Item Notes Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage I Variance for Sign 1 Lot area Insufficient }( 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting X 2 Frontage Complies I Special Permit preexisting nonconforming 3 Lot Area Com 'lies 3 1 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 1 Complies 4 Special Permit!Re uired 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback ; H Building Height 1 All setbacks comply 1 Hei ht Exceeds Maximum 2 Front Insufficient 2 Com lies 3 Left Side Insufficient �— 3 PreexistingHeight ~ 4 Right Side Insdfficient Y ' /�' 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed /%3 Coverage Preexisting X 1 Not in Watershed _ 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 1 Si n not allowed '`, 4 Zone to be Determined 2 Sign Com lies 5 Insufficient Information 3 Insufficient Information E Historic District !/f K Parking 1 In District review required 1 More Parking Required 2 Not in district I 2 Pa king Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parkin Remedy for the above is checked below. Item # I Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access otherlthan Frontage Special Permit R Parking Variance Frontage Exce tion Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate H, ousing Special Permit I Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent !ElderlHousing Special Permit Special Permit Non -Conforming Use ZBA Large EstatelCondo Special Permit Earth Removal Special Permit ZBA Planned Develo ment District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit I Special Permit preexisting nonconforming Watershed S' ecial Permit i 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 DENIAL. 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 building permit application form and begin the permitting process. Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: Referred To: Fire a7 12 T Police F. ConservationDe artment of Public Works Planning Historical Commission Other BUILDING DEPT ! a £ t A/ CT At Ave Ir *�" de DA\# 0 �/ g♦ �%.w 9 Of i i I I 1 I I i I i i i i i Referred To: Fire Health., Police Zoning Board ConservationDe artment of Public Works Planning Historical Commission Other BUILDING DEPT fzv DOMENIC J SCALISE Attorney at Law 89 Main Street North Andover, MA 01845 Telephone (978) 6824153 Fax (978) 794-2088 Email: djscalise@djscalise.com August 3, 2012 North Andover Board of Appeals 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 U 1) u u AUG n 2012 BOARD OF APPEALS RE: Applicant — Allen E. Cuscia Property — 22 Upland Street, North Andover, MA Dear Members of the Zoning Board of Appeals: Concerning the above captioned application for a Special Permit and Variance, certain issues were raised at the last Board meeting on June 19, 2012, regarding the location of utilities servicing the locus property. I enclose herewith copies of the following letters in order to resolve these issues: (1) Two letters from Timothy Willett, Operations Manager for the North Andover Public Works regarding the water and sewer lines for 22 Upland Street; (2) Service record with drawing (field card) from Columbia Gas showing gas line to locus property from Upland Street; (3) Letter from Nation Grid explaining location of electric service to 22 Upland Street property. All of these letters, etc., confirm that utilities to 22 Upland Street originate at Upland Street. Also, I am enclosing a copy of two records from the North Andover Assessor's Office showing the two family status of the locus property. /V truly yo UW - 4", Dom J. Scalise DJS/t Encl: CC: A. Cuscia , ur n oanu /lssoc!atee mall - CL upiano zst 22 Upland St Willett, Tim <twillett@townofnorthandover.com> To: "rock @toms aabrealestate. com " <roe k@tomsaabrealestate. Corn > Ni Rock, I have check our records and found that the water and sewer service lines for 22 Town's main lines in Upland Street, Timothy Willett Operations Manager North Andover Public Works 384 Osgood Street North Andover, MA 01845 Phone 978,685,0950 Fax 978,688.9878 Email twillett@townofnorthandover,corn Web www.TownofNortliAndo\ter.com Thu, Jul 26, 2012 at 9;37 AM Street connect to the Please note them a wachusettziSecretary of State's office has determIned that most emails to and from unicipat offieesand officials are Public records. For more information pteaaa Defer to: http://www.sec.stato.ma.us/pre/proidx.htm. PleaEe consider the environment bafore printing this email, Rocco UiGioria <rock@toms aabrealestate.com> Thu, Jul 26, 2012 at 12;18 PM tps;//mail,google.com/mail/u/0/?ui=2&lk=cadf8f6415&viow=pt&searoh=InboX&th=138c381 b55aaga76 1l Tiinothy J. Willed Operations Afw?agf,,r I TO" OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909 BRUCE D. THIBODEAU, P.E. DIRECTOR Fax (978) 688-9573 .j June 29, 2012 Rock-Mlonia Tom Saab Realty RE: 22 Upland St & 103 .High Street Dear -Mr. Mloria: We have checked our records and found that. the water and seiner services for 103 High Street and 22 Upland Street are separate and independent lines. Each property is billed separately with its own account very tr* yours, Timothy J. wiRett Operations Anager ' SHIIPI COMPANY FT. CUSTOMER FT MAIM SIZE q K. KIND 5 y o/ DEPTH 7, TAPPED ON SIZE TAP'/� MAIN TO wOPER V LIE FT .PROPERTY LINE TO CURB FT. SOIL PAVEMENT OUTSIDENO. FITTINGS _SIZE KIND OR LENGTH SPECIAL DEVICES NO. —SIZE KIND OR REMARKS INSIDE NO.^'S(2E FITTINGS KIND OR LENGTH ST'D TAP CURB BOX RISER • SADDLE.\ CURB COCK RISER COCK TEE ELL HOUSE RECUR RIGID SET* RIGID SET DRIP LEAD SET PIPE �M d DRIPS TOWARD FIRE VALVE COUPLING METER COCK VALVE BEAL INSUL'N JOINTq I _MAIN CHIP MAIN VALVE , . * IwCLUDii FIRE VALVE AND METER COCK. SIGNEDM, nATF G -ZZ-G3 FORM 400.22 47.0. PLOTTED n.rr nationalgrid June 27, 2012 Attn: Rocco DiGloria Tom Saab Real Estate 25 Jackson St:, Methuen, MA 01844 RJB: 22 Upland St, North: Andover; MA: 01845 Dear Rocco DiGloria, This letter is'in response to your request for information about the electric service for 22: Upland St, North Andover, MA 01844: According to National Grid's records, electric service is provided to 22 Upland St, North Andover, MA by National Grid overhead from pole 4772 off of Upland St. Should you have any questions, please contact me at 781-907-3516 Sincerely, Sean Nye Customer Order Fulfillment National Grid 40 Sylvan Rd Waltham, MA 02451 O a N m i m U t O ' O i r o'N O„-000 Qom. I w o N to 0 avEme i 0M: aEi'y0�m c Z m(LL) c0 �, J a j NQ �Oc O c z m to m O Zo j r tiaaU F a� D Q CV d aj to pyN,V 0.0 O LSI n (]i-i_Oi ~ O U L O U mg.., �a�� Qm m to m ao' a0. F= � CO •• (n to to to c� C1 00 � Vh E O O (] v` WO) =c i j ..c z ! 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'O ��o�� U o Z (ao.�=o g�Q5h w>-C7Uao a T ONN hF- U Z m ii LLI Q � 0 0 y lL to ; L N- co N N a ]�C.7Q tN NCJ L co d y .. 8a to Z'g z� �� hh F-wa o as Y S U) cn w - u. 0=90 = u- u- 0 I — _ nj U) 721/12 pinergy - Assessment and Sales Report Assessment and Sales Report ,;ti:3r)i: :.z C�1•a;r:s �its� :::;:t'; rr�;aicrr Address: 22 Upland St, North Andover, MA 01845-1722 (� Map Ref.: M:00067 6:00069 L:00000 Zoning: R4 Owner. 1: Frederick Coppeta Owner 2: Owner Address: Use: 22 Upland St, North Andover, MA 01845-1722 2 -Family Residence Style: Decker Levels: 2 Lot Size: 0.19 Acres (8276 sqft.) Year Built: 1920 Total Area:. 0 sqft. Total Rooms: 9 Living Area: 1606 sqft. Bedroor ls: 2 First Floor Area: 918 sqft. Full Baths: 2 Addl Floor Area: 0 sqft. Half Baths: 0 Attic Area: 0 sqft. Roof Type: Gable Finished Basement: 0 sqft. Heat Type: Steam Basement: 0 sqft. Fuel Type: Natural Gas Basement Type: Exterior: Aluminum Vinyl Attached Garage: 0 Foundation: Other Garage: 0 Air Conditioned: No Fireplaces: 0 Condition: Last Sale Date: Average 7/9/2004 Last Sale Price: $0 Last Sale Book: 8918 Last Sale Page: 218 Map Ref.: M:00067 8:00069 L:00000 Tax Rate (Res): 13.92 Land Value: $1581000 Tax Rate (Comm): 19.16 Building Value: $104,900 Tax Rate (Ind): 19.16 Misc Improvements: $0 Fiscal Year: 2012 i o.tai Valu ec Recent Mortgage #1 $262;900 EstiYuted Tax: $3,553:57 Buyer Name: Frederick Coppeta Lender Name: Merrimac Valley Fcu Mortgage Amount: $100,000 Mortgage Date: 6/2/2009 Mortgage Book: 11619 Mortgage Page: 188 Recent Mortgage #2 Buyer Name: Frederick Coppeta Lender Name: Merrimac Valley Fcu Mortgage Amount: $100,000 Mortgage Date: 8/6/2004 Mortgage Book: 0 Mortgage Page: 0 The information in the Public Record is set forth verbatim as received by MLS PIN from third parties, without verification or change MLS PIN is not responsible for the accuracy or completeness of this information. 13i.misoin.com/tools/oublirrerorri/viaw acn9nirlc99R3RpmaRi i_9nRadF9xR+�+o r nrlc-9�R7+ of +-rr.c it Y3/12 Tom Saab Associates Mail - FW: Scanned image.from Town Hall 1st floor FW: Scanned image from Town Hall 1st flo.or Cheney, Siktp scheney@townofnorthandover.com> Tue, Jul 3i 2012 at 12:56 PM To: "rock@tomsaabrealestate.com" <rock@tomsaabrealestate.com> Rocco, use code 104 is -the "State code for a two family dwelling ----Original Message -- From: noreply@townofnorthandover.com [mailto:.noreply@townofnorthandover.com] On Behalf Of noreply@ Sent: Tuesday.,,July 03, 2012 2:12 PM hene�, SktP, 3r. b;ec+. _vanned imacre from Town Hall.1st floor J DEVICE NAME: Copy Room., Town Hall, First Floor DEVICE MODEL: im4512 LOCATION: Town Hall, First Floor Copy Room FILE FORMAT: PDF MMR(G4) RESOLUTION: 300dpi x 300dpi Attached file is scanned image in PDF format. Use Acrobat(R)Reader4.0 or later version, or Adobe(R)Reader(TM) of Adobe Systems Incorporated to view the document. Acrobat(R)Reader4.0 or later version, or Adobe(R)Reader(TM) can be downloaded from the following URL: Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered trademarks or trademarks of Adobe Systems. Incorporated in the United States and other countries. http://www.adobe.'com/ 'municipal olll(`es -ana omclats-:ure-pumicr—'Qm5. rer timn". trtvYM http,//www.sec.state.ma.us/pre/preidx.htm. . Please consider the, environment before printing this email. nore p'ly@townofnortha ndove r.com_20120703_131139.pdf In 96K Rocco DiGloria < rock@toms aabreal estate. com> To: "Cheney, Skip" <scheney@townofnorthandover.com> Thanks very much for:the quick service, Skip ... a big help! Rock DiGloria Tom Saab R.E. [Quoted text hidden] ittps:Hmai l.google.cor6lmail/u/0/?u i=2&i k=ca df8f6415&view=pt&search=inbox&th=1384dc52fa54a66a to and from Tue, Jul 3, 2012 of 1:14 PM Town of North Andover Town Clem Time Stamp ZONING BOARD OF APPEALS- 'c affiva 9. ffanzi 55.7, 6fa&mw * t%ORT11 TO' 0 6 4 23 j'3yt46, &q. 6�a 0 ?,m AUG 15 0 4E T (66oziate Afembm it 1i Amad Y. Ripmta 5Y&T Sped S CHU Date 14 Aug 2012 Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I have agreed towaive-the time constraints, for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a -variance �Special Permit L1� Comprehensive Permit (40B) Finding For property located at: STREET:22 Upland Street MAP: 67 PARCEL: 69 TOWN: North Andover, MA 01845 TO MEETING DATE(S): Sep 11,2012 NAME OF PETITI SIGNED: Petitionepetirioner's representative) 1600 Osgood Street, Building 20 -Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web www.townoffiorthandover.com Town of North Andover F� c rro ': :orne s ZONING BOARD OF APPEALS M 1 amd J. Jtaaa 333 6favmiarc 2012.4 VtORT11 IU N i • E a E e 0 J%cha,id Y. X . 61erd - Qi34aCiatC Ate/12&w AticP d J. Bipanta. 3y&n,jped Date: 19 June 2012 Town of North Andover Zoning Board of Appeals 1600 Osgood 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 Special Permit Comprehensive Permit (40B) Finding For property located at: STREET: 22 UPLAND STREET MAP: 67 PARCEL: 69 TOWN: North Andover, MA 01845 TO MEETING DATE(S).-August 14, 2012 NAME OF PETITIONER: ArthpX Coppeta SIGNED: (or pep ioner's repre 1600 Osgood Street Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com NORTH Zoning Bylaw Review Form p Town of North Andover Building +„ �o �1600 Osgood St.. Bldg 20 Suite 2-36 'byS 't<y S"`"�SE North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Department Street:' 22 Upland Street ' Ma /Lot: 67/69 Applicant: Arthur Co eta Request: Demolish existing 2 family and garage and to construct a new 2 family Date: Aril 23, 2012 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoninq R-4 Remedy for the above is checked below Item # I Special Permits Planning Board Item Notes X Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient X 1 Frontage Insufficient X 2 Lot Area Preexisting X 2 Frontage Complies X Special permit for preexisting nonconforming 3 Lot Area Complies 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required X 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comp) 1 1 Height Exceeds Maximum 2 1 Front Insufficient 2 Complies X 3 Left Side Insufficient X 8' 3 Preexisting Height 4 Right Side Insufficient X 14' 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed NO 3 Coverage Preexisting X 1 Not in Watershed 4 Insufficient Information 2 In Watershed J Sign 3 Lot prior to 10/24/94 1 1 Sign not allowed N/A 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District NO K Parking 1 In District review required 1 More Parking Required 2 Not in district 2 Parking Complies X 3' Insufficient Information 3 Insufficient Information 4 Pre-existing Parkin Remedy for the above is checked below Item # I Special Permits Planning Board Item # Variance Site Plan Review Special Permit X Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exce tion Lot Special Permit Lot Area Variance Common Driveway Special Permit Variance building.size 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 X 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 Signature Application Received ya7 Application Denied Denial Sent: If Faxed Phone Number/Date: 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: Iter; Reasons Section 9 Pre-existing non -conforming structure or use X Conservation X Department of Public Works 4.122 Residential 4 District 4.122.14 Residential Dwelling 4.122.14.A.b Two Family dwelling by SPECIAL PERMIT from Zoning Board of Appeals, in accordance with Section 10.3 and 4.122.14.1) of this Bylaw Variance is required for side setbacks (Table 2 of the Zoning By-law) Referred To: Fire I Health Police X Zoning Board X Conservation X Department of Public Works X Planning Historical Commission Other Building Department f- DOMENIC J. SCALISE 97 Attorney at Law ^J 89 Main Street North Andover, MA 01845 Telephone (978) 6824153 [ @ [9 0 d Fax (978) 794-2088 Email: djscalis*djscalise.com AUG ' 6 2012 r August 3, 2012 North Andover Board of Appeals 1600 Osgood Street BOARD OF APPEALS Building 20, Suite 2-36 North Andover, MA 01845 RE: Applicant — Allen E. Cuscia Property — 22 Upland Street, North Andover, MA Dear Members of the Zoning Board of Appeals: Concerning the above captioned application for a Special Permit and Variance, certain issues were raised at the last Board meeting on June 19, 2012, regarding the location of rrtihties servicing the locus property. I enclose herewith copies of the following letters in order to resolve these issues: (1) Two letters from Timothy Willett, Operations Manager for the North Andover Public Works regarding the water and sewer lines for 22 Upland Street; (2) Service record with drawing (field card) from Columbia Gas showing gas line to locus property from Upland Street; (3) Letter from Nation Grid explaining location of electric service to 22 Upland Street property. All of these letters, etc., confirm that utilities to 22 Upland Street originate at Upland Street. Also, I am enclosing a copy of two records from the North Andover Assessor's Office showing the two family status of the locus property. DJS/t Encl: CC: A. Cuscia V truly YouW Dom J. Scalise Tom Saab Associates Mail - 22 Upland St y .Cltliii 22 Upland St Willett, Tim <twillett@townofnorthandover.com> To: "rock@tomsaabrealestate.com" <rock@tornsaabr'ealestate.com> Hi Rock, I have check our records and found that the water and sewer service lines for 22 Town's main lines in Upland Street. Timothy Willett Operations Manager North Andover Public Works 384 Osgood Street North Andover, MA 01845 Phone 978,685,0950 Fax 978,688.9373 Email twillett@townofnorthandover,com Web www,TownofNorthAndo\er.com � Please note the Mawachusetts Secretary of State's office has determined that most emailsto and from public records, For more information please refer to: http://www.sec.siato.ma.ur)pre/praidx.htm. Please consider the environment before printing this email. Rocco DiGloria <rock@tomsanbrealestate.com> ,ttps;//mail,google,com/mail/u/0/?ui7,;2&ik=cadf8f6415&view=pt&searchminbox8th;=138c381 b55eage76 Thu, Jul 26, 2012 at 9:37 AM Street connect to the unicipal offices and officials are Thu, Jul 26, 2012 at 12:18 PM 11 anodly I TfrilAw Operations Manager June 29, 2012 RockMloria Tom Saab Realty RE: 22 Upland St & 103 1-figh Street . TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS. 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909 BRUCE D. THIBODEAU. P.E. DIRECTOR Teleph.one -,!)78,)-685-0950 Fax (978) 688-9573 Dear I*. Mloria: We have checked our records and found that the water and sewer services for 103 ffigh'Street and 22 13pland Street are separate and independent lines:. Each property is billed separately with its own account Very truly yours, Timothy J. Willett Operations Anager . INCLUDER FIRE VALVE AND NETER COCK. SIGNED— %�� DATE G-Zz-L3 FORM 4 -22 47.0 - PLOTTED DATE SNIPS COMPANY FT. CUSTOMER FY. MAIN: SIZE KIND } / CP DEPTH I, TAPPEO ON SIZE TAP MAIN TO PROPERTY Ll FT PROPERTY LINE TO CURB FY. SOIL PAVEMENT OUTSIDE FITTINGS NO.—SIZE KIND OR LENGTH SPECIAL DEVICES NO.-SIZE KIND OR REMARKS INSIDE NO.^SIIE FITTINGS KIND OR LENGTH ST•O TAP CURB BOX RISER - • SADDLE �� / -t- CURB COCK RISER COCK TEE ELL HOUSE RECL'R RIGID SET* RIGID SET DRIP LEAD BET PIPE �« e i DRIPS TOWARD FIRE VALVE COUPLING METER COCK VALVE SEAL INSUL'N JOIN .MAIN DRIp_� MAIN VAL. Lr . INCLUDER FIRE VALVE AND NETER COCK. SIGNED— %�� DATE G-Zz-L3 FORM 4 -22 47.0 - PLOTTED DATE nationalgrid June 27, 2012 Attn: Rocco DiGloria Tom Saab Real Estate 25 Jackson St,. Methuen, MA 01844 RJ;: 22. Upland St, North: Andover; MA: 01845 Dear Rocco DiGloria, This letter is'in response to your request for information about the electric service for 22`Upland St, North Andover, MA 01844: According to National Grid's records, electric service is provided to 22 Upland St, North Andover, MA by National Grid overhead from pole 4772 off of Upland St. Should you have any questions, please contact me at 781-907-3516 Sincerely, Sean Nye Customer Order Fulfillment National Grid 40 Sylvan Rd Waltham, MA 02451 . U Wco xx: ...+. 0 to O.�� Or000 ti.. - � O O P �N iza- lL O? 00 O -. W o N O o co 00 �-- e o o L1 M O LO N E NN C 00 Y+ . .Z�� GN d 0 N C E cn E vo r O� -JJ :i. 0 to CD m o. c)LO S 0 0 J r N ag PO ¢ o a��A�� d CNNV ,o V Zpo N Q WC� V O �m Zrr •T. W o N a O=m co F�-} m O N a Nw Z Z.oCL D Z = t J to V aoo Q o0 a� ~ �mCT) 04 fl. y hi �p v a v J C N L' (Sj d 1(� Q r W e•' m ccoo N N J' ;? U co co N Omdmm m mia Aeia'- oGaF �m �'mm�c�ID W c, O T o� O E 00 i V '� N. O O 1D:0 O.'� U � �.• c9 au Z:!A = �.z' a �.St - ... - -. r•,�,^ �u_�r`• O d N N N c0 I opaO ci m E <p w 23 co N N !Uiai -n.N O O C2.:U CN LLJ y 7 �fV I z¢ r -TU) •-NCN 0V.00r?% O Qmu m a2vT�dd i U 10 1 fD C4 N p O)O) . i �CD ,r � d Z O LL L Lo N13 LL �0EwO=;; �oE�y ` I O �¢ 5 v O C.ILd c mmb'OU O 0 - m LL O IL C LL O o Z O ��¢�h �> (D C) ? a a• O)NN �� W .. .. ri+si I O p 0 zto LL � UNLL O Z O W N N=ll'• OOmCD to Qi W w ., m n: E6 m m i to O o W' w o d<'suS i aA a ! o a N 0 O 2 N = z ; P, IL W WZ N to o c N ?1 O U) O O U d y N =v o o0¢4 7 ' u�ivTaau L =uiLc� a I i /21/12 pinergy -Assessment and Sales Report Assessment and Sales Report Address: 22 Upland St, North Andover, MA 01845-1722 Map Ref.: M:00067 8:00069 L:00000 Zoning: R4 Owner, 1: Frederick Coppeta Owner 2: Owner Address: 22 Upland St, North Andover, MA 01845-1722 ------------ Use: 2 -Family Residence Style: Decker Levels: 2 Lot Size: 0.19 Acres (8276 sgft.) Year Built: 1920 Total Area:. 0 sqft. Total Rooms: 9 Living Area: 1606 sgft. Bedrooms: 2 First Floor Area: 918 sqft. Full Baths: 2 Addl Floor Area: 0 sqft. Half Baths: 0 Attic Area: 0 sqft. Roof Type: Gable Finished Basement: 0 sgft. Heat Type: Steam Basement: 0 sqft. Fuel Type: Natural Gas Basement Type: Exterior: AlurrinumVinyl Attached Garage: 0 Foundation: Other Garage: 0 Air Conditioned: No Fireplaces: 0 Condition: Last Sale Date: Average 7/9/2004 Last Sale Price: $0 Last Sale Book: 8918 Last Sale Page: 218 Map Ref.: M:00067 8:00069 L:00000 Tax Rate (Res): 13.92 Land Value: $158,000 Tax Rate (Comm): 19.16 Building Value: $104,900 Tax Rate (Ind): 19.16 Misc Improvements: $0 Fiscal Year: 2012 i otai Value: Recent Mortgage #1 $262;900. tvi<i:ruLed Tax: $3,5 :57 Buyer Name: Frederick Coppeta Lender Name: Merrimac Valley Fcu Mortgage Amount: $100,000 Mortgage Date: 6/2/2009 Mortgage Book: 11619 Mortgage Page: 188 Recent Mortgage #2 Buyer Name: Frederick Coppeta Lender Name: Merrimac Valley Fcu Mortgage Amount: $100,000 Mortgage Date: 8/6/2004 Mortgage Book: 0 Mortgage Page: 0 The information in the Public Record is set forth verbatim as received by MLS PIN from third parties, without verification or change. M LS PIN is not responsible for the accuracy or completeness of this information. •43/12 Tom Saab Associates Mail - FW: Scanned image from Town Hall 1st floor FW: Scanned image from Town Hall 1st floor com> To: "rock@tomsaabrealestate.com" <roc 0 Rocco, use code 104 is -the state use code for a two family, dwelling Tue, Jul 3; 2012 at 12:56 PM ---Original Message ---- From: noreply@townofnorthandover.com [mailto:.noreply@townofnorthandover.com] On Behalf Of noreply@ Sent: Tuesday., ,July 03, 2012 2:12 PM To ;heneyt Sktp E Siabjs # rained +mar_. from Town Hal[ 1st floor DEVICE NAME: Copy Room., Town Hall, First Floor DEVICE MODEL: im4512 LOCATION: Town Hall, First Floor Copy Room FILE FORMAT: PDF MMR(G4) RESOLUTION: 300dpi x 300dpi Attached file is scanned image in PDF format. Use Acrobat(R)Readet4.0 or later version, or Adobe(R)Reader(TM) of Adobe Systems Incorporated to view the document. Acrobat(R)Reader4.0 or later version, or Adobe(R)Reader(TM) can be downloaded from the following URL: Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered trademarks or trademarks of Adobe Systems. Incorporated in the United States and other countries. http://www.adobe*.com/ mlinlCiNai 0T-UC03, aNU € IMAQ;t, 0-11c http://www.sec.state.ma.us/pre/*preidx.htm. Please consider the environment before printing this email. noreply.@townofnorthand.over.com_20120703_131139.pdf 96K Rocco DiGlbria <rock@tomsaabrealestate.com> To: "Cheney, Skip"<scheney@townofnorthandover.com> Thanks very much for the quick service, Skip ... a big help! Rock DiGloria Tom Saab R.E. [Quoted text hidden] to; :and from Tue, Jul 3, 2012 of 1:14 PM ittps:Hmail.google.cor6lmail/u/0/?ui=2&ik=cadf8f6415&view=pt&search=inbox&th=1384dc52fa54a66a 1' Angela Ciofolo Zoning Admin. Asst. Town of North Andover 1600 Osgood Street-Suite2035 North Andover, MA 01845 phone 978.688.9541 fax 978.688.9542 E-mail eciofolo(a)townofnorthandover.com Web www.TownOfNorthAndover.com 1 Bk 13181- p:9187 _M3146 12 P �OYE �FO)? GIS �TY 0 �A EE �VS U�SEOM �i COVER SHEET b' •digST -OF PAG E DO NOT E VE R GP,4NUE TYPE OF DQCHN�ENT -ASSIGNMI DEED TYPE 6D MORTGAGE J To � -_DISCHARGE SUBORDINAUON CERT, DEC OF HOMjSTE"- ucc • TYPE DEC C OF TRUST TYPE ---0]MR 7� DESCRIBE ESSEX NORTH REGISTpol'OF DEEDS Robert A Kelley, RegIster, 3S4 Merrimack St. Sulte"304 -nce, Lawre .MA -01843 (978) 683-.2745 I ']Gown of North Andover ZONING BOARD OF APPEAL Mbert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk D. Paul Koch Jr. Esq. Associate Members Michael P. Liporto Tyler Speck Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, er Mass. Gen. L. ch. 40A, § 17 S �FCEIVEu IcE 2012 OCT P 5� 06 TVA y "0 Areo ,�` �y This is to certify that twenty (20) days �SSACHushave elapsed from date of decision, filed without filing of anappeal. Town Clerk Time Stamp Date ®1• Notice of Decision Joyce A. Bradshaw Year 2012 Town Clerk Property at: 22 Upland Street, North Andover, MA 01845 NAME: Arthur Coppeta HEARING(S): 19 June 2012, 14 August 2012, 11 Sept 2012 & 27 Sept 2012 ADDRESS: 22 Upland Street (Map 67 Parcel 69), PETITION: 2012-003B North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at the Town Hall, at 120 Main Street, North Andover, MA on Thursday, the 270' of September 2012 at 7:30 PM on the application of Allen E. Cuscia located at 22 Upland Street (Map 67 Parcel 69), North Andover, MA 01845. Petitioner is requesting a Special Permit and a Variance. (in accordance with. Section 9 Pre-existing Nonconforming Structures or Uses, Sections 4.122 and 4.122.14, and 4.122.14.A.b of the Zoning bylaw) within an R-4 District. The Special Permit is needed to demolish a two family home and garages and to construct a new two family home. Variances are also required for Side Setbacks (Table 2 of the Zoning By-laws). Legal notices for the Special Permit and Variances were sent to all the certified abutters provided by the Town of North Andover, Assessors Office, and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on June 5, 2012 and June 12, 2012. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, and D. Paul Koch Jr. The following Associate members were present Michael Liporto and Tyler Speck. Byers made a motion to Grant the Variances for relief of side set backs that are needed, 7 feet are needed for the left side setback and 1 foot is needed for the right side setback to be in accordance with Table 2 of the Zoning By laws. To allow for the new two family dwelling that is proposed. Koch second the motion All were in favor to Grant the Variance: Richard Byers, D. Paul Koch Jr. Michael Liporto, and Tyler Speck. Not in favor to Grant the Variance: Ellen McIntyre 4-1 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 are provisions for the required off-street parking. Adequate and appropriate facilities will be provided to demolish the 2 family dwelling and garages and to construct a new two family dwelling on this property. The Board finds that this new proposed two family dwelling will not be substantially more detrimental than the existing dwelling to the neighborhood and that this use, is in hannony with the neighborhood and general purpose and intent of this Bylaw. Page 1 of 2 Site: 22 Upland Street, North Andover, MA 01845 (Map 67 Parcel 69), North Andover, MA 01845 Table 2 of the Zoning by laws for Side setbacks, and Sections 9, and Sections 4.122, 4.122.14, 4.122.14.A b, to demolish an existing two family home and garages, and construct a new two family within the R-4 District. Plan(s) Title: 1.) "Plan of Land" Dated February 14, 2012, 2012, containing one (1) sheet, showing existing and proposed. Prepared by Andover Consultants Inc., 1 East River Place, Methuen MA 01844 2.) "Plans and drawings of the proposed 2 -family" containing (3) sheets. Received April 27,2012 (1)Rear Elevation and Left Side Elevation. (2)Front Elevation and Right Side Elevation (3) Front Apt and Rear Apt, Prepared by Michienz Drafting & Design. If you can Dream it I can Draw it! (no date supplied) Voting in favor: Richard Byers, D. Paul Koch Jr. Michael Liporto, and Tyler Speck. Voting in the Negative: Ellen McIntyre, Result of votes 4-1 The Board finds that the applicant has satisfied the provisions of Sections 9 and Sections 4.122, 4.122.14, 4.122.14.A.b, to demolish an existing two family home and garages and to construct a new two family dwelling .Variances are also required for Side Setbacks (Table 2 of the Zoning By-laws) for property located on 22 Upland Street (Map 67 Parcel 69) in an R-4,District. 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 and Special 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. North Andover Zoninj Board f Appeals Ellen P. McIntyre, Acting Chairman Richard J. Byers, Esq., Clerk D. Paul Koch Jr. Michael P. Liporto Tyler Speck Decision 2012-003B ATTR,, T f� `l'�iae'Co.uy ^0INn, el?rk. Page 2 of 2 t � 21-112. 57a COVER SHEET THEMt' •`w H� r 00 NOT GP GRAME OF P R0FE, R $ LENT -AS; SIG :.®DEED T YPk 16TOTY'LCE . IDIS CHARGE WBORDINATION AFFIDAVITCERT DEC OF HOMISTE". , ITCC TYPE DEC ®F TRUST TYPE ®'R DESCRIBE PI'll OF DEEDS RobertF, Kelleyf Pegister, 354 Merrimack St. S.Ult® 3®4 Lawroncer.MA 01843 (978) 6832745 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chainnan Ellen P. McIntyre, Vice-Cbaimnan Richard J. Byers, Esq. Clerk D. Paul Koch Jr. Esq. Associate Members Michael P. Liporto Tyler Speck Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, Tdaee (;an T. r.h AnA 817 jt"V eb•ar< Notice of Decision Year 2012 PECEIVED�F ICS 2Dt2 4CT -2 P� 5.4b _tiopS�HCtii���`r�:��i Town Clerk Time Stamp Property at: 22 Upland Street, North Andover, MA 01845 -, , - NAME: Arthur Coppeta HEARING(S): 19 June 2012, 14 August 2012, 11 Sept 2012 & 27 Sept 2012 ADDRESS: 22 Upland Street (Map 67 Parcel 69), PETITION: 2012-003B North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at the Town Hall, at 120 Main Street, North Andover, MA on Thursday, the.27t1i of September 2012 at 7:30 PM on the application of Allen E. Cuscia located at 22 Upland Street (Map 67 Parcel 69), North Andover, MA 01845. Petitioner is requesting a Special Permit and a Variance. (in accordance with Section 9 Pre-existing Nonconforming Structures or Uses, Sections 4.122 and 4.122.14, and 4.122.14.A.b of the Zoning bylaw) within an R-4 District. The Special Permit is needed to demolish a two family home and garages and to construct a new two family home. Variances are also required for Side Setbacks (Table 2 of the Zoning By-laws). Legal notices for the Special Permit and Variances were sent to all the certified abutters provided by the Town of North Andover, Assessors Office, and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on June 5, 2012 and June 12, 2012. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, and D. Paul Koch Jr. The following Associate members were present Michael Liporto and Tyler Speck. Byers made a motion to Grant the Variances for relief of side set backs that are needed, 7 feet are needed for the left side setback and 1 foot is needed for the right side setback to be in accordance with Table 2 of the Zoning By laws. To allow for the new two family dwelling that is proposed. Koch second the motion All were in favor to Grant the Variance: Richard Byers, D. Paul Koch Jr. Michael Liporto, and Tyler Speck. Not in favor to Grant the Variance: Ellen McIntyre 4-1 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 are provisions for the required off-street parking. Adequate and appropriate facilities will be provided to demolish the 2 family dwelling and garages and to construct a new two family dwelling on this property. The Board finds that this new proposed two family dwelling will not be substantially more detrimental than the existing dwelling to the neighborhood and that this use, is in harmony with the neighborhood and general purpose and intent of this Bylaw. Page 1 of 2 Site: 22 Upland Street, North Andover, MA 01845 (Map 67 Parcel 69), North Andover, MA 01845 Table 2 of the Zoning by laws for Side setbacks, and Sections 9, and Sections 4.122, 4.122.14, 4.122.14.A b, to demolish an existing two family home and garages, and construct a new two family within the R-4 District. Plan(s) Title: 1.) "Plan of Land" Dated February 14, 2012, 2012, containing one (1) sheet, showing existing and proposed. Prepared by Andover Consultants Inc., 1 East River Place, Methuen MA 01844 2.) "Plans and drawings of the proposed 2 -family" containing (3) sheets. Received April 27,2012 (1)Rear Elevation and Left Side Elevation. (2)Front Elevation and Right Side Elevation (3) Front Apt and Rear Apt, Prepared by Michienz Drafting & Design. If you can Dream it I can Draw it! (no date supplied) Voting in favor: Richard Byers, D. Paul Koch Jr. Michael Liporto, and Tyler Speck. Voting in the Negative: Ellen McIntyre, Result of votes 4-1 The Board finds that the applicant has satisfied the provisions of Sections 9 and Sections 4.122, 4.122.14, 4.122.14.A.b, to demolish an existing two family home and garages and to construct a new two family dwelling .Variances are also required for Side Setbacks (Table 2 of the Zoning By-laws) for property located on 22 Upland Street (Map 67 Parcel 69) in an R-4 District. 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 and Special 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. J North Andover Zoninj Board f Appeals Ellen P. McIntyre, Acting Chairman Richard J. Byers, Esq., Clerk D. Paul Koch Jr. Michael P. Liporto Tyler Speck Decision 2012-003B Page 2 of 2 Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk D. Paul Koch Jr. Esq. Town of North Andover ZONING BOARD OF APPEALS Legal Notice North Andover Board of Appeals Associate Members Michael P. Liporto Tyler Speck Zoning Enforcement Officer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Senior Center, 120R Main Street, North Andover, MA on Tuesday, June 19th, 2012, at 7:30PM to all parties interested in the petition of Allen E. Cuscia for property located at 22 Upland Street (Map 67, Parcel 69), North Andover, MA 01845. Petitioner is requesting a Special Permit and a Variance (in accordance with Section 9 Pre-existing Nonconforming Structures or Uses, Sections 4.122 and 4.122.14, and 4.122.14.A.b of the Zoning bylaw) within an R-4 District. A Special Permit is needed to demolish a two (2) family dwelling and garages, and to construct a new two family dwelling. A Variance is also required for Side Setbacks (Table 2 of the Zoning By-laws) Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Thursday from the hours of 8:OOAM to 4:OOPM and Friday from the hours of 8:OOAM to 11:30PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: June 5, 2012 June 12, 2012 --- — DD v -- - LO yy 51'56' 'L81 - Q 01, L G m °' t � 1 •� - m�z SO l 9 0 89 deW 9 deW m 99 eW 9 BW a ° 1 O i Li t N C r1O N c u y 'o I m rn o N 0 0 V N V N - '�• 'r N cn LO p N C Cc N y !: _ m OD o 70 4 c LOm N �0 1 ? ng� 4 pp n o mm �r 0 rn a of w no 0 M N no LJ v f. 1^� auN `m L N c T (6 co !n U O L A2 6Zl u lU r I ' rn' N � m Q Q �y� 01 N M N � v N 00 m N U M N � EE m . O Q I as N 0 Z C I Z yi E OZ y 7 U' C M m rn m 3 _h LJ v f. 1^� auN `m m N c T (6 co !n U f A2 6Zl L O .001 I ' rn' N � m 1n' yN{ 01 N M N � I N 00 m N M N � EE m I 0 Z yi E N CO o y 7 U' M m rn m LU i m l o 0 m, t 5 > L s - m _ a`Egfcrn5 o no 110 M ZJi £S deal - - ZS auN � m N c T co !n m ^ LO LO a m ti N CO o M m rn m Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. 112cIntyre, Vice -Chairman 0RT f N H ,9 Richard J. Byers, Esq. Clerk O D. Paul Koch Jr. Esq. 02 Associate Members ~ R Michael P. Liporto Tyler Speck Any appeal shall be filed within (20) Notice of Decision days after the date of filing of this Year 2012 notice in the office of the Town Clerk, TO'�!�PE �RK'� DF�'tCC 2012 OCT -2 PM �C6 tA Town Clerk Time Stamp per Mass. Gen. L. ch. 40A, §l7 Property at: 22 Upland Street, North Andover, MA 01845 NAME: Arthur Coppeta HEARING(S): 19 June 2012,14 August 2012, 11 Sept 2012 & 27 Sept 2012 ADDRESS: 22 Upland Street (Map 67 Parcel 69), PETITION: 2012-003B North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at the Town Hall, at 120 Main Street, North Andover, MA on Thursday, the 27"' of September 2012 at 7:30 PM on the application of Allen E. Cuscia located at 22 Upland Street (Map 67 Parcel 69), North Andover, MA 01845. Petitioner is requesting a Special Permit and a Variance. (in accordance with Section 9 Pre-existing Nonconforming Structures or Uses, Sections 4.122 and 4.122.14, and 4.122.14.A.b of the Zoning bylaw) within an R-4 District. The Special Permit is needed to demolish a two family home and garages and to construct a new two family home. Variances are also required for Side Setbacks (Table 2 of the Zoning By-laws). Legal notices for the Special Permit and Variances were sent to all the certified abutters provided by the Town of North Andover, Assessors Office, and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on June 5, 2012 and June 12, 2012. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, and D. Paul Koch Jr. The following Associate members were present Michael Liporto and Tyler Speck. Byers made a motion to Grant the Variances for relief of side set backs that are needed, 7 feet are needed for the left side setback and 1 foot is needed for the right side setback to be in accordance with Table 2 of the Zoning By laws. To allow for the new two family dwelling that is proposed. Koch second the motion All were in favor to Grant the Variance: Richard Byers, D. Paul Koch Jr. Michael Liporto, and Tyler Speck. Not in favor to Grant the Variance: Ellen McIntyre 4-1 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 are provisions for the required off-street parking. Adequate and appropriate facilities will be provided to demolish the 2 family dwelling and garages and to construct a new two family dwelling on this property. The Board finds that this new proposed two family dwelling will not be substantially more detrimental than the existing dwelling to the neighborhood and that this use, is in harmony with the neighborhood and general purpose and intent of this Bylaw. Pagel of 2 Site: 22 Upland Street, North Andover, MA 01845 (Map 67 Parcel 69), North Andover, MA 01845 Table 2 of the Zoning by laws for Side setbacks, and Sections 9, and Sections 4.122, 4.122.14, 4.122.14.A b, to demolish an existing two family home and garages, and construct a new two family within the R-4 District. Plan(s) Title: l.) "Plan of Land" Dated February 14, 2012, 2012, containing one (1) sheet, showing existing and proposed. Prepared by Andover Consultants Inc., 1 East River Place, Methuen MA 01844 2.) "Plans and drawings of the proposed 2 -family" containing (3) sheets. Received April 27,2012 (1)Rear Elevation and Left Side Elevation. (2)Front Elevation and Right Side Elevation (3) Front Apt and Rear Apt, Prepared by Michienz Drafting & Design. If you can Dream it I can Draw it! (no date supplied) Voting in favor: Richard Byers, D. Paul Koch Jr. Michael Liporto, and Tyler Speck. Voting in the Negative: Ellen McIntyre, Result of votes 4-1 The Board finds that the applicant has satisfied the provisions of Sections 9 and Sections 4.122, 4.122.14, 4.122.14.A.b, to demolish an existing two family home and garages and to construct a new two family dwelling .Variances are also required for Side Setbacks (Table 2 of the Zoning By-laws) for property located on 22 Upland Street (Map 67 Parcel 69) in an R-4 District. 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 and Special 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. North Andover Zoninj Board f Appeals Ellen P. McIntyre, Acting Chairman Richard J. Byers, Esq., Clerk D. Paul Koch Jr. Michael P. Liporto Tyler Speck Decision 2012-003B Page 2 of 2 Town of North .Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk D. Paul Koch Jr. Esq. Associate Members Michael P. Liporto Tyler Speck 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, X17 'K Notice of Decision Year 2012 RECEIVED TOW14 CLERKS OFFICE 2012 OCT -2 pM 5:.O6 PiAS�' PVu5Ei l S Town Clerk Time Stamp Property at: 22 Upland Street_ Nnrth Andover MA nt Rai NAME: Arthur Coppeta HEARING(S): 19 June 2012 & 14 August 2012, 11 Sep 2012 & 27 Sept 2012 ADDRESS: 22 Upland Street (Map 67 Parcel 69), PETITION: 2012-003A North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at the Town Hall, on 120 Main Street, North Andover, MA on Thursday, the 27°i of September 2012 at 7:30 PM on the application of Allen E. Cuscia located at 22 Upland Street (Map 67 Parcel 69), North Andover, MA 01845. Petitioner is requesting a Special Permit and a Variance. (in accordance with Section 9 Pre-existing Nonconforming Structures or Uses, Sections 4.122 and 4.122.14, and 4.122.14.A.b of the Zoning bylaw) within an R-4 District. The Special Permit is needed to demolish a two family home and garages and to construct a new two family. Variances are also required for Side Setbacks (Table 2 of the Zoning By-laws). Legal notices for the Special Permit and Variance were sent to all the certified abutters provided by the Town of North Andover, Assessors Office, and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on June 5, 2012 and June 12, 2012. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, and D. Paul Koch Jr The following Associate members were present Michael Liporto and Tyler Speck. Byers made a motion to Grant the Special Permit from Sections 9 and Sections 4.122, 4.122.14 and 4.122.14 A.b of the Zoning Bylaws, to demolish an existing 2 family dwelling and garages, and construct a new two family dwelling. All were in favor to Grant the Special Permit: Richard Byers, D. Paul Koch Jr. Michael Liporto, and Tyler Speck. Not in favor to grant the Special Permit: Ellen McIntyre 4-1 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 are provisions for the required off-street parking. Adequate and appropriate facilities will be provided to demolish the 2 family dwelling and garages and to construct a new two family dwelling on this property. The Board finds that this new proposed two family dwelling will not be substantially more detrimental than the existing dwelling to the neighborhood and that this use, is in harmony with the neighborhood and general purpose and intent of this Bylaw. Page 1 of 2 Site: 22 Saunders Street, North Andover, MA 01845 (Map 67 Parcel 69), North Andover, MA 01845 Table 2 of the Zoning by laws for Side setbacks and Sections 9, and Sections 4.122, 4.122.14, 4.122.14.A b, to demolish an existing two family home and garages, and construct a new two family within the R-4 District. Plan(s) Title: 1.) "Plan of Land" Dated February 14, 2012, 2012, containing one (1) sheet, showing existing and proposed. Prepared by Andover Consultants Inc., 1 East River Place, Methuen MA 01844 2.) "Plans and drawings of the proposed 2 -family" containing (3) sheets. Received April 27,2012 (1)Rear Elevation and Left Side Elevation. (2)Front Elevation and Right Side Elevation (3) Front Apt and Rear Apt, Prepared by Michienz Drafting & Design; If you can Dream it I can Draw it! (no date supplied) Voting in favor: Richard Byers, D. Paul Koch Jr. Michael Liporto, and Tyler Speck. Voting in the Negative: Ellen McIntyre, Voting Results 4-1 The Board finds that the applicant has satisfied the provisions of Sections 9 and Sections 4.122, 4.122.14, 4.122.14.A.b, to demolish an existing two family home and garages and to construct a new two family dwelling .Variances are also required for Side Setbacks (Table 2 of the Zoning By-laws) for property located on 22 Upland Street (Map 67 Parcel 69) in an R-4 District. 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) and Variance 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 BoaYd of Appeals Ellen P. McIntyre, Acting Chairman Richard J. Byers, Esq., Clerk D. Paul Koch Jr. Michael P. Liporto Tyler Speck Decision 2012-003A Page 2 of 2 OF OORi f �t` • ° Zoning Bylaw Denial p Town Of North Andover Building Department 400 Osgood St. North Andover, MA. 01845 Phone 1978-688-9545 Fax 978-688-9542 Street: !' Jl Map/Lot: Applicant: " ^ tae Re uest: 04:M AF . ';r/4 ®ems o0f rYii.► ti'�"ek�� Date: Hease ae aavisea•tnat atter review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning & -Ll 4w91_'4�7/V Remedy for the above is checked below. Item # Special Permits Planning Board Item Notes Site Plan Review Special Permit Item Notes A Lot Area F Frontage Height Variance 1 Lot area Insufficient 1 Frontage Insufficient Independent IElderly Housing Special Permit 2 Lot Area Preexisting X 2 Frontage Complies Special Permit Use not Listed but Similar 3 1 Lot Area Com 'lies 3 1 Preexisting frontage Watershed Special Permit 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 1 Use Preexisting' 2 Complies 4 Special PermitlRe uired 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback j H Building Height 1 All setbacks comply 1 Hei ht Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient ` 3 Preexisting Height - 4 Right Side Insufficient YC,/' 4 Insufficient Information:F i 5 Rear Insufficielt I Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Covera a Complies D Watershed3 Coverage Preexisting X 1 Not in Watershed n 4 Insufficient Information 2 In Watershed j Sign I 3 Lot prior to 10/24_/94 1 i 1 Si n not allowed 4 Zone to be Determined 2 Sign Complies ' 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district ; 2 Parkinq Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parkin Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other;than Frontage Special Permit _ Parking Variance Frontage Exce tion 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 IElderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large EstatelCondo 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 Permit preexisting nonconforming Watershed Special Permit -Special I I 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 DENIAL. 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 building permit application form and begin the permitting process, Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: s item �°Reasons Reference for��Den�al�"'�,` `'� , Police Iry 0 d G o N ®r. ��Y .�"c.•� Mr <* r/ S'A $ Conservation Department of Public Works / Historical Commission j Other BUILDING DEPT OV e12, s1 �voo c-,Mft//< e—,/c 1p - i O .A. I s. I 1 I I I I I i 1� 1 ii 1 Referred To: Fire Health Police Zoning Board Conservation Department of Public Works Planning Historical Commission j Other BUILDING DEPT ,V4) Mar 10 11 10:11a N& N Properties 878-687. 442.6 p.4 SK 8-4 DEED L Arthur Coppets as Trastee of the CcVapetg Realty Trust, Gf 87 Long fond Road, Dan -villi, New Harnpshire 03819, for nomw' al consideration paid of One ($1.00) Dollar, gmnt to Frederick Coppeta a lkJa Frederick Coppetta4 lr=dividually, of22 UplanEd Street, North Andover, Essex County, massachusetts, with quitclaim covenants, A certain lot of land with the buildings thereon s tumted in the said North Andover and being shown as Iot B on a plan of land entitled nHigh and Upland Sts., Worth Andover, 1V1'3ss., dated April 16, 1957, owned by Leo Cappeta et al, Ralph 8. Brasseur, Ertoneer,it Said lot is nwre pa titularly bounded .and described ars follows: NORTHERLY 160.39 feet by land now or formerly of CeriTude it.. Currier et al. as shown on said plata; EASTERLY 50 feet by Upland Street as shown on said plan; St3U'i HERLY 163-49 feet by land now OT fe rmady of Edward E. Towne and Albert:E. Robertson ei u x as shown on said plan; and WESTERLY 50.10 feet by lot A as shown on said. plan. Subject to all restrictims and easements of record in so far as they are now in forte and effect. Being tate szatt3e premises conveyed. to rale~ by deed ofF nderiak Cbppcm, dated August 3, 2001 and recorded in the Essex North District °R6&tryof Deeds in Book 6300, Page 68.. � Cira[1fi Fear not requested a title examination. No tax asps required. � r�3 Fitness my hand and seal this9th day of July, 2004. Arthur Coppeta, Tr6btee Coppetta ftea.ltyTrust ESSEx, SS CO-NMON-WEALTH OF MASSACHUSETTS Judy. Then pet natlty appeared the shave named Arthur Calaa eta, identif ed ' �46� �ijJSlliridrivets liceme and acknowledged the forY«goinginstraarnent to be his acteTshibefore rne, 1 .� Expires: iC_ APPLICANT: Allan E. Cuscia PROPERTY: 22 Upland Street, North Andover, MA 01845 1. The Applicant seeks a Special Permit and a Variance in order to raze the existing old two (2) family residential structure and construct a new two (2) family residential. building. 2. The site is located in a Residence 4 (R-4) multi -family zoning district. The immediate area contains numerous multi -family structures. 3. The proposed residential use is in harmony with the neighborhood and poses no risk of nuisance or hazard to public safety. 4. The proposed use is a two (2) family residential dwelling which is located on a dead end street in the R-4 zoning District and is in harmony with other residential dwellings in the immediate neighborhood. 5. The use is in harmony with the purpose and intent of the Zoning By -Law, but requires a Special Permit to convert the existing structure to two (2) family dwelling and a Variance for relief from the side line setback requirements of the Zoning By -Law. The project required no other dimensional relief.. 6. This application seeks a Special Permit to convert a two family structure to a two (2) family dwelling in an R -4 -Zoning District which is an allowed use by Special Permit from the Zoning Board of Appeals, as well as a Variance for relief from the side line setback requirements of the Zoning By -Law. Resp ully submitted, .< Domen- .�Scalise, Esq. Attorney for the Applicant Abutter to Abutter ( ) Building Dept. ( ) Conservation ( X ) Zoning ( Town of North Andover Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Property: MAP PARCEL'S Name 67 69 Frederick Coppeta Abutters.Properties Map Parcel Name 53 22 Windle Realty Trust, 53 23-1 & 2 Kevin Smith 53 24/1 Leonid Kogan 53 24/2 Sanjay Jain 53 25 Manusr Investments 53 27 Steven Saraceno 67 43 Kenia Baez 67 44 Daniel Depiano 67 45 Margaret Shepley 67 49.1- Sandra Gray 67 49.R Joseph Addivinola 67 501 Marilyn Wilkins 67 50.R Joanne Jensen 67 51 Gail Tanzer 67 53 Francis Shea 67 54 Beatrice Desmond 67 57 KMK SUN Realty Trust 67 57/2 Suzanne Goodman 67 58 Scott McClintock 67 59 Albert Apperti 67 60 Genevieve Dow 67 63 & 65 Albert Finocchiaro 67 67 Michael Heron, Jr 67 68 Lisa Knakkergaard 67 70 Daniel Noone 67 72/1 David Pace 67 72/2 Adam Elbirt 67 73 Sudha Camirand 67 74 Adam Zimmer 67 75 Kevin Diaz 67 76 Geoege Robertson 67 77 Andrea Bettencourt 67 79 Arthur Wilson 67 80 Kenneth Giaquinta 68 2 & 3 Henry Libby 68 4 Robert Gravel 68 5 Arthur Guthrie 68 6.A Richard Raymond 68 6.B Leonard Enaire 68 9 Clifton Waldrep 68 10 RCG North Andover Mills LLC 68 12 Jessica Vining Address 22 Upland Street, North Andover, MA 01845 Address 118 High Street, North Andover, MA 01845 110 High Street, North Andover, MA 01845 102 High Street, North Andover, MA 01845 25 Dudley Street, North Andover, MA 01845 10 W. Market Street Suite 1200, Indianapolis, IN 46204 143 Berkley Road, North Andover, MA 01845 99 High Street, North Andover, MA 01845 13 Mount Vernon Street, North Andover, MA 01845 44 Mount Vernon Street, North Andover, MA 01845 46 Mount Vernon Street, North Andover, MA 01845 36 Mount Vernon Street, North Andover, MA 01845 38 Mount Vernon Street, North Andover, MA 01845 30 Mount Vernon Street, North Andover, MA 01845 20 Mount Vernon Street, North Andover, MA 01845 19 Upland, North Andover, MA 01845 33 Upland Street, North Andover, MA 01845 31 Upland Street, North Andover, MA 01845 39 Upland Street, North Andover, MA 01845 43 Upland Street, North Andover, MA 01845 49 Upland Street, North Andover, MA 01845 15 Furber Avenue, North Andover, MA 01845 30 Upland Street, North Andover, MA 01845 105 High Street, North Andover, MA 01845 12 Upland Street, North Andover, MA 01845 127 High Street, North Andover, MA 01845 5 Bobcat Hill Lane, Ashland, MA 01701 119 High Street, North Andover, MA 01845 113 High Street, North Andover, MA 01845 109 High Street, North Andover, MA 01845 95 High Street, North Andover, MA 01845 15 Mount Vernon Street, North Andover, MA 01845 25 Mount Vernon Street, North Andover, MA 01845 28 Mount Vernon Street, North Andover, MA 01845 46 Prescott Street, North Andover, MA 01845 34 Prescott Street, North Andover, MA 01845 24 Prescott Street, North Andover, MA 01845 85 High Street, North Andover, MA 01845 . 14 Prescott Street, North Andover, MA 01845 39 Prescott Street, North Andover, MA 01845 17 Ivaloo Street, Somerville, MA 02143 11 Upland Street, North Andover, MA 01845 This certifies that the names appearing on the records of the Assessors Office as of -10 Certified by: Date / May 9, 2012 To The North Andover Board of Appeals: I, Mr. Arthur Coppeta, current owner of 22 Upland Street, North Andover, MA, hereby authorize Mr. Alan Cuscia to proceed with obtaining any special permits and variances required for the development of the aforementioned property. Arthur Coppeta Date Mar 10 11 10:11a N & N Properties 878-687-442.6 p.4 D iP 4Z DEED L Arthur Cappets as Trmstee, of the Coppeb Realty Trust, of 87 Long Pend Road, Danville, New Hampshirc 0-3819, ON to for nominal consideration paid of One x$1.00) Naar, grant to Frederick Cappeta Wa Frederick Coppetta, Individually, of 22 Upland Street, North Andover, Essex County, masswhuseM., With quitclaim covenants, A certain lot of land vrith the buildings the -Won situated irk the said North Andover and being shown as lot 13 on a plan of land entitled "High and upland Sts.. North ArldoVer, Mass., dated April 16, 1.957, owned by Leo Coppeta et al, Ralph H. Brasseur, RnL#neer, Said lot is more particularly bot ended and described as follows: NOPITBE'RLY- 10.39 fW bY land now or formerly of Gertrade R- Crier et al. as shown on said plaza; EASTERLY 50 feet bYUPIand Stmet as shown on said plan; SaCITHE RLY 163.49 feet by land now oT formmiy of Edward E. Towne and A lbed-E. Robertson el tax as shown on said plan; and WESTERLY 50.10 feet by lot A as shoe Am on said plan. C=) Subject to all re s tricticns and casements of record . in so far. as they are- novv in forte and eff-ect, Being tbe same Premises 00,1veYed to rare by deed of Frederick CQPpeta, dated August 3, 2001 and recorded in the Essex Norffi District R69istryof Deeds in Book 6300, Page 68. GraMee has not requested a titIc eimmjn;,,fion. No tax allmps require& Witness m hand and seat this 9th- day of July, 2004: Arthur Coppeta, Trustee Coppetta RealtyTrust COINMONWEALTH OF MASSACHUSETTS ESSEX', SS Then PCMRallY a0cacd fhP, above Wined Arthur Coppeta, identified drivers liceme and acknowledged the fom-gaiag instnanent to be his me., July 9 a N mpshin t ed, before, Ssion Expires: I MEMORANDUM APPLICANT: Allan E. Cuscia PROPERTY: 22 upland Street, North Andover, MA 01845 1. The Applicant seeks a Special Permit and a Variance in order to raze the existing old two (2) family residential structure and construct a new two (2) family residential. building. 2. The site is located in a Residence 4 (R-4) multi -family zoning district. The immediate area contains numerous multi -family structures. 3. The proposed residential use is in harmony with the neighborhood and poses no risk of nuisance or hazard to public safety. 4. The proposed use is a two (2) family residential dwelling which is located on a dead end street in the R-4 zoning District and is in harmony with other residential dwellings in the immediate neighborhood. 5. The use is in harmony with the purpose and intent of the Zoning By -Law, but requires a Special Permit to convert the existing structure to two (2) family dwelling and a Variance for relief from the side line setback requirements of the Zoning By -Law. The project required no other dimensional relief.. 6. This application seeks a Special Permit to convert a two family structure to a two (2) family dwelling in an R-42oning District which is an allowed use by Special Permit from the Zoning Board of Appeals, as well as a Variance for relief from the side line setback requirements of the Zoning By -Law. Respeetfully submitted, . / r Domenk .Scalise, Esq. Attorney for the Applicant �i Abutter to Abutter ( ) Building Dept. ( ) Conservation ( X ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Provertv: MAP PARCEL'S Name 67 69 Frederick Coppeta Abutters Properties Map Parcel Name 53 22 Windle Realty Trust, 53 23-1 & 2 Kevin Smith 53 24/1 Leonid Kogan 53 24/2 Sanjay Jain 53 25 Manusr Investments 53 27 Steven Saraceno 67 43 Kenia Baez 67 44 Daniel Depiano 67 45 Margaret Shepley 67 491 Sandra Gray 67 49.R Joseph Addivinola 67 50.1- Marilyn Wilkins 67 50.R Joanne Jensen 67 51 Gail Tanzer 67 53 Francis Shea 67 54 Beatrice Desmond 67 57 KMK SUN Realty Trust 67 57/2 Suzanne Goodman 67 58 Scott McClintock 67 59 Albert Apperti 67 60 Genevieve Dow 67 63 & 65 Albert Finocchiaro 67 67 Michael Heron, Jr 67 68 Lisa Knakkergaard 67 70 Daniel Noone 67 72/1 David Pace 67 72/2 Adam Elbirt 67 73 Sudha Camirand 67 74 Adam Zimmer 67 75 Kevin Diaz 67 76 Geoege Robertson 67 77 Andrea Bettencourt 67 79 Arthur Wilson 67 80 Kenneth Giaquinta 68 2 & 3 Henry Libby 68 4 Robert Gravel 68 5 Arthur Guthrie 68 6.A Richard Raymond 68 6.13 Leonard Enaire 68 9 Clifton Waldrep 68 10 RCG North Andover Mills LLC 68 12 Jessica Vining Address 22 Upland Street, North Andover, MA 01845 Address 118 High Street, North Andover, MA 01845 110 High Street, North Andover, MA 01845 102 High Street, North Andover, MA 01845 25 Dudley Street, North Andover, MA 01845 10W. Market Street Suite 1200, Indianapolis, IN 46204 143 Berkley Road, North Andover, MA 01845 99 High Street, North Andover, MA 01845 13 Mount Vernon Street, North Andover, MA 01845 44 Mount Vernon Street, North Andover, MA 01845 46 Mount Vernon Street, North Andover, MA 01845 36 Mount Vernon Street, North Andover, MA 01845 38 Mount Vernon Street, North Andover, MA 01845 30 Mount Vernon Street, North Andover, MA 01845 20 Mount Vernon Street, North Andover, MA 01845 19 Upland, North Andover, MA 01845 33 Upland Street, North Andover, MA 01845 31 Upland Street, North Andover, MA 01845 39 Upland Street, North Andover, MA 01845 43 Upland Street, North Andover, MA 01845 49 Upland Street, North Andover, MA 01845 15 Furber Avenue, North Andover, MA 01845 30 Upland Street, North Andover, MA 01845 105 High Street, North Andover, MA 01845 12 Upland Street, North Andover, MA 01845 127 High Street, North Andover, MA 01845 5 Bobcat Hill Lane, Ashland, MA 01701 119 High Street, North Andover, MA 01845 113 High Street, North Andover, MA 01845 109 High Street, North Andover, MA 01845 95 High Street, North Andover, MA 01845 15 Mount Vernon Street, North Andover, MA 01845 25 Mount Vernon Street, North Andover, MA 01845 28 Mount Vernon Street, North Andover, MA 01845 46 Prescott Street, North Andover, MA 01845 34 Prescott Street, North Andover, MA 01845 24 Prescott Street, North Andover, MA 01845 85 High Street, North Andover, MA 01845 . 14 Prescott Street, North Andover, MA 01845 39 Prescott Street, North Andover, MA 01845 17 Ivaloo Street, Somerville, MA 02143 11 Upland Street, North Andover, MA 01845 This certifies that the names appearing on the records of the Assessors Office as of -moo Certified by: Date / ,? May 9, 2012 To The North Andover Board of Appeals: I, Mr. Arthur Coppeta, current owner of 22 Upland Street, North Andover, MA, hereby authorize Mr. Alan Cusciato proceed with obtaining any special permits and variances required for the development of the aforementioned property. Arthur Coppeta Date NoRT" Zoning Bylaw Review Form p Town of North Andover Building Department 1600 Osgood St. Bldg 20 Suite 2-36 9Ss^`"°SES North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 22 Upland Street Ma /Lot: 67/69 Applicant: Arthur Co eta Request: Demolish existing 2 family and garage and to construct a new 2 family Date: Aril 23, 2012 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning R-4 Remedy for the above is checked below Item # Special Permits. Planning Board Item Notes X Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient X 1 Frontage Insufficient X 2 Lot Area Preexisting X 2 Frontage Complies X Special permit for preexisting nonconforming 3 1 Lot Area Complies 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 1 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required X 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comp) 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies X 3 Left Side Insufficient X 8' 3 Preexisting Height 4 Right Side Insufficient X 14' 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed NO 3 Coverage Preexisting X 1 Not in Watershed 4 Insufficient Information 2 In Watershed j Sign 3 1 Lot prior to 10/24/94 1 Sign not allowed N/A 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District NO K Parking 1 In District review required 1 More Parking Required 2 Not in district 2 Parking Complies X 3 Insufficient Information 3 Insufficient Information 4 P�r—e-existing Parkin Remedy for the above is checked below Item # Special Permits. Planning Board Item # Variance Site Plan Review Special Permit X Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exce tion Lot Special Permit Lot Area Variance Common Driveway Special Permit Variance building.size 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 X 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 Signature Application Received y-47 Application Denied Denial Sent : If Faxed Phone Number/Date: 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: Reference �Reasons�for� Pre-existing non -conforming structure or use Section 9 X Zoning Board X Conservation 4.122 Residential 4 District 4.122.14 Residential Dwelling 4.122.14.A.b Two Family dwelling by SPECIAL PERMIT from Zoning Board of Appeals, in accordance with Section 10.3 and 4.122.14.D of this Bylaw Variance is required for side setbacks (Table 2 of the Zoning By-law) Referred To: Fire Health Police X Zoning Board X Conservation X Department of Public Works X Planning Historical Commission Other Building Department h N E E g 11 d3 1: V v a $ iR _ N w Z o E c v' �g$y� M } Z I— A V w w tQi Z J Z tl z g: all 11" Z U eIn gpa$ i s tii w F- E Q C W Ix IxD m Dq�;$3E85$ ~ Q V W. d' z m 91,11:e�@ H c co c a cn Z O I— Q W J W W O F- O Z O_ W J W X00 Z . 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Q C Q. h' � Q � o m 0 z O EIDIa W J W W 0 N F- 2 (7 Z ® O F— a W J W F— ®EM= O LiU— z E E rn n w o o R CM 0 0 Lu f" fn Z Z (�9 �°zss5° @Wo > z © U W v ? J z LU Z e; ���£�o�gs p Q O Q Q 1- m F- :gets :Wca W Li.l Z W F-- Z a a IMM -13e FW Q Q O w m 0 O g rajs6,ga Q U w w S H 0 N 0 d En o-.az .0,01 .0-.9z 0 Fn �gx E min ux o � � u Ell 6 LL0 U) V) F 00 X CL CL a O u CL IDLEE ID0 m LU a WgX u �o \ sm� L rc �x z - N_ E. u ox LO rc m - x 0 LEE FO -1 0— a =x �x a � oa C a z Sld3ddV Jo uavos L w icor L z Ndb z 4 Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk D. Paul Koch Jr. Esq. Town of North Andover ZONING BOARD OF APPEALS Legal Notice North Andover Board of Appeals .Associate Members Michael P. Liporto Tyler Speck Zoning Enforcement Officer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Senior Center, 120R Main Street, North Andover, MA on Tuesday, June 19th, 2012, at 7:30PM to all parties interested in the petition of Arthur Coppeta for property located at 22 Upland Street (Map 67, Parcel 69), North Andover, MA 01845. Petitioner is requesting a Special Permit and a Variance (in accordance with Section 9 Pre-existing Nonconforming Structures or Uses, Sections 4.122 and 4.122.14, and 4.122.14.A.b of the Zoning bylaw) within an R-4 District. A Special Permit is needed to demolish a two (2) family dwelling and garages, and to construct a new two family dwelling. A Variance is also required for Side Setbacks (Table 2 of the Zoning By-laws) Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday, through Thursday from the hours of 8:OOAM to 4:OOPM and Friday from the hours of 8:OOAM to 11:30PM. L VOGL IL UjC4 . a'O CI a'C�Tab OyCF �Chlc t, jE�O 1 �cQSi'-c '0 U. -yam ,m3A� E a�>oc" Nc -? i6ayr�aa'immm Q�X> > 0�3 n 3Eo�`° a Has ' 0)ip Z5 r-. t: m g a€ a - W¢cvoZ-°io c�maa °gym cairn mm ° r�mQy°° u7 rn a `T a°i 3r rY O r o60 aV 0 >a>LcSTT'> con ca' _ .dao°o a�or°�w •0 By order of t., oa m -Q ° `° °-10- y �� �N _ > 0. .2 mz= o ° � 0- O O a1 C `'O N- N i a) L Q >. L >°���NE�vQma� O w Albert P. Mal=0�r-z FRa° oo= 'MNN N.$6. mmo-om FGt°o.o--- �NN o>:-°� c OQyQF00nc��ONOLE°`r�o���mo'�' Z0 'ai 2Q .. oyvcc�o Q¢'o 16 o'E�6a'6o�6E CO Go)15 O�a3'6Qp03=C.�-1=60.0d°�NU�Vy-p °ism e•�°. O� C mN N 0'L.N• V U �N Cfn y 0)a� a' QN O� 0 >,p stn >.40 Z0a' ->�N -Cd EC=UNLQ'-�-OLa(6.00 LtOMm_ S oa'a'000�ao ma'om�- o,�Ea� a'�¢a'° Q� mrU'aN. 0:3Z a'aZrnv 3 E 04 2 o :3rr�r�i� t Published in the Eagle Tribune one L 2 6 N 9 m 0 O y c6.1- � �; E D o ° <L ICq v%�mm E moo,a� June 5 2012 '"n=a� mo"y1p1-6 9 dE June 12 2012 tn�m`no�rav� rn=_mores ���mp_Q-0oo.a2 ' 10 Co. U WQ=°o?�°oma,��c. a�or�aW pa�Lcam�'i600t�"cmirn°vN �>?���o�Z°1L-Oai (N Z Eolaod�'Qo mw_ -i LL C M d O Q 6 a3 •- tc3 .- .. Q .0 ,16 N L Q m N 0.- 7r2 aQ22 m� C" _ N £ ° a' X16' `00 r NN F'CL6.Z. L2:d N.l-CSN 00a m�m=>L�riGpr pa'.N 2�r cc C) OQN ff QMCC F NQf�C Or•Op CC.'L-''�aQ�ULcd3 r N°maNEO •OpdtO ZO a'.�i6� NC0/63 NV Ca'16 N'O'OOV�Uy= �O�ln. mc'oo,`�asvRVQ%- `crura d a,NQ Oo��a d p� `�N, m CS Ct m• U U ON Cfn N mT= a) O_N OO�L tT60mQf0 0 Z1616=>�NN�rd�NLQ=�.-7LQNQ�. `4)LO, 0 Q'm00m7Q.0 m160x'_ �6�m,`._ CT�rti.� Mr_ L U'0 N .. U D Z d'D Z (n v 3 E Ow 0 ,... ,.,....—.. .�._. Abutter to Abutter ( ) Building Dept. ( ) Conservation ( X ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Propertv: MAP PARCEL'S Name 67 69 Frederick Coppeta Abutters Properties Map Parcel Name 53 22 Windle Realty Trust 53 23-1 & 2 Kevin Smith 53 24/1 Leonid Kogan 53 24/2 Sanjay Jain 53 25 Manusr Investments 53 27 Steven Saraceno 67 43 Kenia Baez 67 44 Daniel Depiano 67 45 Margaret Shepley 67 491 Sandra Gray 67 49.R Joseph Addivinola 67 501 Marilyn Wilkins 67 50.R Joanne Jensen 67 51 Gail Tanzer 67 53 Francis Shea 67 54 Beatrice Desmond 67 57 KMK SUN Realty Trust 67 57/2 Suzanne Goodman 67 58 Scott McClintock 67 59 Albert Apperti 67 60 Genevieve Dow 67 63 & 65 Albert Finocchiaro 67 67 Michael Heron, Jr 67 68 Lisa Knakkergaard 67 70 Daniel Noone 67 72/1 David Pace 67 72/2 Adam Elbirt 67 73 Sudha Camirand 67 74 Adam Zimmer 67 75 Kevin Diaz 67 76 Geoege Robertson 67 77 Andrea Bettencourt 67 79 Arthur Wilson 67 80 Kenneth Giaquinta 68 2&3 Henry Libby 68 4 Robert Gravel 68 5 Arthur Guthrie 68 6.A Richard Raymond 68 6.13 Leonard Enaire 68 9 Clifton Waldrep 68 10 RCG North Andover Mills LLC 68 12 _ Jessica Vining Address 22 Upland Street, North Andover, MA 01845 Address 118 High Street, North Andover, MA 01845 110 High Street, North Andover, MA 01845 102 High Street, North Andover, MA 01845 25 Dudley Street, North Andover, MA 01845 10 W. Market Street Suite 1200, Indianapolis, IN 46204 143 Berkley Road, North Andover, MA 01845 99 High Street, North Andover, MA 01845 13 Mount Vernon Street, North Andover, MA 01845 44 Mount Vernon Street, North Andover, MA 01845 46 Mount Vernon Street, North Andover, MA 01845 36 Mount Vernon Street, North Andover, MA 01845 38 Mount Vernon Street, North Andover, MA 01845 30 Mount Vernon Street, North Andover, MA 01845 20 Mount Vernon Street, North Andover, MA 01845 19 Upland, North Andover, MA 01845 33 Upland Street, North Andover, MA 01845 31 Upland Street, North Andover, MA 01845 39 Upland Street, North Andover, MA 01845 43 Upland Street, North Andover, MA 01845 49 Upland Street, North Andover, MA 01845 15 Furber Avenue, North Andover, MA 01845 30 Upland Street, North Andover, MA 01845 105 High Street, North Andover, MA 01845 12 Upland Street, North Andover, MA 01845 127 High Street, North Andover, MA 01845 5 Bobcat Hill Lane, Ashland, MA 01701 119 High Street, North Andover, MA 01845 113 High Street, North Andover, MA 01845 109 High Street, North Andover, MA 01845 95 High Street, North Andover, MA 01845 15 Mount Vernon Street, North Andover, MA 01845 25 Mount Vernon Street, North Andover, MA 01845 28 Mount Vernon Street, North Andover, MA 01845 46 Prescott Street, North Andover, MA 01845 34 Prescott Street, North Andover, MA 01845 24 Prescott Street, North Andover, MA 01845 85 High Street, North Andover, MA 01845 14 Prescott Street, North Andover, MA 01845 39 Prescott Street, North Andover, MA 01845 17 Ivaloo Street, Somerville, MA 02143 11 Upland Street, North Andover, MA 01845 This certifies that the names appearing on the records of the Assessors Office as of Zf -20 Certified by: Date / a Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III Esq. Chairman Ellen P. McIntyre, Vice -Chairman c� Richard J. Byers, Esq. Clerk '" D. Paul Koch Jr. Esq. Legal Notice North Andover Board of Appeals Associate Memhers Michael P. Liporto Tyler Speck Zoning Enforcement Officer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Senior Center, 120R Main Street, North Andover, MA on Tuesday, June 19th, 2012, at 7:30PM to all parties interested in the petition of Allen E. Cuscia for property located at 22 Upland Street (Map 67, Parcel 69), North Andover, MA 01845. Petitioner is requesting a Special Permit and a Variance (in accordance with Section 9 Pre-existing Nonconforming Structures or Uses, Sections 4.122 and 4.122.14, and 4.122.14.A.b of the Zoning bylaw) within an R-4 District. A Special Permit is needed to demolish a two (2) family dwelling and garages, and to construct a new two family dwelling. A Variance is also required for Side Setbacks (Table 2 of the Zoning By-laws) Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Thursday from the hours of 8:OOAM to 4:OOPM and Friday from the hours of 8:OOAM to 11:30PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: June 5, 2012 June 12, 2012 Albert P. Manzi III, Esq. Chairman Ellen P: McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk D. Paul Koch Jr. Esq. Town of North Andover ZONING BOARD OF APPEALS Legal Notice North Andover Board of Appeals Associate Afembers Michael P. Liporto Tyler Speck Zoning Enforcement Officer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at The North Andover Senior Center, 120R Main Street, North Andover, MA on Tuesday, � June 19th, 2012, at 7:3OPM to all parties interested in the petition of Air is for property located at 22 Upland Street (Map 67, Parcel 69), North Andover, MA 01845. Petitioner is requesting a Special Permit and a Variance (in accordance with Section 9 Pre-existing Nonconforming Structures or Uses, Sections 4.122 and 4.122.14, and 4.122.14.A.b of the Zoning bylaw) within an R-4 District. A Special Permit is needed to demolish a two (2) family dwelling and garages, and to construct a new two family dwelling. 'A Variance is also required for Side Setbacks (Table 2 of the Zoning By-laws) Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Thursday from the hours of 8:OOAM to 4:OOPM and Friday from the hours of 8:OOAM to 11:30PM. By order of the Board of Appeals Albert P. Manzi II1, Esq., Chairman Published in the Eagle Tribune on: June 5, 2012 June 12, 2012 _Os. 'BOOK I#.mary Ann Stella ' 869 M- . of °NortTi'Andover" i;ssex ' • Co+�utyt . PAGE jri �euncr:ied,for eong&mtignpaid,S_tt4 Leo P. Coppeta and Florence. R..Coppeta, g,4 hus`Iand and wife, as joint. te ants sand not as tenants in cominon,nor by saw other tenancy of said North Andover w$h =iitladu spaettttvttt: i -a certain lot of'land with the buildings thereon situated -in the i said North Andover and being phown as lot A on a plan of land.entitled "High and Upland Sta., North Mdover, Dass., dated April 16, 1957, owned I ' (�vet� aad tawm6eamq u as>) by Leo.Coppeta et. al, Ralph B'.•Brasseur,, Engineer" to be recorded herewith. Said lot is more particularly: bounded.and'described as follows;-; ' Northerly 84.01: feep by land of Gertrude R. Currier i at alii• ads shown on said plan; Easterly 50.10 feet •hy lot Bas'. gh own on s aid pl4n; Southerly•-83-51_fee':t by land -of Albert B. Rob®rteon ! et ux-as �hawh pn s aid:`plan; and Westerly. 50.07 feet as shown on�said plan. ,. • 1 •Being part of the same premises conveyea to' -me -this day by deed of I ' Leo P. Coppeta and Ido Coppeta to be irecorded herewith..: This oonveyeanceis.mad e;subject. to a. right of..way'over the northerly bound,..five feet in width; heretofore granted to the abutting owners`on i the northerly bound. I �1 " I r A right ofway, five Peet in width; •'over the northerly bound. oft he.. granted premises, is hereby ;4 -so given to the. owners of and for the benefit of. lot B as indicated on said- plan.'w; t '• i'hel .owners 'of "lot B shall.. have the. right to maintain Qonnections .t the. water, ..gas.,, electric and lgevverage facilities novt riinning through -and '. :aoross lot A, granting:tc the; owners oP lot A the free use of the'iippnd. : �• stall, of the garage situtated) on lot B as. long as any part 'of these connec- tions are. maintained for the ibenefit of said lot B. No ;fence or barrier of ahy kind is to be erected on the -easterly bound t of sai$ ot A. i; No .monetary givenefaa;:this conveyance. I� .Wohael' T' •`"Stella i hashaadof said .. � 1 1E7c gautior;; ;. release to sas! zmntee all rights of ! M j�1e �7 and other inteiats`iherein � � d IDV' h+fld. andaeat•: tb. Pi.Ai:h day6f ,Fehi•t'—arV�,. ••.i9LM. � rx WO CAMINOU Fslsex •' i _ Febrnary_S�9� I Thgtpeisonally appeared;itu ahoy bear nn S*61la i;. TY aad ad wW,ed tfie fo omB,iaititimeent ;be ,cher s.re lea . dud; Won nit - - . Eddie ; aid. :Reeoided.:Febi '5, 1959 at• 30m • at •1PX& : • #56 `'r - Race . ......... lit .23 W8 mo aoppifi9► ' of north Atdovar. is of as D;AB ($1.w) FIBIs to mac OCPPEm► of 22 Upland Street. Horth Andover• Nlassac]xssetta ft ,.dkbd= CAUvtd* A in lot of land with the buildings thwpen situated in the setd north Andover std being eha+d as let B cn a plan of land entitled "" and 16, 1957. owned bU Isso Upload Ste.. Horth ArAMer, Mess.' dated ApCil St a1, tpelph B. ameseur, fbgineec. � Said lot is moat particularly botsded and deat:rlbad a folle"I.- t1t7RIF�it+Ys 160.39 feet by lend Of Gertrude R• Oarler at �" as shown an said Plans may; 50 feet by Upland Street as shwas m said Plans SOVnmu: 163.49 feet by land of rd"rd B. Wald aWd Albert 8. Aobertar+► tt ux as sham cn said Plans and wESTFId.Y: 50.10 feet by lot A as "harm m Said plan. For title see Deed dated FebrtarY 5. 1958 and reaocrled with flan mum North strict Registry of Deeds in Hook 869. Page 86. r,is omvW aca is made subject to a right of way over the nartharly bx-d' five feet in width. berebofore g�td� the abutting—We on the nprttserlY of the granted A right of say, five feta � e of and for the benefi of lot A as Wt Asea is heu;ebY resetved indicated an said plan. the right m aa� maintain aectto the The owners of lot S are gives ands lot A. water, gas, electric and seMeraga facilities now running thrauplt granting to the amens of lot A the of tthhesee the ect�ans are maintained for situated an lot B as long stall of the garage as .amp' Pam the benefit of said lot B. No fens of barrier of any kind is to be rsected as the westerly >aaad d' said Gr "tee boo not raDm atad a title e> B. tion. No tax staMs ars regsslr'ea' do Of eAep_ 19 i6. EvvmWd as a sealed ispstwset rho Ido tip eIL °fausstts 0c-fo6erz 7 Ngb. Two P node •rpm" the ab" names Ido t7tspp3ta sad adaawbdpd t1r tasgahtt taml! w1°' Nway raw yr ;I�� `' ttaeatltsisa rpYO WE reed 0ct.15•1986 at :LO Iso #3s►231