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SSACHU`�E
BUILDING DEPARTMENT
Community Development Division
MEMORANDUM
To: David A. Kindred
Powderhill Development Corporation
P. O. Box 531
North Andover, MA 01845 f
From: Gerald A. Brown, Inspector of Buildings Brown/i'oning Enforcement Officer
Re: Lot B Dale Street
Date: May 1, 2008
• Point D-2&3, B-4: Chapter 40A, Section 6 mentions area, frontage, width, yard and
depth requirements, not zoning bylaw in general. Also, which are the two separate
occasions in the past where this lot has been deemed grandfathered from the provisions of
the Watershed Protection District? .
Any increase in area, frontage, width, yard, or depth requirements of a zoning
ordinance or by-law shall not apply to a lot for single and two-family residential use
which at the time of recording or endorsement, whichever occurs sooner was, not
held in common ownership with any adjoining land, conformed to then existing
requirements and had less than the proposed requirement but at least five thousand
square feet of area and fifty feet of frontage.
• Point: F-1: The denial note was based upon Exhibit F, a photocopy excerpt of the Special
Town Meeting of April 27, 1955, supplied by Atty. Hart.
1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845
Phone 918-688-9545 Fax 978-688-9542 Web www.townofnorthandover.com
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POWDERHILL DEVELOPMENT CORP.
P.O. Box 531
NORTH ANDOVER, MA 0'1845
(978)688.6558
FAX (978)683.4430
April 25, 2008
Gerald Brown
Building Inspector
Town of North Andover
1600 Osgood Street, Building 20, Suite 2-36
North Andover, MA 01845
Re: Lot B Dale Street
Dear Mr. Brown:
Thank you for reviewing our application and zoning analysis for Lot B Dale Street. The
following is our response to issues raised in your Zoning Bylaw Review Form:
D-2+3, B4
Our attorney, Mike Hart, believes our lot grandfathers from the Watershed Bylaw as it is
a zoning bylaw, and we therefore grandfather in the same way as for other zoning bylaws
(please see attached Chapter 40A Section 6). Based on this provision in the zoning act,
we have been deemed to grandfather from the watershed bylaw on two separate
occasions in the past.
C-7, G-4, H-4
The zoning chart has been added to the attached plan. Our engineer will correct the
maximum height required to "less than 35 feet" as noted.
F-1
Please see attached Section 7.8.1 of the Zoning Bylaw.
Thank you for your consideration.
Yours truly,
Powderhill Development Corp.
David A. Kindred
Zoning Bylaw Review Form
Town Of North Andover
Building Department
1600 Osgood Street, Building 20, Suite 2-36
North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street:
Dale Street, Lot B
Map/Lot:
64/31
Applicant:
Morley Family Trust, Harold Morley, Jr., Trustee
Request:
Construct single-family dwelling
Date:
3-10-08
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning District: R-1
Rpmpriv fnr the ahnve is checked below
Item # Special Permits Planning Board
Item
Notes
Site Plan Review Special Permit
Item
Notes
A
Lot Area
Frontage Variance
F
Frontage
Lot Area Variance
1
Lot area Insufficient
Height Variance
1
Frontage Insufficient
X
2
Lot Area Preexisting
X
2
Frontage Complies
Special Permit Non -Conforming Use ZBA
3
Lot Area Complies
Earth Removal Special Permit ZBA
3
Preexisting frontage
X
4
Insufficient Information
Special Permit To -r-2 Unit
4
Insufficient Information
Special Permit Pre-existing, Non -
Conforming
B
Use
Supply Additional Information
5
No access over Frontage
1
Allowed
G
Contiguous Building Area
2
Not Allowed
1
Insufficient Area
3
Use Preexisting
2
Complies
4
Special Permit Required
X
3
Preexisting CBA
5
Insufficient Information
4
Insufficient Information
X
C
Setback
H
Building Height
1
All setbacks comply
1
Height Exceeds Maximum
2
Front Insufficient
2
Complies
3
Left Side Insufficient
3
Preexisting Height
4
Right Side Insufficient
4
Insufficient Information
X
5
Rear Insufficient
I
Building Coverage
NA
6
Preexisting setback(s)
1
Coverage exceeds maximum
7
Insufficient Information
X
2
Coverage Complies
D
Watershed
3
Coverage Preexisting
1
Not in Watershed
4
insufficient Information
2
In Watershed
X
j
Sign
NA
3
Lot prior to 10/24/94
X
1
Sign not allowed
4
Zone to be Determined
2
Sign Complies
5
Insufficient Information
3
Insufficient Information
E
Historic District
K
Parking
1
In District review required
1
More Parking Required
2
Not in district
X
2
Parking Complies
X
3
Insufficient Information
Rpmpriv fnr the ahnve is checked below
Item # Special Permits Planning Board
Item #
Variance
Site Plan Review Special Permit
D-2&3
Setback Variance
Access other than Frontage Special Permit
F-1
Frontage Variance
Frontage Exception Lot Special Permit
Lot Area Variance
Common Driveway Special Permit
Height Variance
Congregate Housing Special Permit
Variance for Sign
Continuing Care Retirement Special Permit
Special Permits Zoning Board
Independent Elderly Housing Special Permit
Special Permit Non -Conforming Use ZBA
Large Estate Condo Special Permit
Earth Removal Special Permit ZBA
Planned Development District Special
Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit
Special Permit To -r-2 Unit
R-6 Density Special Permit
?
Special Permit Pre-existing, Non -
Conforming
B-4 Watershed Special Permit
C-7, G-
4, H-4
Supply Additional Information
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 abo le. You must file a new b doing permit app icauon Corm ano oegm the pemimmy piucess.
Building Department Offidial ignature 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 building permit
for the property indicated on the reverse side:
Review Reasons fiocDenial. &, Bylaw.Refelrenee.:>
D-2&3 A Variance from 4.136.c.ii.3 ofthe Zoning Bylaw is required from the Zoning
Board of Appeals in order to construct a new permanent structure in the Non -
Disturbance Buffer Zone of the watershed Protection District.
B-4 & D-2 I Properties located in the Watershed Protection District require a Watershed
Special Pen -nit through the Planning Board per Section 4.136 of the Zoning
C-7, G-4, The Proposed Site Plan, Dale Street — Assessors Map 64 Lot 31, dated 1/30/08
H-4 and 3/7/08 does not provide a Zoning analysis chart listing required 1956 lot
dimensions, percentage of Contiguous Buildable Area, right side and rear
setbacks. or the average grade heiaht of the Drouosed 28x36 t=_arrison house.
F-1 Note : - Atty. Michael J. Hart's February 28, 2008 letter's Exhibit F (labeled
Special Town Meeting,. April 27, 1955), page 38, 4u' paragraph: "Except as
hereinafter provided, in single residence... and agricultural districts... a lot
containing an area of not less than 20,000 square feet and a frontage of not less
than 125 feet upon the frontage street." The ANR plan, Exhibit I, was
registered on October 29, 1956. It is possible that between April 1955 and
October 1956, another Town Meeting voted to approve a lesser amount of
street frontage.
Referred To:
Fire
Health
Police
X Zoning Board of Appeals
Conservation
Department of Public Works
X Planning
Historical Commission
Other
BUILDING DEPT
Zoni ngB yl awD en i a 12 000
i`
Section 6. Pre-existing Non-conforming Uses,
Structures and Lots
Exemption for Except as hereinafter provided, a zoning ordinance or by-
Structure and Use law shall not apply to structures or uses lawfully in
Lawfully Begun or existence or lawfully begun, or to a building or special
in Existence permit issued before the first publication of notice of
the public hearing on such ordinance or by-law required
Exemption for by section five, but shall apply to any change or sub-
Building or Special stantial extension of such use, to a building or special
Permit Issued Before permit issued after the first notice of said public hearing,
First Notice of to any reconstruction, extension or structural change of
Public Hearing such structure and to any alteration of a structure begun
after the first notice of said public hearing to provide`
for its use for a substantially different purpose or for
the same purpose in a substantially different manner or
to a substantially greater extent except where alteration,
reconstruction, extension or structural change to a single
or two-family residential structure does not increase the
Pre-existing Non- nonconforming nature of said structure. Pre-existing non-
conforming Structures conforming structures or uses may be extended or altered,..
or Uses May be provided, that no such extension or alteration shall be-:.`
Extended, Changed permitted unless there is a finding by the permit granting
or Altered After authority or by the special permit granting authority
Finding by designated by ordinance or by-law that such change,
Granting Authority extension or alteration shall not be substantially more
detrimental than the existing nonconforming use to the
neighborhood. This section shall not apply to billboards,
signs and other advertising devices subject to the
provisions of sections twenty-nine through thirty-three,
inclusive, of chapter ninety-three, and to chapter ninety-
three D.
Ordinance or By-law A zoning ordinance or by-law shall provide that construction
Shall Provide that or operationsunder a building or special permit shall
Building or Special conform to any subsequent amendment of the ordinance or 1_
Permit Shall Conform by-law unless the use or construction is commenced within'
if Not commenced a period of not more than six months after the issuance of
Within a Period of the permit and in cases involving construction, unless
Not More Than 6 such construction is continued through to completion as
Months continuously and expeditiously as is reasonable.
Regulating of A zoning ordinance or by-law may define and regulate.non-
Nonconforming conforming uses and structures abandoned or not used for
Uses After 2 years a period of two years or more.
Single Lot Any increase in area, frontage, width, yard, or 3 depth Exemption for requirements of a zoning ordinance orb -law shall not
Slingle and apply to a lot for single and two-family residential use
Two-Family Use which at the time of recording or endorsement, whichever
occurs sooner was not held in common ownership with any
adjoining land, conformed to then existing requirements
6-1
6-2 2/11/86
and had less than the.proposed requirement but at least
five thousand
common Lot
square feet,of area and fifty feet of
frontage. Any increase
Exemption for
in area, frontage, width, yard
or depth requirement of
Single and
a zoninn ordinance or by-law
shall not applyfor a,period of five
Two Family use
years from its
effective date or for.five.years after January first,
nineteen
hundred.and`seventy-six, whichever is later, to
a lot for single'and two family
residential use, provided
the elan for such lot.was
recorded or endorsed and such lot
was held in common ownership with
anv adjoining land and
conformed to the existing zoning requirements
as of January
first, nineteen hundred and
seventy-six, and had less area,
frontage, width, yard or depth requirements
than the newly
effective zoning renui.rements- but contained at least seven
thousand five
hundred square feet of area and seventy-five
feet of frontage,,and'provided that
said five Year period
does not commence prior ,to January-first, nineteen hundred
and
seventy-six,:and provided further that the provisions
of this sentence shall
not apply to more than three of such
adjoining lots held in
common ownership. The provisions
of this paragraph shall not be
construed to prohibit a lot
being built upon, if at the time of the building,
buildinn
upon such lot is not prohibited by the
zoning ordinances
or by-laws in effect in a city or town.
Definitive Plan
Exemption
If a definitive Dlan, or a prelim=inary plan followed
within
seven months by a definitive plan, is submitted
to a planning board for
approval under the subdivision
control law, and written notice
Land Governed
of such submission has
been niven to the city or town clerk before the
effective date
by zoning in
of ordinance or by-law, the land shown
on such plan shall be
Effect at Time
governed by the applicable
provisions of the zoning ordinance
of Submission
or by-law, If any,
in effect at the`time of the first
Plans Submitted
such submission
while such plan or plans are being` processed under the
subdivision control law,
After 12/31/76
S Year
and, if such definitive plan
or an amendment thereof is finall
Exemption
a
Y pproved, for elp,ht
years from the date of the endorsement
Plans Submitted
of such approval,
except in the case where such plan was submitted or
submitted and
Prior to 1/1/76
approved before January first, nineteen
hundred and seventy-six, for
7 Year Exemption
seven„years from the date
of the endorsement of such
Moratorium
approval. Whether such
period is eight years or seven years, it shall be
effecting
extended by a period equal to the time which a city or town
imposes or has imposed upon it
Subdivision
Plans
by a state, a federal agency
or a court, a moratorium on construction, the 'issuance
of
permits or utility connections.
6-2 2/11/86
_ C �
7.4 Building Heights
Maximum heights of buildings and structures shall be as set forth in Table 2. The foregoing limitations of height
in feet in the designated zoning districts shall not apply to:
1. Farm buildings on farms of not less than ten (10) acres.
2. Nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers,
and other accessory structural features usually erected at a height greater than the main roofs of any
buildings.
3. Nor to domes, bell towers, or spires of churches or other buildings, provided all features are in no way
used for living purposes.
4. And further provided that no such structural feature of any non -manufacturing building shall exceed a
height of sixty five (65) feet from the ground.
5. Nor of a manufacturing building a height of eighty five (85) feet from the ground
7.5 Lot Coverage
Maximum lot coverage by buildings shall be as forth in Table 2. Lot coverage shall mean the percent of the lot
covered by principal and accessory structures.
7.6 Floor Area Ratio
Maximum floor area ratio (FAR) shall be as set forth in Table 2. FAR is the ratio between the total amount of
building floor area on all usable floors and the area of the lot on which it is located.
7.7 Dwelling Unit Density
Maximum dwelling unit density (dwelling units per acre) shall be as set forth in Table 2
7.8 Exceptions
1. The residential lot areas and frontages above required and listed in Table 2 shall apply in any
/ residence district to any IN of less area or less frontage than above required if such lot be not adjoined by
other land of the same owner, available for combination with or use in connection with such lot,
provided that the applicant for a building permit on any such lot shall show by citations from the Essex
County Registry of Deeds incorporated in or attached to such application that such lot was lawfully
out and recSgWp bxfl,lan or deed, prior to January 9, 1957 and provided that on such a lot there
shall be kept open and not built upon a front yard and a rear yard each not less than 20 feet deep, and
two side yards, each not less than 12 feet wide, and further provided that such lot shall have a minimum
street frontage of 50 feet and a minimum lot area of 5,000 square feet.
2. In Residence 4 (R4) Districts only, two or more vacant lots, mutually adjoining may with a Special
Permit from the Board of Appeals be permitted to be combined into a new lot or lots of not less than
10,000 square feet area each, and with not less than 100 feet street frontage, provided it be shown to the
Board of Appeals that each such lot was lawfully laid out and duly recorded by plan or deed prior to
January 9, 1957 and the Building Inspector shall permit the construction of one single family dwelling on
each such 10,000 square foot lot.
3. As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall apply to land shown on an
approved definitive subdivision plan as defined by the Subdivision Control Law, for the length of time
described in M.G.L. Ch 40A-
4. As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall affect the use of lan,� shown
on an endorsed Approval Not Required Plan, as defined by the Subdivision Control Law, for the length
of time descnbed in M.G.L. Ch 40A.
(Section 7 rewritten and reorganized May 1, 1995 Annual Town Meeting Article 41)
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APRIL7M
', i855
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF RECISION
Date_ October 25, 1956
Petition No.
Date of Hearing Septmber ls,, 1956
Petition of Harold Morley Jr:
Premises affected North Side of Dale Streetp North Andover
Referring to the above petition for a variation from the requirements of the
Zoning By—Lawn of the Town of forth Andover, M'assachusette
so as to hermit the sub—division of land
After a public hearing given on the above date, the Board of Appeals voted glzT G.11 M the
VARIA19CE and hereby authorize the Building Inspector to issue a
permit to
for the construction of the above work, based upon the following conditions:
in accordance with plans presented
to the Board of Appeals.
Signed:
Ralph E. F.nek j Chairman
Alfred Boeglini Secretary
Henry Lund
Nicholas 13$eetta
Kenneth Term ux
Board of Appeals
9/11/56 - Cba.irman put notice in Tribune
�(Ppor, '
APRIL7M
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE
-so- ptember 31 19 56
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover,
19556 , atm.o'clock, to all parties interested in the appeal of
116=1d. k3orZe7iJ—"--
requesting
"--
requesting a variation of the Zoning Ordinance so as to permit
tav subdivi Ri CM 0:e I and
on the premises, located st4pe@t Andoar
By Order of the Board of Appeals.
Ralph A. Finck,
Cbairnan
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1855 ;;
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice:—This application must be typewritten; filed, in duplicate; and accompanied by
a plan of the affected premises, a copy of the refusal by the Building Inspector
or other authority.
APPLICATION FOR VARIATION FROM THE REQUIREMENTS
OF THE ZONING ORDINANCE
Applicant: /,/,g Re L d X_C' r? 1 t?Address: '1 4t...",
TO THE BOARD OF APPEALS: Application is hereby made for a variation from the requirements
ricc e.
of Section j ,d / of the Zoning Ordinance.
Premises affected are situated on the North �'"`� South�_East—West-
side
ast Westside of .24 e Street; feet distant from the corner of
Street and known as NUMBER . Street.
Description of (Proposed) (Existing) Building
1. Size of building: ' feet front: feet deep.
Height:= stories: / feet.
2. Occupancy or Use: (of each floor) &,f A deo i lli'-
3. Zoning District: 111 L UkrkIR 4. Date of erection: AX A 4 i2f) � e0jfi 4Z.&
5. Type of Construction: (check one) 1-11—III
6. Has there been arevious a /
p appeal, under zoning, on these premises: � 0
7. Description of proposed work or use: A` �e C w 1 r? a f r o fie e,
e SPC: C ocl H Cc le.
13
The principal points upon which I base my application are as follows:.
I agree to pay for advertising in newspaper and incidental expenses.
Signature of respo gi applicant
J7.ORPOR4r
D:0 - AraiL7M
V 1855
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice: This application must be typewritten; filed: in duplicate; and accompanied by
a plan of the affected premises, a copy of the refusal by the Building Inspector
or other authority.
Applicant:
APPLICATION FOR VARIATION FROM THE REQUIREMENTS
OF THE ZONING ORDINANCE
Address:
TO THE BOARD OF APPEALS: Application is hereby made for a variation from the requirements
of Section Paragraph of the Zoning Ordinance.
Premises affected are situated on the North -South -East West
side of Street; feet distant from the corner of--
Street
f_Street and known as NUMBER Street.
Description of (Proposed) (Existing) Building
1. Size of building: feet front: feet deep.
Height:- stories : feet.
2. Occupancy or Use: (of each floor)
3. Zoning District: 4. Date of erection:
5. Type of Construction: (check one) I II III
6. Has there been a previous appeal, under zoning, on these premises -
7. Description of proposed work or use:
8. The principal points upon which I base my application are as follows:
I agree to pay for advertising in newspaper and incidental expenses.
Signature of resp ibl applicant