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HomeMy WebLinkAboutMiscellaneous - 257 CHESTNUT STREET 4/30/2018o 4 �ID�� JDSc''Jhne Lo I�vw1]sr O "Odl.s © 4911 Awn DftMm doe or 7- -0 T �u ���r.07 q- 1� )-,3 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. �3?(�•��' -*�� oma\ w � ZONING BOARD OF APPEALS (ommunity Development Division Notice of Decision Year 2006 REtrf*LIMe Stamp TWIN C-ERK S OFFICE 20x6 AUG -3 PM 2: 55 TO!'f"r1 OF NORTH ANDOVER, MASS ACHU"— 40A, §17 Pro at: 257 Chestnut Street NAME: Jose & Josephine Lopez HEARING(S): May 10 & July 18, 2006 ADDRESS: 257 Chestnut Street PETITION: 2006-017 North Andover, MA 01845 TYPING DATE: July 28, 2005 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, July 18, 2006 at 7:30 PM in the Senior Center, 120R Main Street, North Andover, Massachusetts upon the application of Jose & Josephine Lopez, 257 Chestnut Street (Map 60 Parcel 39), North Andover requesting a dimensional Variance from Section 7, Paragraph 7.2.2, Frontage Exception, and Table 2 of the Zoning Bylaw for relief from the requirements for street frontage on proposed Lot A in order to subdivide the parcel into 2 lots. Said premises affected is property with frontage on the Southwest side of Chestnut Street within the R-3 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on April 24 & May 1, 2006. The hearing was opened by the reading of the legal notice and continued to July 18, 2006. The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. The following non-voting members were present: Joseph D. LaGrasse and Richard M. Vaillancourt. Upon a motion by Richard J. Byers and 2°d by Thomas D. Ippolito, the Board voted to grant the dimensional Variance from Section 7, Paragraph 7.2.2, Frontage Exception, and Table 2 of the Zoning Bylaw for relief from the requirements for street frontage on proposed Lot A in order to subdivide the parcel into 2 lots per Plan of Land Location, 257 Chestnut Street by Frank S. Giles II. Voting in favor: Albert P. Manzi, III and Thomas D. Ippolito. Voting to deny: Ellen P. McIntyre, Richard J. Byers, and Daniel S. Braese. The Board finds that the petition failed to reach the required super majority of 4 out of 5 votes. Town of North Andover Bogd of Appeals, Elt"en P. McIntyre, Chairman Decision2006-017. M60P39. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com Town of North Andover Town Qe* Time Stamp Office of the Zoning Board of Appeals `CEIVED �g Community Development and Services � i. c OFFICE 400 Osgood Street North Andover, Massachusetts 01M6 APR ) 9 PM 4:17 Gerald A. Brown Telephone (978) 688-9541 Inspector of Buildings Fax (978) 688-9542 T OW N OF NORTH ANDD P MASSAGHUSF. i"4 Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Wednesday the 10th of May, 2006 at 7:30 PM to all parties interested in the application of Jose & Josephine Lopez, 257 Chestnut Street (Map 60 Parcel 39), North Andover requesting a dimensional Variance from Section 7, Paragraph 7.2.2, Frontage Exception, and Table 2 of the Zoning Bylaw for relief from the requirements for street frontage on proposed Lot A in order to subdivide the parcel into 2 lots. Said premises affected is property with frontage on the Southwest side of Chestnut Street within the R-3 zoning district. Plans are available for review at the office of the Board of Appeals office, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle -Tribune on April 24 & May 1, 2006. Legalnotice 2006-017. M60P39. o M 3 no ;Z r -m Z nD n"M MM oaT�cn�o 0 o rn� 'm o� o -"N= gym m �mrc-� 0 3�D�o"o o Dm r �U �o D��� ��, .��'.may°c^ ;, •�iNv05c—mmw-m'-w<CL,0 -Do7Z ° ?a+0wN°a O�� �7oyfDfC�?Z m�vN v1aSNU'pGoc»m OZoN AmO m-pfNo�ma�°m�m � �w �NNm�0m�0=s7p�r ,3y�Nu> o3 am ZZa Z FFm0 'm°c�53m �m nm DO Sjm°p=° °'mva) 0 02. (Do a° Zm7Tvrmnr=4om3amma�ommm<'°�a�JD wm acmm �a�5maw.3���m°3aZ�=mroas. nA1°smm.c (— Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978.688-9540 Planning 978-688-9535 No.: 1 r 7 r 0-13 Y)� Date i TOWN OF NORTH ANDOVER BUILDING DEPARTMENT Building/Frame Permit Fee $ Foundation Permit Fee Other Per dee j ;.Llir. r� $ j C� I • � f -- �� ori � J t.� .a , -\ ZBA 16ate TOWN OF NORTH ANDOVER RECEIPT This certifies that - Tv�°,.- ..... .......................................... has paid ........ ..... �rjv(. for .... ... lof ... ...... Received by/ , 'K, ................................................... Department........ ;?- ............................................................. WHITE: Applicant CANARY: Department PINK Treasurer 601- n o- y3w o l � q�u#ens 5 3c6 June 16, 2006 Town of North Andover Board of Appeals 1600 Osgood Street North Andover, MA 01845 HinckleyL%HenSnyderLLP ATTORNEYS AT LAW 28 State Street Boston, MA 02109-1775 TEL: 617.345.9000 FAX: 617.345.9020 www.haslaw.com RE: Application of Jose and Josephine Lopez, 257 Chestnut Street (Map 66, Parcel 31), North Andover — Requesting a Dimensional Variance from Section 7, Paragraph 7.2.2, Frontage Exception Dear Board Members: This office is counsel to the Giuffrida Family, owners of property at 254 Chestnut Street, North Andover, Massachusetts. The purpose of this letter is to inform the Board Members of the Guiffrida's strong objection to the referenced application. It is our understanding that there have been several continuances of the variance request which have been unilaterally granted by the Board, despite a substantial attendance by concerned abutters. In addition, it is my understanding that this variance request was denied by vote of the Board February 14, 2006. The Board subsequently failed to file the denial and allowed the applicant to withdraw the Application thereby protecting the applicant from the two year probation of refilling a denied application. This Application for a frontage exception request variance requires substantial hardship. There has been no arguments to satisfy this statutory requirement. The property in question is in violation of existing laws with respect to improvements located thereon and the Town has failed to correct the violations — there are two homes on the one lot. Having spent ten years on the Planning Board (eight years as Chairman), I have seen numerous applications before Town Boards that are not based on anything substantive, but rather are submitted for convenience and are evaluated and addressed politically. It is hard to believe that our Town still has to contend with applications that appear to be totally without merit. I would urge the Board to dismiss this application without further delay. Ver ly yours, Paul A. Hedstrom PAH/pas J�c Town Manager 0 D Town Counsel JUN 19 2006 1500 Fleet Center, Providence, RI 02903-2393 TEL: 401.274.2000 FAX: 401.277.9600 BOARD OF AP02Aft 43 North Main Street, Concord, NH 03301-4934 TEL: 603.225.4334 FAX: 603.224.8350 Telephone: 978. 74 1 .3400 Facsimile: 978.741 .4423 Town of North Andover Board of Appeals 1600 Osgood Street North Andover, MA 01845 LAW OFFICE OF GEORGE H. WHITE 16 Front Street, Suite 200 Salem, MA 01970 Email: R,hw@Yottrl,2toa.I.Advocate.com Website: www. You rLegalAdvocate. com June 8, 2006 RE: Application of Jose and Josephine Lopez, 257 Chestnut Street (Map 66, Parcel 31), North Andover - - Requesting a Dimensional Variance from Section 7, Paragraph 7.2.2, Frontage Exception Dear Board Members: I am writing this letter on behalf of Mr. Thomas Finocchiaro, who resides at 275 Chestnut Street, and directly abuts the applicant's property. He and his wife June have lived in their single family home for the past twenty years. The purpose of this letter is to provide the Board Members with an initial overview and summary of the reasons Mr. Finocchiaro is in opposition to applicant's variance request for a 25 foot Frontage Exception as described in Section 7, Paragraph 7.2.2 of the North Andover Zoning By -Laws: a[ C EE (� i�i JUN 0 2006 1 BOARD OF APPEALS 1. No compelling argument presented for a "Substantial Hardship" if the variance request is denied by the Board. Comments: The key standards for the Board to review when evaluating the appropriateness of a variance request are contained in Section 10 Administration, Subsection 10.4 Variances and Appeals and provides that the Board shall have the power to grant variances "where the Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of this Bylaw will involve substantial hardship, financial or otherwise to the petitioner or applicant...". Mr. Finocchiaro and the other 1 abutters and neighbors who are in opposition to the Board granting the requested Frontage Exception Variance contend that the applicant has not presented any compelling arguments to support the existence of a "substantial hardship" should the Board deny the Variance Request. 2. When the Lopez and Finocchiaro lots were originally created from a larger tract of land owned by Margaret Clark Howe on December 3, 1951 both lots were conveyed with a restriction stating that "No building shall be erected save a single family residence..." Comments: In fact there were four (4) lots created when the Howe Tract was subdivided by Decree of the Land Court on December 3, 1951 and all of the lots originally had similar restrictions. Mr. Finocchiaro deed still has the restriction limiting the building on his lot to one (1) single-family residence. Clearly it was the intent of the parties when these lots were originally created that only one (1) single-family residence should occupy each lot. 3. Proposed configuration of Lot A would create a "Pork Chop" Lot that would not be harmonious with both abutting and neighborhood properties along Chestnut Street. Comments: The applicant has already built a second home on the parcel with the understanding that the original home on the lot will be removed. Access to this newly constructed home is being provided by an extremely narrow driveway that appears to be 11' — 12' wide according to applicants most recent Plan (dated Aug. 29, 2005, revised April 9, 2006) submitted for Board review. The lack of appropriate driveway width presents a potential public safety issue for access of emergency vehicles if needed in the future to protect the occupants of the new residence. In addition, the proposed creation of two lots in this area of Chestnut Street would be a significant departure from what currently exists in the immediate area. All of the lots on the same side of Chestnut Street as the applicant have only a single residence, at least 150' frontage and are deep lots. Mr. Finocchiaro and other neighbors in opposition to the applicant's request believe that allowing a second home to be built on applicants existing lot would be detrimental to real estate values in the neighborhood and the increased housing density would negatively impact the residents in the immediate area. 2 4. Quality of life and preservation of neighborhood character. Comments: Mr. Finocchiaro and his neighbors who are in opposition to applicants request for the Frontage Exception variance moved to and enjoy the amenities of the Chestnut Street neighborhood for a variety of reasons. It is a relatively quiet street in the R-3 Zone with homes for the most part set back from the street with an abundance of privacy and space to enjoy life. One of the key reasons most of the current residents purchased homes along Chestnut Street was for its unique charm. If the Board granted applicant's variance request in this matter we believe there would be a significant negative impact to the quality of life and character of this neighborhood. 5. Current application and plans submitted for variance appear to be substantially the same as earlier application which was withdrawn without prejudice at the February 14, 2006 Board of Appeals meeting. Comments: Upon initial observation of the applicant's "Plan of Land" submitted along with the current application there appear to be no substantial modifications or changes to the earlier application which, in fact, was denied originally by a vote of the Board during the February 14, 2006 and then later during the same meeting the applicant was allowed to withdraw the application without prejudice. Since there have been no substantial modification or changes to the earlier variance request, Mr. Finocchiaro contends that the Board should likewise deny this application for a frontage exception variance. In addition, Mr. Finocchiaro and other neighbors who are in opposition to applicants variance request do not fully understand how the applicants initial application for a frontage exception was allowed to be withdrawn without prejudice on February 14, 2006 when earlier during that same meeting the Board voted not to grant the variance. Mr. Finocchiaro and the other neighbors who were in opposition left the February 14, 2006 meeting with the understanding that the applicants variance request had been denied by the Board. In fact, later during that same meeting the applicant's attorney returned to the meeting and asked the Board for reconsideration of the earlier vote and it was granted leaving the applicant with the option of withdrawing the application without prejudice. Mr. Finocchiaro and the other neighbors who are in opposition to applicants variance would like the Board to briefly explain how and why the applicant was given an opportunity to withdraw the application at the February 14, 2006 meeting after the Board had already voted to deny the frontage exception variance and why they were not notified N of such a significant change in the Boards vote until the first week in May 2006. 6. Inappropriate "pressure" on Mr. Finocchiaro to withdraw his opposition to the applicant's request for a frontage exception variance before the Board. Comments: Mr. Finocchiaro was approached in early February 2006 unexpectedly at his place of business by Jose Lopez' father-in-law and a Lawrence Councilman requesting that Mr. Finocchiaro discontinue his opposition to the frontage exception variance and that he not attend the next Board meeting. Mr. Finocchairo was offended by this visit and felt that it was inappropriate behavior for a close family member of the applicant and a local politician to personally try to persuade him not to oppose the variance request. For the reasons stated above we respectfully urge the Board to deny applicant's variance request for a frontage exception and reserve the right to provide additional testimony during this and any subsequent public hearing on this matter. In addition, Mr. Finocchiaro is requesting that the applicant or representative respond to several questions he has regarding the currently submitted application and Plan of Land: 1. Is the width of the utility easement on the right side of the property 25' as presented in the original plan or 30' as currently provided in the revised plan? 2. What is the actual frontage in feet being requested for the proposed Lot A? The notations (12', 11' and 1') appear on the revised plan and do not add up to 25'. Please explain this discrepancy. 3. Where would the footprint of any future single-family residence be located on the proposed Lot B (Revised Plan)? If you have any questions, please feel free to contact me directly. Thank you. Si rely, eorge . White Counselor at Law Enclosure: List of Neighbors in Opposition 4 The following North Andover residents are LVOT in favor of having the North Andover Zoning Board allow the subdivision of the single family residential lot at 257 Chestnut Street developed by Jose and Josephine Lopez. This property should remain a single family lot. IGNATURE PRINT NAME DATE �., LAOWE 6QY LC*; x'12- S-13-2006 Z £sem C HFS`r u,l U T- s.T Iva, A ft�ov C -q_ eR' �� ✓l�S �-a-� -- 0-f S 7'_ I JUN 3 2006 �I BOARD OF APPEALS Town of North Andover Town Planner Office of the Planning Department P (978) 688-9535 Lincoln J. Daley 400 Osgood Street F 978 688-9542 North Andover, Massachusetts 01845 M -E -M -O -R A -N -D -U -M TO: Zoning Board of Appeals FROM: Lincoln Daley, Town Plann \. CC: Curt Bellavance, Community Development Director RE: 257 Chestnut Street, Map 60 Parcel 39 DATE: February 13, 2006 The Zoning Board of Appeals is seeking an opinion of the Planning Department's role and any discussions with Mr. Lopez involving the application for 257 Chestnut Street currently in front of the Board. As explained by the Zoning Administrative Assistant, Michel Glennon, it is my understanding that Mr. Lopez and his legal representation, Attorney Scalise made several references suggesting that I instructed Mr. Lopez to subdivide the lots as presented and that the plans were endorsed by the Planning Department. The Planning Department, similar to other departments with Community Development Division, offers technical and regulatory information/guidance for residents, property owners, and developers. Our role is to guide these individuals through the municipal regulatory/permitting process and provide them with sufficient information to make informed decisions. Our role is purely advisory and often involves discussing what options or alternatives are available as permitted by the Bylaw and Town Regulations. Land Use Boards have the ultimate authority in determining whether a project/proposal is permitted. Mr. Lopez visited our offices on several occasions seeking assistance. During the initial dialogs, the former building inspector, Mike McGuire and I met with Mr. Lopez to discuss potential options for his property as permitted under the Town Bylaw and Town Regulations. After the departure of Mr. McGuire, Mr. Lopez and I met on a few occasions to continue the discussions. The application before the Zoning Board of Appeals has not been submitted for a formal review to this Department and/or has not received Planning Board approval. This Department did not make any claims supporting the plans or encouraged Mr. Lopez to go forward with the design currently in front of the Zoning Board of Appeals. My role in the project was purely advisory and involved providing Mr. Lopez with the necessary information needed to make an informed decision and guide him through the permitting process. My preliminary review a "draft plan" was based on Town Bylaw and Subdivision Regulations. Throughout the process, Mr. Lopez was made aware that our role was purely advisory and that Zoning Board of Appeals and Planning Board would be the granting authorities. 4If�yo reqriadditional information, please do not hesitate to contact me. ,V � �ii,rB 1 4 2006 BOARD QP APPEALS Town of North Andover ZONING BOARD OF APPEALS June 14, 2006 Mr. Jose Lopez 257 Chestnut Street North Andover, Massachusetts 01845 Notice Dear Mr. Lopez: Due to your failure to appear, the Zoning Board of Appeals continued your application to the July I e meeting during the June 13, 2006 meeting, conditioned upon your execution of the Waive Time form within five business days from the June 13, 2006, meeting. Failure to execute the time waiver form within the conditioned time and to appear or send written notice of your intent with respect to your application by the next meeting may result in a denial of your application with prejudice. Please contact the Zoning office with respect to this matter. Time is of the essence. Very truly yours, Albert P. Manzi III Vice -Chair (Acting Chair) APM:mg encl. cc: Ellen P. McIntyre, Chair Gerald A. Brown, Inspector of Buildings / Zoning Enforcement Officer Community Development Division, 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com ZONING BOARD OF APPEALS Community Development Division Town Clerk Time Stamp RECEIVED T0WIN CLFRK'S OF FICr 1006 JUN 14 AM 10: 13 TOWN N CF NORTH ANDG`Y- � , MASSACHUS',-- Datej 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 Varian pecial Permit Comprehensive Permit (4013) Finding for property located at: STREET: ctie6+„Ht 61V MAP: 60 PARCEL: TOWN: lN'yly Q✓ TO MEETING DATE(S): V� NAME OF Signed: 0 � C z 9 Y T JUN 13 2006 1600 Osgood Street, North Andover, Massachusetts 01845 BOARD OF AP°EA.s Phone 978.688.9541 Fox 978.688.9542 Web wwwjownofnorthandover.com Town of North Andover ZONING BOARD OF APPEALS June 14, 2006 W. Jose Lopez 257 Chestnut Street North Andover, Massachusetts 01845 Notice Dear Mr. Lopez: Due toZour failure to appear, the Zoning Board of Appeals continued your application to the July 18 meeting during the June 13, 2006 meeting, conditioned upon your execution of the Waive Time form within five business days from the June 13, 2006, meeting. Failure to execute the time waiver form within the conditioned time and to appear or send written notice of your intent with respect to your application by the next meeting may result in a denial of your application with prejudice. Please contact the Zoning office with respect to this matter. Time is of the essence. Very truly yours, HI� Albert P. Manzi III Vice -Chair (Acting Chair) APM:mg encl. cc: Ellen P. McIntyre, Chair Gerald A. Brown, Inspector of Buildings / Zoning Enforcement Officer Community Development Division, 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com FA Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 �� tt�,ao �•y�~C r y�;i a • �a `T �•�� iK�lr�w[� �1/ ZONING BOARD OF APPEALS Community Development Division 0 Town Clerk Time Stamp RECEIVED TOWN CLERK'S OFFICE 2006 JUN 14 AM 10: 13 TO OF NORTH ANDD-Vc MASSACHUSZMTr Date 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 Varian pecial Permit Comprehensive Permit (40B) Finding for property located at: STREET: '�- J MAP: 60 PARCEL: TOWN: - TO MEETING DATE(S): cl NAME OF Signed: JUN 13 2006 1600 Osgood Street, North Andover, Massachusetts 01845 BOARD OF APPEA1 S Phone 978.688.9541 Fox 978.688.9542 Web www.townofnorthandover.com Page 1 of 2 Glennon, Michel From: Atty. Albert P. Manzi III [attymanzi@manzilaw.net] Sent: Wednesday, June 14, 2006 2:42 PM To: Glennon, Michel Subject: RE: letter OK - Please prepare the letter anyway ...just check the Months because I said July rather then June in some parts ... But we are going to send it regardless... Thanks in advance for all your hard work ... I know its not easy. Al "Glennon, Afichel"<mglennon@townofnorthandover.conv wrote: He came in this morning; he thought the meeting was tonight. He filled out the waive time and it's been time -stamped. Mich. -----Original Message ----- From: Atty. Albert P. Manzi III [mailto:attymanzi@manzilaw.net] Sent: Wednesday, lune 14, 2006 1:42 PM To: Glennon, Michel Subject: letter Is the letter ready? It should go out today ... rm in the office if you have questions. 978- 681-6618 Al Attorney Albert P. Manzi III 24 Main Street North Andover, Massachusetts 01845 Tel. 978-681-6618 Fax. 978-681-6628 website: www.manzilaw.net Confidentiality Notice. The information andlor documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited If you receive this email in error, please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. 6/14/2006 Page 2 of 2 Attorney Albert P. Manzi III 24 Main Street North Andover, Massachusetts 01845 Tel. 978-681-6618 Fax. 978-681-6628 website: www.manzilaw.net Confidentiality Notice. The information andlor documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited If you receive this email in error, please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. 6/14/2006 -oh p pan oqf ei 6 �i, S JD P 7 C�o5) o b-017 c,m-e, A )dreyy U61 BOARD OF APPS a y CIPS �, v—/ 577- a 6,,U -Nr ods L( U l e S tv p�GcC�Od� JUN " `, �, 2106 BOARD Or APPEALS ?o�,CRT" Town of North Andover Town aerk Time Stamp 3 Community Development and Services Division °s RECEIVED Office of the Zoning Board of AppealsTQ;4" r(_ERK'S OFFICE "°''<`' 1600 Osgood Street, Building 20, Suite 2-64 North Andover, Massachusetts 01845 ZOOS MAY 12 AM 10: 24 Gerald A. Brown Telephone (978) 688-9541 n -t F Inspector of Buildings Fax (978) 688-9542 U't .'Or H0RTfi Ate3u0,"r .:. i., Date TO: Town of North Andover Zoning Board of Appeals . 400 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 =Vanancpepedalermit Comprehensive Permit (40B) Finding for property located at: STREET: sir MAP: 6b PARCEL: 3 / TOWN: 0011A Ao,), nv t-. AA TO MEETING DATE(S): NAME OF Signed: NE C E � W E MAY 10 2006 P- s representative) BOARD OF APP5kW%fAppeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 TOWN OF NORTH ANDOVER 'i1(11. F ZONING BOARD OF APPEALS VARIANGFV . 0757P,1, F - F I C Y"' 2006 APR 13 PM 3: 52 NAME: TO ADDRESS OF APPEAL:NOTM im sump Ui111 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 Deriods prescribed may result in a dismissal by the an application as i The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in page 4, section 10 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's.. office_ to compile a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoninq Board of Appeals secretary. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 400 Osgood Street, North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 Building Department O76813cE,15-T5�{u'1 2 ing Board of Appeals Office 206 ROAT'N,i •.i ,;r-r`c.ALS STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10• RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision, the Mylar, and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. 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 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 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. 0 Q C C 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 application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10. A. Major Projects -1llajor projects are those, which involve one of the following whether existing or proposed: t) five (5) or more parking spaces, >Q) three (3) or more dwelling units, [H) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show detailed utilities, soils, and topographic information. VARIANCE '10. B. *Plan Specifications: 0 Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1 "=40' IT) One (1) Mylar. EM Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. '10 C. "Features To Be Indicated On Plan: 0 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 8. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. ED Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 8. Names addresses and phone numbers of the applicant, owner or record, and designer of surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisk ('). In some cases further information may be required. 11. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1780-4841" for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first Gass postage stamps (currently 37¢) x the # of parties of interest on the abutter's list for the decision mailing. 11. S. 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. See 2005 Revised Fee Schedule. ► A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted. t PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E Please complete atl itlbnls t°• 1d lfelotlW , 1. Petitioner: *Name, *Address and telephone number: JOSE 1^ooez and '`a e O h i n e a z_ hUt�ba►nj y ►1� I<'e� X57 C°. he5-irui `Yrt^ee'I'► N�r+-t� Qvr(ay� r, t�1 Q OI � �f 6 *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: �o�er�h►'ne L.a,�ez_. C) 5 r7 01 h -r. Years Owned Land: 3. Location of Property: a. Street_r' r' 7 C.h e 4-nLcj, rye'!' Zoning District: '2-3 b. Assessors: Map number: lob Lot Number: 11 9 c. Registry of Deeds: Book Number: Ii _b 5 Page Number: I i_o_� 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. -Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: c,1.e r eco (- L T o r,, i-1, 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 dw request by the applicant and will not Involve additional items not Included above. 6 A. Difference from Zoning Bylaw requirements: indicate the dimensions) 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 B. 61 _ % 6 K 6 K 6.11<� 0 6! K o K Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking MinrF�tbaslF Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear r' 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear Loi A 7q,5oo - - -- a5b,` A2gg ' _- 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 C 51 110 D —. — 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units" 000 gOU S hole_ r-ounilu I�eSi�len-ri�l DLOettJn�_ "Reference Uses from the Zoning Bylaw & Table 1. `*State number of units in building(s). 7B. Proposed Building(s):'/Vo Pr -o P65,ed (�u►1d• a -r ''�" �` me Ground Floor Number of Height Total Use Number Square feet Floors Sq. feet Building* of Units*" J i ng t w Earns lit *Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. n Zoning Bylaw Denial �Ir Town Of North Andover Building Department ' 400 Osgood St. North Andover, MA. 01845 Phone 9784U4W Fax 97g4U4542 i-- Street: _� .`� '/ L he 5. f. �' T Ma Lot: Access other than Frontage Special Permit Parkina Variance Applicant: Lot Area Variance Z-- Re uest: Continuing Care Retirement Special Permit Independent Elder) Hou, Special Permit Date: Large Estate Condo Special Permit Planned Development District Special Permit Earth Removal Special Permit ZSA special Permit Use not Listed but Similar Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: M91119{1Y fut UM MMVWj Is wMI.wau uawTV. Item Special Permits Planning Board item 4 Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parkina Variance Frontage Exception Lot Special Permit Lot Area Variance Common Ddvwmy Special Permit Congregate Housing Special Permit Height Variance Variance 0 am Continuing Care Retirement Special Permit Independent Elder) Hou, Special Permit Zoning Board Special prin S a Piv-Currtorr��in Usc_Z:�.'-; Large Estate Condo Special Permit Planned Development District Special Permit Earth Removal Special Permit ZSA special Permit Use not Listed but Similar Planned Residential Special Permit R-6 Density Special Permit special Permit for Sign SDecial Permit preexisting nonconforming Watershed Special Permit The above review and attached w0anabon of such is based on the pians and infarrfmbw submeed. No definitive review and or advice shall be bed on verbal egWsbom by the apple I nor shat such vwW sgbrrtiorw by the appNcw* serve to provide def hive a mmm to ttr above reeeorn for DENIAL. Any mcuncM, rrrd NWV inrarmabon, or other subsequent cFwxtes to the i dormadon slrbeilted by Un appicMd Mail be grourxls for this review to be vaded at the discretion d the Budding Depertrnu t. The MtM%W dootarwrt tjW .pian Review Na @bW shai be aW chsd hereto and incorporated herein by refererm. The but v dspertmant wii Mond plans and domm-errtation for the above Ills. You nwM fib a now building building appicabon form and begin the parmtbV process. Building Department Official Signature /G j� C Applicaiion Received Appl tion Denied -q Plan Review Narmdve The following narrative is provided to further explain the reasons for denial for the application) permit for the property indicated on the reverse side: mm Refuence ------------ Police A? le- Conservation ' -riot- Ad�)eq (5 Y � Planning Historical Commission BUILDING DEPT 7L at, 4 —Ft,a.v.-L> d S Referred To: Fire Health Police '>,C Zoning Board Conservation Department d Public Works Y � Planning Historical Commission BUILDING DEPT MEMORANDUM APPLICANT: Josephine Lopez and Jose Lopez 257 Chestnut Street North Andover, MA 01845 (978)681-0655 PROPERTY: 257 Chestnut Street North Andover, MA 01845 The Applicant, Josephine Lopez purchased the residential property located at 257 Chestnut Street, North Andover, MA on October 22, 2002. The lot contains 104,500 square feet of land and the Applicants have constructed their fdmily residence on the approximate middle area of the lot. The Lopez lot contains adequate area to create a separate Form A Lot of 25,000 square feet with frontage of 125 feet along Chestnut Street (Lot B as shown on Applicant's plan), as well as a second lot of 79,500 square feet (Lot A as shown on Applicant's plan). However, the required street frontage pursuant to the North Andover Zoning By Law, Section 7, Sub -section 7.2.2 is 50 feet and the Applicant has 25 feet of frontage. The Applicant is requesting a variance of 25 feet in order to create a separate Form A Lot (Lot B) along Chestnut Street. The North Andover Zoning By Law requires that a lot of land in a Residence -3 district contains 25,000 square feet and has a street frontage of 125 feet. Section 7.2.2 - Frontage Exception, allows a lot to be created with 50 feet of frontage provided that the lot contains three times the required area in the zoning district. The use is in harmony with the general purpose and intent of the Zoning By Law and desirable relief may be granted without substantially derogating from the intent or purpose of the Zoning By Law in co 0 a 0 b 0 Z d u c w �c v V) N OW BK 7209 Pkv 163 D E E D We, John M. Carey and Patricia L. Carey, of North Andover, Essex County, Massachusetts for four hundred ninety-nine thousand ($499,000.00) dollars, grant to Josephine Lopez, of 257 Chestnut Street, North Andover, Essex County, Massachusetts with QUITCLAIM COVENANTS the land in North Andover, with the buildings thereon, situated on the westerly side of Chestnut Street, bounded and described as follows: Northeasterly by said Chestnut Street, one hundred fifty (150) feet, more or less; Northwesterly by land -now or formerly of John B. Harriman and Elizabeth W. Harriman as the stonewall stands, six hundred seventy-eight and 11/100 (678.11) feet; Southwesterly by land now or formerly of Margaret Clark Howe et at as the stone wall stands, one hundred fifty (150) feet, more or less; Southeasterly by land now or formerly of Margaret Clark Howe et al, said line being parallel with the northwesterly boundary line and 150 feet southeasterly therefrom a distance of seven hundred (700) feet, more or less. OCT 29'02 A+9:06 Being the same premises conveyed by deed dated November 24, 1975 and recorded at the Essex County Registry of Deeds at Book 1272, Page 437. Please return to James M.- Bowers, Esq. 261 Common Street Lawrence, MA 01840 kJ < G! . W Witness our hands and seals this 1 � * day of October 2002. John M. Carey atricia L. Carey COMMONWEALTH OF MASSACHUSETTS ESSEX, ss BK 7209 Pra 164 October 2002 Then personally appeared the above named and John M. Carey and Patricia L. Carey acknowledge the foregoing instrument to be their free act and deed before me, Notary Pik lic _ My Commission F re : L - j 75� 4'l�} X11 Il Adt&- / HAG9000\9100\G9166\DEED. DOC A's. -- (XIG11 PETITION TO: The Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover, MA 01 845 RE: Jose`and Josephine Lopez 257 Chestnut Street North Andover, MA 01845 Dear Members of the Zoning Board of Appeals: Concerning the above captioned application for a Variance, filed by Jose and Josephine Lopez, husband and wife, for their residence being constructed at 257 Chestnut Street, North Andover, Massachusetts; We the following abutters to the Lopez property are in favor of the Zoning Board of Appeals allowing the Variance as presented: n NAME ADDRESS c2s.19, Oju-jt7 R (Acl f--t- -251 -t-23r CA s i- n• -,S — 2 4 S C—Kg SZv-,u r -S fi ==ZJ3'0,ARu� BK 1272 2. John X. Carey, 43 at North Andover E8sax OxmV, Mamachusetts, WavUlIvnerried, for the NUeeaddamt1aftof less than $100.00 Pad gmat to John M. Carey and Patricia L. Carey, husband and'vife, as joint tenants and not as tenants in common, of 257 Chestnut St. X North Andover, in said County of Essex, with quittlatat (09malft the land in North Andover, with the buildings thereono situated on the westerly side of Chestnut Street, bounded and des- cribed an followas Northeasterly by said Chestnut Street, one hundred fifty (150) feet, more or less, Northwasterly.by land now or formerly of John B. Harriman and Elizabeth W. Harriman as the stone wall stands, six hundred seventy-eight and 11/100 (678.11)-,feett Southwesterly by land now or formerly of Margaret Clark Howe at al as the stone wall stands, one hundred fifty (150) feet, more or least Southeasterly by land now or formerly of Margaret Clark Howe at al,_ said line being parallel with the northwesterly boundary line and 150 feet southeasterly therefrom a distance of seven huadred (700) feet, more or less Being the same premises conveyed to me by�Madeleine E. Carey.and .Marie E. Carey, on June 6, .1952. and recorded with the North Essex District.Registry of Deeds, Book No. 764, Page No. 53. E"Outed as a NNW Iselmniest Twenty -Fourth Novet*er 1975 John M. Carey - Essex, November 24, 1975 71hen penemally qvevedl the above named John M. Carey who awledged the br"Wns inmument to be his 'I Z Other addresses with a similar situation in the area. 110 Sutton Hill Road 50 Sutton Hill Road 52 Sutton Hill Road 182 Hillside Road 318 Salem Street 3 51 Rea Street 357 Rea Street 297 Andover Street 447 Waverly Road 44 Mill Road L _ - C')&Gi,JAI- - PETITION TO: The Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover, MA 01845 RE: Jose`and Josephine Lopez 257 Chestnut Street North Andover, MA 01845 Dear Members of the Zoning Board of Appeals: Concerning the above captioned application for a Variance, filed by Jose and Josephine Lopez, husband and wife, for their residence being constructed at 257 Chestnut Street, North Andover, Massachusetts; We the following abutters to the Lopez property are in favor of the Zoning Board of Appeals allowing the Variance as presented: /', NAME ADDRESS c2s-2— — tlL S �iiO�J� ..�0 }�ChCr� �' 64 sf -i t- C L I s Ll _ T. I �3 4 I 1 rf) =il Ino HU MAY 4 - 2006 U BOARD OF APPFAI S §23. Restrictions or Conditions, etc., on Real Property. _ z[tions or restrictions, unlimited as to time, bX which the title gr Useof real property is affected shall be limited tote term o thirtyyewr�fter the date of the deed or other instrument or the date or the probate of the will creating them, except in cases of gifts or devises for public, charitable or religious purposes. This section shall not apply to conditions or restrictions existing on July sixteenth, eighteen hundred and eighty-seven, to those contained in a deed, grant or gift of the commonwealth, or to those having the benefit of section thirty-two. History - 1887, 418; RL 1902, 134, § 20; 1969, 666, § 1. Editorial Note— The 1969 amendment added the reference to section thirty-two in the second sentence. Total Client -Service Library@ References - 20 Am Jur 2d, Covenants, Conditions, and Restrictions § 180. Annotations— Validity and effect of provision or condition against alienation in gift for charitable trust or to charitable corporation. 100 ALR2d 1208. Children's day-care use as violation of restrictive covenant. 29 ALR4th 730. Texts— Massachusetts Conveyancers' Handbook § 14:2. CASE NOTES 1. In general instrument creating them that the are to 2. Running of thirty-year period run for definite term of years or u_ntithe 3. Construction and enforcement of re- _happening of event certain to occur_ strictions and conditions Flynn v Caplan (1920) 234 Mass 516, 126 NE 776. 1. In general Word "unlimited" as used in this sec- „ Evident purpose of this section is to tion means without confines, unre- terminate restrictions that have been in stricted, boundless. Flynn v Caplan _force thirty years, unless it appears in (1920) 234 Mass 516, 126 NE 776. 324 MAY 4 - 2006 BOARD OF APPEALS } y Word "encumbrance" as used in this 3. Measure of damages section, has reference to something that E { encumbers or burdens legal title, and In estimating damages under this sec- '' statute is not intended to require grantor tion, same principles are applicable as in who can show good title by adverse pos- cases at common law, where incumbrance session to pay grantee or assigns expense has been removed by grantee who sues incurred in making good title of record. on his covenant. Bradshaw v Crosby p It1 �r'ui(iDyer v Scott (1925) 253 Mass 430, 149 (1890) 151 Mass 237, 24 NE 47. IG .' NE 146. §23. Restrictions or Conditions, etc., on Real Property. _ z[tions or restrictions, unlimited as to time, bX which the title gr Useof real property is affected shall be limited tote term o thirtyyewr�fter the date of the deed or other instrument or the date or the probate of the will creating them, except in cases of gifts or devises for public, charitable or religious purposes. This section shall not apply to conditions or restrictions existing on July sixteenth, eighteen hundred and eighty-seven, to those contained in a deed, grant or gift of the commonwealth, or to those having the benefit of section thirty-two. History - 1887, 418; RL 1902, 134, § 20; 1969, 666, § 1. Editorial Note— The 1969 amendment added the reference to section thirty-two in the second sentence. Total Client -Service Library@ References - 20 Am Jur 2d, Covenants, Conditions, and Restrictions § 180. Annotations— Validity and effect of provision or condition against alienation in gift for charitable trust or to charitable corporation. 100 ALR2d 1208. Children's day-care use as violation of restrictive covenant. 29 ALR4th 730. Texts— Massachusetts Conveyancers' Handbook § 14:2. CASE NOTES 1. In general instrument creating them that the are to 2. Running of thirty-year period run for definite term of years or u_ntithe 3. Construction and enforcement of re- _happening of event certain to occur_ strictions and conditions Flynn v Caplan (1920) 234 Mass 516, 126 NE 776. 1. In general Word "unlimited" as used in this sec- „ Evident purpose of this section is to tion means without confines, unre- terminate restrictions that have been in stricted, boundless. Flynn v Caplan _force thirty years, unless it appears in (1920) 234 Mass 516, 126 NE 776. 324 MAY 4 - 2006 BOARD OF APPEALS § 23 PROVISIONS RELATIVE TO REAL PROPERTY C. 184 Section sets up "thirty year rule" for existence of conditions or restrictions on lands, i. e., that such conditions unlimited as to time will expire after 30 years with certain exceptions. Boston Waterfront Development Corp, v Commonwealth (1979) 378 Mass 629, 393 NE2d 356. 2. Running of thirty-year period Date of registration of deed is one from which period of thirty years runs. Snow v Van Dam (1935) 291 Mass 477, 197 NE 224. Limitation provided by this section will not terminate restriction until end of 30 years from date of deed wherein it is cre- ated. Baker v Seneca (1953) 329 Mass 736, 110 NE2d 325. 3. Construction and enforcement of re- strictions and conditions Provision in deed conveying lot in resi- dential district which imposes certain height and other restrictions on house to be built thereon applies only to original structure and does not constitute ease- ment for benefit of adjoining owners. Boston Baptist Social Union v Trustees of Boston University (1903) 183 Mass 202, 66 NE 714. Restriction contained in deeds to six adjoining lots which require houses built on each lot be set back uniformly from street applies only to first structures erected, and are inapplicable to buildings subsequently erected. American Unitar- ian Ass'n v Minot (1904) 185 Mass 589, 71 NE 551. Where there has been no uniform ob- servation of restrictions, and substantially all landowners have so conducted them- selves as to indicate abandonment of right, which is in nature of an easement, to have neighborhood kept to standard established by original plan, and where enforcement of restriction against one property owner will not tend materially to restore to district character impressed upon it by scheme, and infraction com- plained of does not diminish value of other estates, then it would be inequita- ble and oppressive to compel at great loss compliance with restrictions. Loud v Pen- dergast (1910) 206 Mass 122, 92 NE 40. laintiff has violated Wherever p Y re- 4, ,)4t;�;a1 striction he seeks to enforce to substan- fl* tially same extent and in same general )' it way as has defendant, and there is no ma- Il terial difference in kind or degree be- tween them, court of equity will not ordi- narily interfere. Loud v Pendergast (1910) 206 Mass 122, 92 NE 40. sill 1 Provisions in deed of one of several lots I of land all included in parcel owned by one person, which impose upon land con- fl, veyed, for benefit of grantor and of those�1 from time to time owning other lots in 4+y parcel, restrictions as to character of buildings to be placed thereon, must be fihr�Y�li1 interpreted in light of circumstances as xl°" they exist when deed is made. Riverbank�Ris1 Improv. Co. v Bancroft (1911) 209 Mass ;: i,1W p)t 1'�l41i }!} 217, 95 NE 216. "following 11t'�ti Where subject to restric- tions" land is conveyed; then follows re- strictions for 20 years; next, other land is ;;°1y k'h,lz 4 mentioned with statement that it is con- f��?l�)f• veyed subject to the same restrictions; then follows additional restriction, with- out mention of particular period of dura- tion, upon this latter land; words "follow- ing restrictions" include additional restrictions which are therefore for a:'4;tp• twenty years, and not controlled by this section. Hill v Levine (1925) 252 Mass"a+ I"'I 513, 147 NE 837. Purchaser at tax sale subject only to all s�fpp,�'1} easements and restrictions lawfully exist- ji , NY ing, acquires "new and unrestricted" title to property "independent of all encum- 47,' brances and paramount to all existing tlir interests," and his title is not burdened with certain conditions referred to in ear- lier deed where document setting forth conditions has never been placed of rec- ord. Ryder v Garden Estates, Inc. (1952) 329 Mass 10, 105 NE2d 854. Restriction not to build on land re- tained by grantor is "negative easement" and expires by lapse of time after 30 years. Myers v Satin (1982) 13 Mass App 127, 431 NE2d 233, later proceeding (1984) 18 Mass App 467, 467 NE2d 475, review den (1984) 393 Mass 1102, 469 NE2d 830. : s„ 325 Other addresses with a similar situation in the area. 110 Sutton Hill Road 50 Sutton Hill Road 52 Sutton Hill Road 182 Hillside Road 318 Salem Street 3 51 Rea Street 357 Rea Street 297 Andover Street 447 Waverly Road 44 Mill Road Abutter to Abutter ( x ) Building Dept. ( ) Conservation ( ) Zoning ( Town of North Andover Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name 60 39 Josephine Lopez Address 257 Chestnut Street North Andover, MA 01845 Abutters Properties MAP PARCEL Name Address 60 10 Peter Gabriel v�f45 Sutton Hill Road 60 13 , Fred Sammartino 1 v231 Chestnut Street 60PO4- 90 6445vY% Maria Giuffridayt- tt rwe �'tj) -245 Chestnut Street 60 91 Patricia Jason \452 Chestnut Street 60 100 Lazarus Pahigian V252 Sutton Hill Road 60 101 Bryan Foulds X74 Chestnut Street 60 102 Salvatore Loguidice tj250 Chestnut Street 60 115 Manny Shaheen L,1�6 Sutton Place 60 130 Stanley Fung x.,41 Monteiro Way 60 140 Mark Cordes t,223 Chestnut Street 60 141 Thomas Andriola L-245 Chestnut Street 60 142 Pierre Abou-Ezzi tX Monteiro Way 60 143 Mahendra Patel �,<2 Monteiro Way 60 60 144 145 Paul AbourJalin John Carven ,/ Monteiro Way S1 — 48 Monteiro Way 60 146 0141AYM Douglas Keith y -3l" Opp 56 Monteiro Way (_11iA(ne) 98.0 4 Thomas Finocchiaro ) u275 Chestnut Street 98.0 5 Lorraine Brylczyk 285 Chestnut Street 98.0 7 Shirley Howe V,,.,rO Box 254 This certifies that the names appearing on the records of the Assessors Pffice as of -2 Certified by: ate 3 '906 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845„x'—:L'2 North Andover, MA 01845 S —i Q North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 018455-- North 18455_North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 page 1 of 1 098.0-0004 275 CHESTNUT STREET FINOCCHIARO, THOMAS D 09s.C-0007 0 Hn l SIDE ROAD HOWE, SFHIRI RY K SITE X : \$yo tS---------- ZONING DISTRICT R3 MIN. AREA= 25,000 S.F. MIN. FRONTAGE= 125 FT MIN. FRONT SETBACK = 30 FT. MIN. SIDE SETBACK = 20 FT. APPRO y \ UILDING LOCA O 060.0-0141 Locus MORGAN, JOHN A & MARY E MORGAN / 0 MAP 60 i ' PARCEL 39 060.0-0144 REGISTRY OF DEEDS USE ONLY 2.4 AC. 38 MONTEIRO WAY i JONES, RICHARD F THIS IS TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS IN PREPARING THIS PLAN J it FRANK S. GILES, P.L.S. Dot a( N:. APPROVAL UNDER THE SUBDIVISION ' I CONTROL LAW NOT REQUIRED LOT A r NORTH ANDOVER PLANNING BOARD 79,385 s.f. I I, 060.0-0143 32 MONTEIRO WAY PATEL, MAHENDRA R o� I The Planning Board's endorsement of the plan as not 150' requiring approval under the Subdivision Control Law is not a determination as to conformance with the town of Nortth Andover zoning By -Law and regulations. !36` ZONING BOARD OF APPEALS 57.5' 060.0-0142 22 MONTEIRO WAY M ABOU-EZZI, JEAN D CHESTNUT STREET PLAN OF LAND LOCATION s n N 257 CHESTNUT STREET N 1713 NO.ANDOVER, MA. P� F IX 0 DRAWN FOR SAND SU� \ JOSE LOPEZ ZONING DISTRICT R3 MIN. AREA= 25,000 S.F. MIN. FRONTAGE= 125 FT MIN. FRONT SETBACK = 30 FT. MIN. SIDE SETBACK = 20 FT. APPRO AUT .REAR SETBACK = 30 FT. UILDING LOCA O 060.0-0141 245 CHESTNUT STREET MORGAN, JOHN A & MARY E MORGAN / PLAN OF LAND LOCATION s n N 257 CHESTNUT STREET N 1713 NO.ANDOVER, MA. P� F IX 0 DRAWN FOR SAND SU� \ JOSE LOPEZ aJ d r Q�! o 13403 ��� _ O U f, 9 2 G ��e J pORTN Town of North Andover Town aerk Time Stamp 4600 Office of the Zoning Board of Appeals Community Development and Services Division u RECEIVED ^ '•N 400 Osgood Street North Andover, Massachusetts 01845 2005 FEB 28 PM 4: 23 Gerald A. Brown Telephone (978) 688-9541 Inspector of Buildings Fax (978) 688-9542 TO , i 2 0: NORTH a12C'F'�:f? MASSACHU;=,.. Any appeal shall be filed within Notice of Decision (20) days after the date of filing Year 2006 of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, §17 Property at: 257 Chestnut Street NAME: Jose & Josephine Lopez HEARING(S): January 10 & February 16, 2006 ADDRESS: 257 Chestnut Street PETITION: 2005-M North Andover, MA 01845 TYPING DATE: February 17, 2006 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, February 14, 2006 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, Massachusetts upon the application of Jose & Josephine Lopez, 257 Chestnut Street (Map 66, Parcel 31), North Andover requesting a dimensional Variance from Section 7, Paragraph 7.2.2, Frontage Exception, and Table 2 of the Zoning Bylaw for relief from the requirements for street frontage on proposed Lot A m order to subdivide the parcel into 2 lots. Said premises affected is property with frontage on the Southwest side of Chestnut Street within the R-3 zoning district. Legal notices were sent to all names on the abutter's list and were published m the Eagle-Trrblme, a newspaper of general cmulation m the Town of North Andover, on December 26, 2005 & January 2, 2006. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on December 26, 2005 & January 2, 2006. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and David R. Webster. The following non-voting members were present: Thomas D. Ippolito, Richard M. Vaillancourt, and Daniel S. Bmese. Upon a motion by Albert P. Manzi, III and 2nd by Thomas D. Ippolito, the Board voted to GRANT the applicant's request that the Variance petition be WITHDRAWN WITHOUT PREJUDICE. Voting in favor: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, Thomas D. Ippolito, and Daniel S. Braese. Town of North Andover Board of Appeals, P M Ellen P. McIntyre, Chair Decision2005-040, M6M L Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 G� pORT :,y is �Jr�cRUS�� Gerald A. Brown Inspector of Buildings r Town of North Andover Town Clerk Time Stamp Office of the Zoning Board of Appeals Community Development and Services Division RECEIVED 400 Osgood Street T 0 71r ! North Andover, Massachusetts 01845 Telephone (978) 688-9541 Fax (978)688-9542 Legal Notice North Andover, Board of Appeals 2005 DEC 2 7 K14 : 3 7 R � NO MASS f'.r, I ffr; Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 10th of January, 2006 at 7:30 PM to all parties interested in the appeal of Jose & Josephine Lopez, 257 Chestnut Street, North Andover requesting a dimensional Variance from Section 7, Paragraph 7.2.2, Frontage Exception, and Table 2 of the Zoning Bylaw for relief from the requirements for street frontage on proposed Lot A in order to subdivide the parcel into 2 lots. Said premises affected is property with frontage on the Southwest side of Chestnut Street within the R-3 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle -Tribune on December 26, 2005 & January 2, 2006. /.� AW� `c o� o 4m g c .m Dia Wm w �m o Na°a�° 3�o'D m r yi.m o?� cm 'omemo 5{ycnDofit mmw� o> gMZa" r 0� 3� 3 0a .5 d••am ap am 3 o,Nm w —CL> m �� �I~2y y �•p fJ Legalnotice 2005-040.' �; m F H f ° 3' N Z o �. m o m9 m m c v a v w N Ns o�Iw o�om3 Dam. �C"�3Mo ? _�_� ""a M60P39. �o ..0'�4CLI 5m`r;� .�J��gc v,m�lb tny.`�»�� '�imo;sv;aQzz ro� a' co Am Y+ nim �mvG . »� ��n Droo a� v Li o Q e allo m Ngo 9 7 0� -Og O () $ m�.o wtXa �3��.io����`�?:o��v�ZmRlmm_ o��m w a WD o3?i''e�'-@m w.,°.? mor.��� nib oy. N F3 M m�'g=aTUri A Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-953 No.: 0 '112 Date TOWN OF NORTH ANDOVER 41 p BUILDING DEPARTMENT -Ar.o�''� x SSACHUCe SE Building/Frame Permit Fee $ Foundation Permit Fee $ / I 1-J11 Other 4)ermit• Fee 1/` -=, 19 M --1j, *4- a,ikUnq aRspetor r - • � 7 �jj it—'•� ZBA Date ..l..? ..... TOWN OF NORTH ANDOVER RECEIPT This certifies that....'r....... has paid`��:..'..�.t..C,1...�_�r�....f5^. �... for .��}.%.�.c� ✓� .....uaoo.5. �. j;.Q.... Received by .••�f•!l........ ..!�r7%.............. Department ...... 2^....?� ./.................................... WHITE: Applicant CANARY: Department PINK: Treasurer Zoning Board of Appeals North Andover Hearing No.: ZBA-2005-0062 Date: December 15, 2005 APPLICATION TYPE: SUBMISSION DATE: Res. Variance & Split lot Thu Dec 15, 2005 Applicant's Name: NAME: LOPE7, JOSEPHINE T ADDRESS: 257 CHESTNUT STREET ADDRESS: 50 FARNUM STREET STATE: MA TOWN: NORTH ANDOVER STATE: MA ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: BLOCK: Site Information: Owner's Name: NAME: CAREY, JOHN M & PATRICIA L CAREY ADDRESS: 257 CHESTNUT STREET TOWN: NORTH ANDOVER STATE: MA I ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: Work Location.: SITE ZONING: 257 CHESTNUT STREET R-3 TOWN: SECTION OF BYLAW: NORTH ANDOVER, MA 01845 7.22 GIS # MAP: BLOCK: LOT: ACTION TAKEN: 3302 060.0 0039 HEARING TIME: VOTING DEADLINE: Reason for filing: Var. From 7.2.2 ( Frontage Exception) in order to split 257 Chestnut St. Into Lot A, with 25'street frontage and Lot 8 with the R-3 required street frontage of 125. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: FIRST ADVERTISING DATE: HEARING DATE: Tue Jan 10, 2006 VOTING DATE: DECISION DATE: SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: MEMBERS PRESENT: VOTE: MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeoTMS®1998 Des Lauriers & Associates, Inc. 35 L - le �. ss Coe)= CID 1` N M � o - N O d q M 6c W 74% a 0 ` M � o N 196 Ka 1S T l' pp - O w 237' 12 261' 0 V r 143 99 ]19 N v r � - Ol g e W Q m - M a e qry n - NN e a Q ^V q a R 6 � a � m M < n (71 CO ^ It Q n "'1 las• n ' .NO-. pb ryary � jp by fi � U Q � ,f[Z 11T O o qb� ryb" a ^ Q Ile N o - m � 10 Q a `e U 10 R � �p4 h' - N M1bb �4 n 10 U Q m h r Oa7� c Town of North Andover Town Qerk Time Stamp pf .e •,M1 �L Office of the Zoning Board of Appeals Community Development and Services ' cWAIVED,� ,Y'S OFF ICE 400 Osgood Street North A-ndover, MassachusettS 01845 2006 FEB 24 PM 1: 25 Gerald A. Brown, Telephone (978) 688-95=11 Inspector of Buildings Fax (978) 688-9542 T CV41,o t O NORTH ANDC1'i` -R P�ASSACr l+ M I Date 2 //o16 TO: Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover MA 01845 Please be advised that I wish to withdraw my Variance IN ermit Comprehensive Permit (40B) Finding petition without prejudice from the North Andover Zoning Board of Appeals agenda for property located at: STREET: v�.5 MAP: 60 PARCEL: 3 1 TOWN: / �`' i a2c/oLi�t, J X 9 NAME OF PETITI t�s'��n ,�f �� e- /' /1 L . Signed: Petition (or petitioner's representative) Withdraw E C � � W E 0 FEB 14 2006 13ov'd 00ppeals 978- 688-9541 Building 978-688-9545 Cousemition 9 73-(,88-9530 1lealth )71w,88-95-10 Planning 978-(,88-9535 BOARD OF APPEALS Town of North Andover Town Planner Office of the Planning Department p 978 688-9535 400 Osgood Street ( ) Lincoln J. Daley North Andover, Massachusetts 01845 F (978) 688-9542 M -E -M -O -R -A -N -D -U -M TO: Zoning Board of Appeals FROM: Lincoln Daley, Town Plann CC: Curt Bellavance, Community Development Director RE: 257 Chestnut Street, Map 60 Parcel 39 DATE: February 13, 2006 The Zoning Board of Appeals is seeking an opinion of the Planning Department's role and any discussions with Mr. Lopez involving the application for 257 Chestnut Street currently in front of the Board. As explained by the Zoning Administrative Assistant, Michel Glennon, it is my understanding that Mr. Lopez and his legal representation, Attorney Scalise made several references suggesting that I instructed Mr. Lopez to subdivide the lots as presented and that the plans were endorsed by the Planning Department. The Planning Department, similar to other departments with Community Development Division, offers technical and regulatory information/guidance for residents, property owners, and developers. Our role is to guide these individuals through the municipal regulatory/permitting process and provide them with sufficient information to make informed decisions. Our role is purely advisory and often involves discussing what options or alternatives are available as permitted by the Bylaw and Town Regulations. Land Use Boards have the ultimate authority in determining whether a project/proposal is permitted. Mr. Lopez visited our offices on several occasions seeking assistance. During the initial dialogs, the former building inspector, Mike McGuire and I met with Mr. Lopez to discuss potential options for his property as permitted under the Town Bylaw and Town Regulations. After the departure of Mr. McGuire, Mr. Lopez and I met on a few occasions to continue the discussions. The application before the Zoning Board of Appeals has not been submitted for a formal review to this Department and/or has not received Planning Board approval. This Department did not make any claims supporting the plans or encouraged Mr. Lopez to go forward with the design currently in front of the Zoning Board of Appeals. My role in the project was purely advisory and involved providing Mr. Lopez with the necessary information needed to make an informed decision and guide him through the permitting process. My preliminary review a "draft plan" was based on Town Bylaw and Subdivision Regulations. Throughout the process, Mr. Lopez was made aware that our role was purely advisory and that Zoning Board of Appeals and Planning Board would be the granting authorities. D �I�yV Im ire additional information, please do not hesitate to contact me. F EB ], 4 2006 a BOARD Or APPEALS MEMO TO: Lincoln Daley, Town Planner FROM: North Andover Zoning Board of Appeals DATE: February 7, 2005 SUBJECT: 257 Chestnut Street Atty. Domenic J. Scalise, representing Jose & Josephine Lopez during the January 10, 2006 ZBA hearing, referred to a discussion between you and Mr. Lopez regarding the possibility of splitting the parcel, 257 Chestnut Street, Map 60 Parcel 39. The Board would like to obtain your opinion. about the proposed lot split. rmr" IV, Uz M V i � a vi W ,J` ( Q'III1g ' I Xa a CY o kn a as 5do a)� � 00 a ^ O QY S^E' ------------------- ... -----______.... __ _—_ Y.��� 5 c O - O N 7 0 > '" I i O �� 0 M to 0 Z cn .v 4-, V i W ,J` ( Q'III1g ' I Xa Q n ► �+ o kn a 00 ------------------- ... -----______.... __ _—_ v' HP Fax K1220xi Last Transaction Date Time T = Identification Jan 12 9:06am Fax Sent 89787942088 Log for NORTH ANDOVER 9786889542 Jan 12 2006 9:07am Durat on Pales Result 0:47 2 OK Post -It'" brand fax transmittal memo 7671 # of pages ► T f From Co. I Co. Dept. Phone # Fax # ,—; 0 $ q Fax # Town of North Andover Town Clerk Time Stamp o ,..• .140 Community Development and Services Division Office of the Zoning Board of Appeals �, , �• 400 Osgood Street u� North Andover, Litlssti(-husetts 018.10 Gerald A. Brom-n Telephone (978) 688-95.11 Inspector of Buildings Fax (978) 688-9542 Date TO: Town of North Andover Zoning Board of Appeals 400 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 61 ariance Special Permit Comprehensive Permit (40B) Finding for property located at: STREET: C MAP: 60 PARCEL: 3 TOWN: w UCr Stre TO MEETING DATE(S): ��� Yuji fh NAME OF PE Signed: JAN 1 0 2006 BOARD OF APPEXC� I'*.knP"Is 97X -(,RS -9541 Building 978-688-9545 Cnn<<n•atiun 973-4X3-9530 lfealth 973-683 9;40 Phnninc; 978-688-0535 M . -- 00GIIJ/14 - PETITION TO: The Town of North Andover Zoning Board of Appeals 400 Osgood Street North Andover, MA 01845 RE: Jose and Josephine Lopez 257 Chestnut Street North Andover, MA 01845 Dear Members of the Zoning Board of Appeals: Concerning the above captioned application for a Variance, filed by Jose and Josephine Lopez, husband and wife, for their residence being constructed at 257 Chestnut Street, North Andover, Massachusetts; We the following abutters to the Lopez property are in favor of the Zoning Board of Appeals allowing the Variance as presented: n NAME 'ADDRESS -2 claef 15+- '2 6d /t3 S - 6D �qD (I'IIl1g Igl xg EA 0 H00 H k w w o M � � 0 C7 O N II U w ' Alu9d02Id QasOdo dd w1 Q A w wT, T-r- w -------------------—_�— -.---- 110L (I'IIl1g Igl xg EA too rn71G 11�.1 s Jc1rrn SZ INHWgSda �.il-Jain I I I��11 ry) (4-4 II ' 0 H00 H k w w o � o C7 O N II U w ' Alu9d02Id QasOdo dd w1 Q A w T-r- w -------------------—_�— -.---- 110L —� .' T Q w� O �~ o x c) C/) VUU O � � " oNw cab CNJ c== t u a U O N H WwW a a, rx too rn71G 11�.1 s Jc1rrn SZ INHWgSda �.il-Jain I I I��11 ry) (4-4 II ' 0 H00 k w w o � o C7 O N II U o r Alu9d02Id QasOdo dd w1 A w T-r- w -------------------—_�— -.---- 110L —� .' T Alu9d02Id QasOdo dd w1 T-r- -------------------—_�— -.---- 110L —� .' T Q w� O �~ o x c) C/) VUU O � � " oNw cab CNJ c== t u W 00 CN O z Q a a W W "AO -1-a� 011 �o�yNs U f q C) STREET 18 69t 74 23 31 ci cr, 45 175 --co 30 CD 0 < 21 84 68 85 W 33 83 -iLij U) 86 82 67 LEN 81 93 80 87 0 cA 66 7 x 34 m 15 02 88 64 78 r- 14 - CRE") 97 z 89 m 12 16 VOrR 77 41 17 -Y- 13 3594 a90 98 w 97 99 61 oj. 3a 59 92 Z, 74 75 76 see plan 34 2555 ROAD 8.515 45,900 11 27,980 SUTTO - 26.140 36,495 51) S E PLA NO. '60 HELL 82 51 52 3v ur 53"„77 5, 94 73 89 92 93 78 77 78 33,066 25,200 25.003 95 96 79 7cl) 56,091 25,002 25,182 26,39D 25,119 see 3 & 555 0 25,000 78 RD 0108 n 12 25,134 109 107 106 105 13 5 46,400 4 104 24 71 25.140 25,280 25,180 25.850 99 I. PLACE 27,700 7 65 110 4 3 100 37,680 4 112 113 114 115 10 27,300 72 111 p 0.584 AC. 25,050 25,270 25.380 25,000 0.817AC 35,604 Eb 3 67 101 91 90 9 103 133 134 J02 30,850 27,760 181,503 1.50 ac -K: -�, 775nr 25,30=0 lar 80 ac 38,660 28.600 26,250 12 - STRINIT CHESTNUT I 1u 120 A 132 A a c 21 3 140 13 141 14 29,100S.F. tt 25,575S.F. 31,772 S.F. SN 121 113,793 S.F. co 131 25,715 S.F. 12 31,412 36,825 39 0 25,200 S.F. 50,045 z - �,744 S.F. 1 142 22 < I 130 29,399 S.F. (L 143 w 135 MONTEIRO w 29,782 S.F. 4/ U) 25,159 S.F. 10 29 25,424 S.F. 129 149 ;j 17 25,545 S -F. 144 136 30,808 S.F. Cs3 26,801 S.F. 2.377 ac W 25 9 145 128 28,220 S.F- 65,422 60 26 127 28 31,201 S.F. 37,046 S.F. 147 146 25 (a,c) 29,672 S.F. 17 33,477 S.F. SECTION 4 - WORKERS COMPENSATION (M.G.L. C 152 6 25c(6) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Signed affidavit Attached Yes .......❑ No ....... ❑ SECTION 5 Description of Proposed Work check all applicable) New Construction ❑ Existing Building 0 Repair(s) 0 Alterations(s) ❑ Addition ❑ Accessory Bldg. ❑ Demolition 0 Other ❑ Specify Brief Description of Proposed Work: // � �r ti �r,� � �w-� (!� -t �� ��� ✓tom �. < �� SECTION 6 - ESTIMATED CONSTRUCTION COSTS Item Estimated Cost (Dollar) to be Completed by permit applicant OFFICIAL USE ONLY 1. Building - (a) Building Permit Fee Multiplier 2 Electrical ' 5� (b) Estimated Total Cost of Construction 3 Plumbing 3 O /' (�-' Building Permit fee (a) X (b) y( l` / 4 Mechanical (HVAC 1 J 5 Fire Protection (' 6 Total 1+2+3+4+5 Check Number SECTION 7a OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT 1, as Owner/Authorized Agent of subject property ---If Location C>e S No. c ,� + l �� Date of MOWTh TOWN OF NORTH ANDOVER �t.a° '• 1M�0 L 9 Certificate of Occupancy $ } Building/Frame Permit Fee $ JACNUSt Foundation Permit Fee $ Other Permit Fee $ TOTAL $ ' Check # t A Building Inspector 1S BUILDING CONNECTFD TO NATIJRAL CAS LINE � to act on caner/Authorized Agent of subject pd accurate, to the best of my know ledge .✓ TOWN OF NORTH ANDOVER BUILDING DEPARTMENT APPLICATION TO CONSTRUCT REPAIR, RENOVATE, OR DEMOLISH A ONE OR TWO FAMILY DWELLING This Section for Official Use Only BUILDING PERMIT NUMBER: in J-<} DATE ISSUED: SIGNATURE: Building Commissioner/IEEQEtor of Buildings Date SECTION 1- SITE INFORMATION 1.1 Property Address: 1.2 Assessors Map and Parcel Number: o Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: k ,Z Sfeiv.f/7rrl lbi � f 0- oOG -._5k ( U Zoning District Proposed Use Lot Areas Frontage 11 1.6 BUILDING SETBACKS ft Front Yard Side Yard Rear Yard Required Provide Required— Provided Required Provided ,50` 3aa U, 30 30' 4zlo 1.7 Water Supply M.G.L.C.40. 54) 1.5. Flood Zone lnfonnation: Zone Outside Flood Zone ❑ 1.8 Sewerage Disposal System: Municipal ❑ On Site Disposal System 0 Public ❑ Private ❑ SECTION 2- PROPERTY OWNERSHIP/AUTHORIZED AGENT t t! c: tU t l c U s i r I ct: Y2 S p 2.1 Owner of Record Name (Print) Address for Service - �_Ja �16C�C�S Sigtlatu a Telephone 2.2 Owner of Record: Name Print Address for Service: Signature Telephone SECTION 3 - CONSTRUCTION SERVICES 3.1 Licensed Construction Supervisor: Not Applicable Licensed Construction Supervisor: License Number Address Expiration Date Signature Telephone 3.2 Registered Home Improvement Contractor Not Applicable ❑ C any Registration Number F.d ress BOARD OF APPEALS Expiration Date ---- Signature Telephone 0 .EET )MAS D I ? JONES. RICHARD F MAP 60, PARCEL ? 0 1 THiS IS i U (T-RTIFY IIIA C I HAI J , 1 H TII1� RULES AND REGUL, I 2.4 AC. I I�W1 REGISTERS OF DI -EDS Phi PREPA I I, I I� i �- I FRANK S. P.L 11. I r� 1 I APPROVAL UNDER THE SUI li LOT A l I CONTROL LAW NOT RE( I 1.8 AC. NORTH ANDOVER PLA' 79,500 s. f. I I I 060.0-0 I43 i 32 MONTEIRO WAY 1 PATEL. MA HENDRA R I I � _SO The Planning Board's endorsement frequiring approval Under the Subdi I I IS not a detennination as to confon. I i 6' of Norttl) AndOVer zoning By -La" I I I I ZONING BOARD OF AP I Q I ---_�. 57s' 060.0-0142------------- 1 22 MONTEIRO WAY I ABOU-EZZI. JEAN D I A t I / " I J I I " �II {�----------- --- -J ZONING DISTRICT I I >1 � N89°1 '1"'E I I25. i - MIN. AREA — 25,000 S. i I MIN. FRONTAGE= 12 I MIN. FRONT SETBACK it ,a r ------------ 7 MIN. SIDE SETBACK= I2S 1 I I I w MIN .REAR SETBACK:: I r 1 I 060.0-0141 I w I N 245 CITESTN UT STR}.I,T I 21 � I � MORGAN, JO I IN A & MARY L' MORGAN I I I LOT B II !o ; ZS,000 s.f l ' M o PLAN OF LAND i � I IW o II w I LOCATION 257 CHESTNUT STRF O 1 a NO -ANDOVER, DRAWN FOR L JOSE ------------- I I , � LOPEZ & JOSEPHINE LOPEZ 1; 251 125' I 150' CHESTNUT STREET DATE: AUG. 292005 REVISIONS: SCALE: 1 INCH = 40 FEET 01 40' 80' SCOTT L. GILES FRANK S. GILES SURVEYING 50 DE.ERMFADOW ROAD NO. ANDOVER, MA 01845 TEL: (978) 683-2645 w Lr, 0 a 0 4j 0 Z 0 d >a W 4j e U n Ln N 3 BK 7209 PG 163 We, John M. Carey and Patricia L. Carey, of North Andover, Essex County, Massachusetts for four hundred ninety-nine thousand ($499,000.00) dollars, grant to Josephine Lopez, of 257 Chestnut Street, North Andover, Essex County, Massachusetts with QUITCLAIM COVENANTS the land in North Andover, with the buildings thereon, situated on the westerly side of Chestnut Street, bounded and described as follows: Northeasterly by said Chestnut Street, one hundred fifty (150) feet, more or less; Northwesterly by land -now or formerly of John B. Harriman and Elizabeth W. Harriman as the stone wall stands, six hundred seventy-eight and 11/100 (678.11) feet; Southwesterly by land now or formerly of Margaret Clark Howe et al as the stone wall stands, one hundred fifty (150) feet, more or less; Southeasterly by land now or formerly of Margaret Clark Howe et al, said line being parallel with the northwesterly boundary line and 150 feet southeasterly therefrom a distance of seven hundred (700) feet, more or less. OCT 29'02 AN9:06 Being the same premises conveyed by deed dated November 24, 1975 and recorded at the Essex County Registry of Deeds at Book 1272, Page 437. Please return to James M. -Bowers, Esq. 261 Common Street Lawrence, MA 01840 J r,.. ltf rr ��; int i c`•! 'st` tj Witness our hands and seals this 1 ? * day of October 2002. John M. Carey Vatrid's, L. Carey COMMONWEALTH OF MASSACHUSETTS ESSEX, ss Bks 7209 PG 164 October Z%2002 Then personally appeared the above named and John M. Carey and Patricia L. Carey acknowledge the foregoing instrument to be their free act and deed before me, Notary PlkW _ My Commission re : I GS{1►� �1 HAG9000\9100\G9166\DEED. DOC C- b Ht7F Tf, 9 q ^ TOWN OF NORTH ANDOVER ^CNl ZONING BOARD OF APPEALS RECEIVEO VARIANCF`�'j 1 `i3K's CFF1CF 2005 DEC 15 N-1 2: 45 NAME: Jose Lopez and Josephine Lopez �4 , - ADDRESS OF APPEAL: 257 Chestnut Street, North Andover, MA 01845 pvvnAc��rk fame Stamp '.+ID 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 Zonina Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in page 4, section 10 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 400 Osgood Street, North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 Building Department "8e5�1W InBoard of Appeals Office DEC 15 2005 BOARD OF APPEALS STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision, the Mylar, and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. 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 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 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. Q A L 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. Fads relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. Fads 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 application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10. A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: t) five (5) or more parking spaces, H) three (3) or more dwelling units, tH) 2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show detailed utilities, soils, and topographic information. VARIANCE *10. B. *Plan Specifications: I) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1 "=40' >n One (1) Mylar. III) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Indicated On Plan: q 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. m Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer of surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisk (*). In some cases further information may be required. 11. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: °Town of North Andover - #022-1760-4841' for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 370) 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. See 2005 Revised Fee Schedule. ► A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted. 4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E Please cornpk to an iWITIS-. f _ 16 Geldw 1. Petitioner: *Name, *Address and telephone number: Jose Lopez and Josephine IpMz (husband and wife) -_ 2_1;7 CheStait Street., Nnrth And—zar1 j4A 01845 (978) 681-0655 *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: Josephine n T W z - 257 Chestnut Street North ANdover, MA 01845 Years Owned Land: 3 years 3. Location of Property: a. Street: 257 Chestnut Street Zoning District: R-3 b. Assessors: Map number: 60 Lot Number: 39 c. Registry of Deeds: Book Number: 7209 Page Number: 163 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 7 Dimensional Requirements Sub -section 7.22-- Frontage Exception and Tahle TT of The North Andover 7onin!U By Taw. - *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. S. Describe the Variance request: Applicant seeks a Variance for street frontage from the required width.of 50 feet, „ndar 4Pri-inn7, c�,h GPrFinn 7_9_2 to 25 feet in order to create a second Form -A Lot on the existing lot. 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 OK - - % 25' OK OK OK OK OK B. OK - - % OK OK OK OK OK OK I caa v v vn i NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Sq. Ft. Sq. Ft. Coverage Feet 104500 — — 150 ft. 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Sq. Ft. Sq. Ft. Coverage Feet Lot A 79,500 — — 25 ft. Lot B 25,000 — — 125 ft. Parking Spaces Parking Spaces 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 25,000 — — 125 ft. — 7A. Existing Building(s): Ground Floor Number of Height Total Square feet Floors Sq. feet 2.000 2 3,800 Minimum Lot Setback Front Side A Side B Rear 285.3 ft. 36' 97-Y -224 4' Minimum Lot Setback Front Side A Side B Rear 285.3 ft. 36' 57.5' .284 - Minimum Lot Setback Front Side A Side B Rear 30 ft. 20 ft. 20 ft. 30 Use of Number Building* of Units" Single Family Residential Dwelling *Reference Uses from the Zoning Bylaw & Table 1. **State number of units in building(s). 7B. Proposed Building(s): No Proposed Building --at this time. Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building" of Units" - - - Single Family Residential Dwelling *Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply.yoth application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by �t7h�lZerning Board of this appli on asinncompl&e.i.��d J. Scalise, Attorney for the Applicants North Andover, MA 01845 (978) 682=4153 Jan 05 06 01:49p Law Offices 9787942088 p.2 Other addresses with a similar situation in the area. 110 Sutton Hill Road 50 Sutton Hill Road 52 Sutton Hill Road 182 Hillside Road 318 Salem Street 3 51 Rea Street 357 Rea Street 297 Andover Street 447 Waverly Road 44 Mill Road There are other addresses with a similar long driveway situation in the area of 257 Chestnut Street: 110 Sutton Hill Road 50 Sutton Hill Road 52 Sutton Hill Road 182 Hillside Road 318 Salem Street 351 Rea Street 357 Rea Street 297 Andover Street 447 Waverly Road 44 Mill Road Abutter to Abutter ( x ) Building Dept. ( ) Conservation ( ) Zoning ( Town of North Andover Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subiect Prope MAP PARCEL Name Address 60 39 Josephine Lopez 257 Chestnut Street Abutters Properties MAP PARCEL Name Address 60 10 Peter Gabriel 1/245 Sutton Hill Road 60 13 Fred Sammartino t.231 Chestnut Street 60 90 Maria Giuffrida V 45 Chestnut Street 60 91 Patricia Jason -1,252 Chestnut Street 60 100 Lazarus Pahigian ✓152 Sutton Hill Road 60 101 Bryan Foulds X274 Chestnut Street 60 102 Salvatore Loguidice 11250 Chestnut Street 60 115 Manny Shaheen xA6 Sutton Place 60 130 Stanley Fung \,t1 Monteiro Way 60 140 Mark Cordes✓�23 Chestnut Street 60 141 Thomas Andriola ✓rt1 v-145 Chestnut Street 60 142 Pierre Abou-Ezzi x,22 Monteiro Way 60 143 Mahendra Patel v32 Monteiro Way 60 144 Paul AbourJalin 6.-38 Monteiro Way 60 145 John Carven 648 Monteiro Way 60 146 Douglas Keith L86 Monteiro Way 98.0 4 Thomas Finocchiaro 75 Chestnut Street -�U si1q 98.0 5 Lorraine Brylczyk Y t 0 285 Chestnut Street 98.0 7 Shirley Howe VO Box 254 This certifies that the names appearing on the records of the Assessors Office as of t t eo Certifi by: Date o North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 a. i -U6 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 North Andover, MA 01845 �L- — 13 - 66 North Andover, MA 01845 page 1 of 1 STREET 1869 74 31 6 23 75 C( 45 30 2 0 21 33 68 85 84 ui 83 ui sb LU (B 86 82 10WO 76 67 > r u -LEN 81 93 'el8087 ! 0 34 - 66 79 15 'A 0 88 64 2 78 14 .-89 97 z 1 16 2 77 41 17 13 35 94 Z.4 90 98 so 97 9 75 2 74 76 ROAD 45,900 S plan 34 2555 27.980 SUTTON 26,140 36,495 5J 246 S E PLA NO. 60 1'.. 62 51 52 O 53 -n 55 73 89 9293 94 78 77 IIP95 78 33,066 25.200 26,003 25,002 25,182 26,M 96 79 'Ac) 56,091 11963 see 3 & 555 9 25,25,000 78 RD 8 108 12 25,134 109 107 106105 13 5 46,400 q 1� 104 x 64 71 25,140 25,280 25, f 80 25,850 99 W 27,700 X11 SUTTON PLACE I.. 1103 65 4 2 1 00 6 37,680 112 113 114 115 10 27,300 72 111 0.584 AC. 25,050 25,270 25.380 25.000 67 101 91 90 9 103 133 134 102 27,760 181,503 150 ac -K: )" 77 5 30,850 25,300 1501 0.80 ac 38,660 28,600 26,250 11 STREET CHESTNUT 147 W 120 e 132 A c 13 140 13 141 29. WO S.F. 14 25.575 S.F. 31,772 S.F. 121 113,793 S.F. OD 231 25,715 S.F.S.E 12 31,41236,825 39 0 25,200 S.F. 50,045 z 142 22 < 130 29,399 S.F. OO 1B IW 143 21 w 35 MONTEIROI w 25,159 S.F. 1. 29,782 S.F. A to 11129 25,424 S.F. 129 149 17 808 25,545 S.F. 144 136 30,S.F. 26,801 S.F. 2.377 ac Isr W 21 9 145 128 28,220 S.F. 65,422 126 127za 60 31,201 S.F. 37,046 S.F. 147 146 25 (ac) 29,672 S.F. 27 33,477 S.F. VoliY MOPTI �Zoning Bylaw Denial Town Of North Andover Building Department ;, ` 400 Osgood St North Andover, MA. 01845 ss``� Phone 878488-8545 Fax 878488-9542 Street: 1 -- - G h �es 4,v 414 91-- Map/Lot: Ma /Lot: Lo m 3 • Applicant: 1 s E �v P �- Request t: -5 u 6 olf j r de AQ AP fD Date: l d 7 / -a 70 5— Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning R - 3 Remedy for the above is checked below. Item * Special Permits Planning Board Item Notes Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage F 1 Variancel* CoA 1- rn A�1 4.4 & 1 Lot area Insufficient Independent Elderly Housing Special Permit 1 Frontage Insufficient S 2 Lot Area Preexisting Planned Residential Special Permit 2 Frontage Complies Special Permit preexisting nonconforming 3 1 Lot Area Complies Lpe 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed y e s G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 7 S 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 -Right Side Insufficient 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 3 Coverage Preexisting 1 Not in Watershed e 5 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking jV A 1 In District review required 1 More Parking Required 2 Not in district yes 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parkin Remedy for the above is checked below. Item * Special Permits Planning Board Item a Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parldrig Variance Frontage Exce tion Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit F 1 Variancel* CoA 1- rn A�1 4.4 & Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special Permit preexisting nonconforming Watershed SpeciaI Permit The above review and allached explanation of such is based on the plans and Information subrniCad. No definitive review and or advice shall be baaed on verbal expliinabons by the applicant nor Mail such verbal eorpleratiorns by the applicard am" to provide definitive anwars to #,a above feasons for DENIAL. Any inaccuracies, misleading inforrwtion, or other sutrsequent charges to the hiormebon aubrmllted by the applicant shell be grounds for this review to be voided at the diecxetlon of the Building Departinent. The abached document Ned'Plan Review Narrative' shall be Awlied harato and incorporated herein by reference. The building deperhrtent will retain at plans and doomertiition for the above file. You must file a new building pent application form and begin the pemrtdrg process. d ng Department official Signature Denial Sent: /0 /i lo /o /3 U Appli ion eceived Appli6ation Denied If Faxed Phone Number/Date: ld3a ONiaiine ia43o uo!ss!wuK)o !eOu049!H wuue!d swM o!!qnd JO 4u9u uogPAMUOO Pima Buluoz ea!Icd 4TH aAZI :ol PO-UGPII :apps asianaJ 941 uo paleo!pui Apadoad all jol lfuliad /uo!leo!!dde 941 jol le!uap jol suoseau 941 u!eldxe ja4linl of popmoad s! sAiwou Butmo!!ol oU1 OAWBN MGIIAaa U81d f / -W17 V d+ Y 5� �' y �p C� � �!/ I ev t;0;7 y a ,a 7✓1 D'n/ 2�?'� -'1,. n 074 /d+fJ�AIJ Nf sada m �� eeleo �, �,iOz OW tj VrA :apps asianaJ 941 uo paleo!pui Apadoad all jol lfuliad /uo!leo!!dde 941 jol le!uap jol suoseau 941 u!eldxe ja4linl of popmoad s! sAiwou Butmo!!ol oU1 OAWBN MGIIAaa U81d MEMORANDUM APPLICANT: Josephine Lopez and Jose Lopez 257 Chestnut Street North Andover, MA 01845 (978) 681-0655 PROPERTY: 257 Chestnut Street North Andover, MA 01845 The Applicant, Josephine Lopez purchased the residential property located at 257 Chestnut Street, North Andover, MA on October 22, 2002. The lot contains 104,500 square feet of land and the Applicants have constructed their family residence on the approximate middle area of the lot. The Lopez lot contains adequate area to create a separate Form A Lot of 25,000 square feet with frontage of 125 feet along Chestnut Street (Lot B as shown on Applicant's plan), as well as a second lot of 79,500 square feet (Lot A as shown on Applicant's plan). However, the required street frontage pursuant to the North Andover Zoning By Law, Section 7, Sub -section 7.2.2 is 50 feet and the Applicant has 25 feet of frontage. The Applicant is requesting a variance of 25 feet in order to create a separate Form A Lot (Lot B) along Chestnut Street. The North Andover Zoning By Law requires that a lot of land in a Residence -3 district contains 25,000 square feet and has a street frontage of 125 feet. Section 7.2.2 - Frontage Exception, allows a lot to be created with 50 feet of frontage provided that the lot contains three times the required area in the zoning district. The use is in harmony with the general purpose and intent of the Zoning By Law and desirable relief may be granted without substantially derogating from the intent or purpose of the Zoning By Law There are other addresses with a similar long driveway situation in the area of 257 Chestnut Street: 110 Sutton Hill Road 50 Sutton Hill Road 52 Sutton Hill Road 182 Hillside Road 318 Salem Street 3 51 Rea Street 357 Rea Street 297 Andover Street 447 Waverly Road 44 Mill Road