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HomeMy WebLinkAboutMiscellaneous - 274 WAVERLY ROAD 4/30/2018t ,, �f b C rn r 14 1* ;:6 q O ccfyoi aYlaVN s Y ti tMo 13-03 7y�1-0 �jq L) t"r I -P-6 moo3 - 013 Ale, d a1 44f a17 - (Ab— J i g'5--15 - 03 i Tdwn of North Andover Ot "O RT H1� Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street ` o, North Andover, Massachusetts 01845 ,SSACHUSEt D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 ti Nj w - -.L Any appeal shall be filed Notice of Decision within (20) days after the Year 2003 date of filing of this notice �- � c,7 c-1 in the office of the Town Clerk. Property at: 274 Waverley Road' Lj r_ NAME: Brian Sheehan HEARING(S): May 15, 2003 N ADDRESS: 274 Waverley Road PETITION: 2003-013 North Andover, MA 01845 TYPING DATE: 05-28+-03 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, at 7:30 PM upon the application of Brian Sheehan, 274 Waverley Road, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of front and side setbacks of a pre-existing, non -conforming dwelling on a pre-existing, non -conforming lot; and a Special Permit from Section 9,Paragraph 9.2 in order to allow for an addition to the pre-existing, non -conforming dwelling and a proposed new garage on a non- conforming lot. The said premise affected is property with frontage on the East side of Waverley Road within the R-4 zoning district. The following members were present: William J. Sullivan, John M. Pallone, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse. Walter F. Soule did not hear all the evidence. Upon a motion by Joseph D. LaGrasse and 2nd by John M. Pallone, the Board voted to GRANT a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the side setbacks of the pre- existing, non -conforming dwelling and proposed addition of 3.8' on the North side, and of 5' on the South side and relief of the side and rear setbacks of the proposed garage of 11' on the North side and of 26' on the East side; and upon a motion by Joseph D. LaGrasse and 2nd by John M. Pallone, the Board voted to GRANT a Special Permit from Section 9, Paragraph 9.2 to allow for the construction of a proposed addition to a pre-existing, non -conforming dwelling and proposed garage on a pre-existing, non- conforming lot per Site Plan 274 Waverly Road North Andover, MA Assessors Map 15, Lot 51, Prepared for Brian Sheehan, 274 Waverly Road, North Andover, MA 01845 Date Mar 10, 2003 by James E. Franklin, #37045, New England Engineering Services, 60 Beechwood Drive, North Andover, MA and plans for Sheehan Addition, 274 Waverly Road, dated 2-11-03, drawn by BJS, drawing number 1 & 2 on condition that a new Site Plan Mylar and paper copy with revision date to be provided to reflect the above Variance relief. Voting in favor: William J. Sullivan, John M. Pallone, George M. Earley, and Joseph D. LaGrasse. Voting against: Ellen P. McIntyre. The Board finds that the applicant has satisfied the provisions of Section 9 , Paragraph 9.2 of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood and finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Pagel of 2 x =- T;a Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 A Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax (978) 688-9542 Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Decision 2003-013 Page 2 Of 2 Town of North Andover Board of Appeals, LLI " William J. S llivan, Chairman Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 %.. 16 s , Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 r�, �a c_ CZ) f-"1vF_;; Legal Notice North Andover, Board of Appeals oa Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Wednesday the 160' of April, 2003 at 7:30 PM to all parties interested in the appeal of Brian Sheehan, 274 Waverley Road, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of front and side setbacks of a pre-existing, non -conforming dwelling on a pre-existing, non -conforming lot; and a Special Permit from Section 9,Paragraph 9.2 in order to allow for an addition to the pre-existing, non -conforming dwelling and a proposed new garage on a non -conforming lot. The said premise affected is property with frontage on the East side of Waverley Road within the R4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William I Sullivan, Chairman Published in the Eagle Tribune on March 31 & April 7, 2003. 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V,.q.r t ....... Receivedby ........................................................ Department..... 2._,6A ........................................................................ WHITE: Applicant CANARY: Department PINK: Treasurer ;wl-013 AV LAJ CL C's 00 0 p 0 0 Z IYI Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner . T0: FAX TRANSMISSION f 1 FAX NUMBER: FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01.845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES: DATE: 03 SUBJECT: 0� _ 2. ] 14 (nayetr REMARKS: 1I�� ✓1�e.�� Z�J/�" yoe-�3 L4 vie Telephone (978) 688-9541 Fax (978) 688-9542 ✓w e e+1 t� ) -5 d,'t yow 6i -P V) (/ 5 Cogl� d)4 het L 2-7 Lkgr/ps ll � 5 5 Board of Appeals 688-9541 Building 6881-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 HP Fax K 1220xi Last Transaction Date Time Type Identification Log for NORTH ANDOVER 9786889542 Jun 09 2003 1:48pm Duration Pales Result Jun 9 1:46pm Fax Sent 89786851099 0:52 1 OK HP Fax K1220xi Last 30 Transactions Log for NORTH ANDOVER 9786889542 Jun 04 2003 2:27pm Date Time Type Identification Duration Pages Result Jun 3 12:40pm Received 978 686 1515 1:41 2 OK Jun 3 1:36pm Fax Sent 816172236099 0:42 3 OK Jun 3 1:54pm Received 9786889522 0:40 1 OK Jun 3 2:13pm Received 96172236099 0:33 3 OK Jun 3 3:20pm Fax Sent 89786865100 3:54 3 OK Jun 3 3:24pm Fax Sent 89786851099 3:12 3 OK Jun 3 4:48pm Received 617 923 2336 0:47 2 OK Jun 4 12:1lam Received ChoicePoint 1:19 1 OK Jun 4 9:12am Fax Sent 556 0:30 2 OK Jun 4 9:40am Fax Sent 819782513608 0:59 3 OK Jun 4 10: Barn Fax Sent 89784582509 0:30 1 OK Jun 4 10: Barn Fax Sent 89784582509 0:20 1 OK Jun 4 10:26am Fax Sent 818884868823 0:42 1 OK Jun 4 10:31am Received 0:43 2 OK Jun 4 11:05am Fax Sent 819786896301 1:01 3 OK Jun 4 12:20pm Fax Sent 89786863086 1:02 2 OK Jun 4 12:24pm Fax Sent 816176941234 0:00 0 No answer Jun 4 12:26pm Fax Sent 816176944300 0:00 0 No answer Jun 4 12:29pm Fax Sent 816179641234 1:54 7 OK Jun 4 12:34pm Received 9785268375 0:42 2 OK Jun 4 1:13pm Received 0:38 0 No fax Jun 4 1:19pm Received 0:54 2 OK Jun 4 1:31pm Fax Sent 89787940353 1:04 3 OK Jun 4 1:49pm Received 19789750133 0:51 2 OK Jun 4 Jun 4 1:56pm 1:59pm Fax Sent Fax Sent 89786823363 817813769501 X1 y' vd i ve C 1:13 1:34 1 3 OK OKb4,eeLkj Jun 4 2:01pm Fax Sent 89788518547 0:22 1 OK Jun 4 2:1 1pm Received 19786823363 1:02 2 OK Jun 4 2:17pm Fax Sent 89788518547 0:38 0 Error 420 Jun 4 2:20pm Fax Sent 89788518547 0:42 2 OK Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax (978) 688-9542 Date: � ' 3 - 03 Dear: Mc, S�ee_kw\ c% knl t�vl5, kind bw v!j ` q- 685 ' 1 99 As you know, the Zoning Board of Appeals granted your application for a Variance ll and/or Special Permit or Finding for premises located at: � 7 W U/G ver l e -h P Qoi / Your 20 -day appeal period will have passed on the following date: �Nrte ��: 2-003 1. Once the appeal period has passed, please pick up your Town Clerk -certified copy of the Zoning Board of Appeals decision, and your ZBA Board -signed Mylar (if a Mylar was required) from the Town Clerk's office located at 120 Main Street, North Andover, MA 01845 (978-688-9501). 2. Please make a paper copy of the ZBA Board -signed Mylar. 3. Please bring the Town Clerk -certified copy of the decision & the signed Mylar to the North Essex Registry of Deeds, 381 Common Street, Lawrence, MA 01840 (978-683-2745), as the decision and Mylar must be filed at the Registry of Deeds as soon as possible. 4. Once this is completed, please bring: A. copy of the certified decision, B. a paper copy made from the ZBA Board -signed Mylar, & C. the Registry of Deeds receipt to the Building Department, which is located at 27 Charles Street, North Andover, MA 01845. Failure to file the decision and Mylar with the Registry of Deeds will result in your inability to exercise your variance and/or special permit and your inability to obtain a building permit with the Building Department. "Furthermore, if the rights authorized by the variance are not exercised within one (1) year of the date of the grant, they shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, they shall lapse and may be re-established only after notice and a new hearing." If you have any questions, please feel free to call (978-688-9541) or fax (978-688- 9542), Monday through Thursday, 9:00 AM to 2:00 PM. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535, Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Dear: r. a Ir n �h P el -Yl Telephone (978) 688-9541 Fax (978) 688-9542 Date: As you know, the Zoning Board of Appeals granted your application for a Variance and/or Special Permit or Finding for premises located at: Your 20 -day appeal period will have passed on the following date: 1. Once the appeal period has passed, please pick up your Town Clerk -certified copy of the Zoning Board of Appeals decision, and your ZBA Board -signed Mylar (if a Mylar was required) from the Town Clerk's office located at 120 Main Street, North Andover, MA 01845 (978-688-9501) 2. Please make a paper copy of the ZBA Board -signed Mylar. 3. Please bring the Town Clerk -certified copy of the decision & the signed Mylar to the North Essex Registry of Deeds, 381 Common Street, Lawrence, MA 01840 (978-683-2745), as the decision and Mylar must be filed at the Registry of Deeds as soon as possible. 4. Once this is completed, please bring: A. copy of the certified decision, B. a paper copy made from the ZBA Board -signed Mylar, & C. the Registry of Deeds receipt to the Building Department, which is located at 27 Charles Street, North Andover, MA 01845. Failure to file the decision and Mylar with the Registry of Deeds will result in your inability to exercise your variance and/or special permit and your inability to obtain a building permit with the Building Department. "Furthermore, if the rights authorized by the variance are not exercised within one (1) year of the date of the grant, they shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, they shall lapse and may be re-established only after notice and a new hearing." If you have any questions, please feel free to call (978-688-9541) or fax (978-688- 9542), Monday through Thursday, 9:00 AM to 2:00 PM. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 s Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk. Notice of Decision Year 2003 at: 274 NAME: Brian Sheehan HE G(S): May 15, 2003 ADDRESS: 274 Waverley Road P TITION: 2003-013 North Andover, MA 01845 TYPING DATE: 05-20-03 The North Andover Board of Appeals held a public hearing upon the application of Brian Sheehan, 274 Waverley Roa Section 7, Paragraph 7.3 and Table 2 for relief of front and dwelling on a pre-existing, non -conforming lot; and a Sp�eci to allow for an addition to the pre-existing, non-confo mg conforming lot. The said premise affected is property ith within the R-4 zoning district. at/its regular meeting on Tuesday, at 7:30 PM 6, North Andover requesting a Variance from and/- setbacks of a pre-existing, non -conforming al Permit from Section 9,Paragraph 9.2 in order dwelling and a proposed new garage on a non - frontage on the East side of Waverley Road The following members were present: William J. ullivan, John M Pallone, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse. Walter F. Soul did not hear all the evidence. Upon a motion by Joseph D. LaGrasse and 2 //°° by John M. Pallone, the Board voted to GRANT a dimensional Variance from Section 7, Paraglaph 7.3 and Table 2 for relief of the side setbacks for the pre- existing, non -conforming dwelling and proposed addition of 3.8' on the North side, and 5' on the South side and 11' on the North side and 26' oAe East side of the proposed garage; and upon a motion by Joseph D. LaGrasse and 2nd by John IVUr allone, the Board voted to GRANT a Special Permit from Section 9, Paragraph 9.2 to allow for the construction of a proposed addition to a pre-existing, non -conforming dwelling and proposed garage on a pre-existing, non -conforming lot per Site Plan 274 Waverly Road North Andover, MA Assessors Map 15, Lot 51, Prepared for Brian Sheehan, 274 Waverly Road, North Andover, MA 01845 Date Mar 10, 2003 by James E. Franklin, #37045, New England Engineering Services, 60 Beechwood Drive, North Andover, MA on condition that a new Mylar and paper copy with revision date to be provided to reflect the above/Variance relief. Voting in favor: William J. Sullivan, John M. Pallone, George M. Earley, and Joseph D. LaGrasse. Voting against: Ellen P. Mchityre. / The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.2 of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing structure to the'neighborhood and finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Pagel of 2 Any appeal shall be filed Notice of Decision within (20) days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: 274 Waverley Road NAME: Brian Sheehan HEARING(S): May 15, 2003 ADDRESS: 274 Waverley Road PETITION: 2003-013 North Andover, MA 01845 TYPING DATE: 05-28+-03 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, at 7:30 PM upon the application of Brian Sheehan, 274 Waverley Road, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of front and side setbacks of a pre-existing, non -conforming dwelling on a pre-existing, non -conforming lot; and a Special Permit from Section 9,Paragraph 9.2 in order to allow for an addition to the pre-existing, non -conforming dwelling and a proposed new garage on a non- conforming lot. The said premise affected is property with frontage on the East side of Waverley Road within the R-4 zoning district. The following members were present: William J. Sullivan, John M. Pallone, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse. Walter F. Soule did not hear all the evidence. Upon a motion by Joseph D. LaGrasse and 2nd by John M. Pallone, the Board voted to GRANT a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for relief of the side setbacks of the pre- existing, non -conforming dwelling and proposed addition of 3.8' on the North side, and of 5' on the South side and relief of the side and rear setbacks of the proposed garage of 11' on the North side and of 26' on the East side; and upon a motion by Joseph D. LaGrasse and 2nd by John M. Pallone, the Board voted to GRANT a Special Permit from Section 9, Paragraph 9.2 to allow for the construction of a proposed addition to a pre-existing, non -conforming dwelling and proposed garage on a pre-existing, non- conforming lot per Site Plan X74 Waverly Road North Andover, MA Assessors Map 15, Lot 51, Prepared for Brian Sheehan, 274 Waverly Road, North Andover, MA 01845 Date Mar 10, 2003 by James E. Franklin, #37045, New England Engineering Services, 60 Beechwood Drive, North Andover, MA and plans for Sheehan Addition, 274 Waverly Road, dated 2-11-03, drawn by BJS, drawing number 1 & 2 on condition that a new Site Plan Mylar and paper copy with revision date to be provided to reflect the above Variance relief. Voting in.favor: William J. Sullivan, John M. Pallone, George M. Earley, and Joseph D. LaGrasse. Voting against: Ellen P. McIntyre. The Board finds that the applicant has satisfied the provisions of Section 9 , Paragraph 9.2 of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood and finds that the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Pagel of 2 Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Decision 2003-013. Page 2 Of 2 Town of North Andover Board of Appeals, W5 William J. Sullivan, Chairman 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 Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that are underlined will be completed by the Town. STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receives a Permit 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 item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits one (1) original of all the required information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk certifying the time and date of filing. The remaining ten copies will remain at the office of the Zoning Board of Appeals secretary. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 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/PARTY IN INTEREST FEE: 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 petitioner, the Board shall decide on the matter by using the information it has otherwise received. 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 Laws ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department�Yfice. w X- C) r�'*i ren CD Fri �cnc N rj C= a PAGE 4OF4 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 of the North Andover Zoning By -Law all dimensional requirements shall be clearly identified and factually supported and addressing each of the following points individually is required with this application. A. B. C 0 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 zoning bylaw. 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. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: a) five or more parking spaces, b) three or more dwelling units, and c) 2000 square feet or more of building area. Minor projects that are less than the above limits shall require only the plan information as indicated with an asterisks ("). In some cases further information may be required 10 B. Plan Specifications: a) Size of plan: Ten (10 ) copies of a plan not to exceed 11 "x17", preferred scale of 1"=40'. b) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on mylar. VARIANCE 10 C. FEATURES TO BE INDICATED ON PLAN: A. Site Orientation shall include: 1. North point 2. zoning district (s) 3. names of streets 4. wetlands to be shown on plan (if applicable) 5. abutters of property, within 300 foot radius 6. location of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements B. 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/phone numbers of the applicant, owner of record, and designer or surveyor. 10 D. FURTHER REQUIREMENTS: Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. A set of building elevation and interior of building plans shall be required when the application involves new construction/conversion/ and/or a proposed change in use. Elevation plans for minor projects including decks, sheds, & garages shall be included with a side view depicted on the plot plan, which includes a ground level elevation. 11. APPLICATION FILING FEES A. Notification Fees: Applicant is to send by certified mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. Applicant is to supply stamps (appropriate current postage) for mailing of decisions to all parties in interest as identified in MGLA ch. 40A, sec. 11 as listed on the application. ZBA Secretary will compute number of stamps. B. Applicant is to supply one (1) set of addressed labels of abutters to ZBA Secretary who will mail decisions to abutters and parties in interest. C. Administrative fee of $50.00 per application. A Variance once granted by the ZBA will lapse in one (1) year if not exercised and a new petition must be submitted. Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: Brian Sheehan 274 Waverly Road, North Andover, MA *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Brian Sheehan 274 Waverly Road, North Andover, MA Years Owned Land: 0.5 Years 3. Location of Property: a. Street: 274 Waverly Road Zoning District R - 4 b. Assessors: Map number 15 Lot Number: 51 c. Registry of Deeds: Book Number 110 Page Number: 297 Land Court 4. Zoning Sections under which the petition for the Variance is made. Table 2 Summary of Dimensional Requirments_ *Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request Construction of addition 11.2 feet and 10.0 feet from the side property lines. Construction of a new garage 2.0 feet from the left side and 2.0 feet from the rear lot line. *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 of this application. Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back " Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A7042 na na % 50 - 14.3 3.8 5 - Dwelling B. % 13.0 28.0 garage Page 3 of 4 'Application for a VARIANCE Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Sq. Ft. Sq. Ft. Coverage 5428 na na % Frontage Parking Feet Spaces 50.0 2 Minimum Lot set Back Front Side A Side B Rear 15.7 11.2 10.0 59.0 c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 5458 na na % 50.0 2 15.7 11.2 10.0 43.7 dwelling % �_ �2.0 36 e2„� garage d. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 12,500 na na % 100.0 2 30.0 15,0 15:0.. 30.0 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* *Reference Uses from the Zoning By -Law. State number of units in building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 1211 2 2422 residential dwelling *Reference Uses from the Zoning By -Law. State number of units in building. 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. Signature /�/ an�C4/= Type above name (s) here —111119 opaw Keview Form Town Of North Andover Building Department qV 27 Charles St. North Andover, MA. 01845 . P11066.9T8 9&9545 Fac 414488=9842, --- --rw ano aaacnea explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies, misleading information, or other subsequent changes to the Information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled Plan Renew Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and�docul'getttaton for the above file. You must file anew permit application form and begin th,ee ertiiitting.process a7 119 0,3 d ing Deptirtoallf0ffilcial Signattjfe Application Received Appcati nented Plan Review Narrative The following narrative is provided to further explainthe,reasons for DiENIAL for the APPLICATION for the property indicated on the r'ever'se side: tteterred To: NEW ENGLAND ENGINEERING SERVICES INC March 13, 2003 North Andover Board of Appeals 27 Charles Street North Andover, MA 01845 Re: 274 Waverly Road, North Andover Variance application Dear Mr. Chairman: Please accept this letter as memorandum in support of the application by Brian Sheehan for a variance to the North Andover Zoning Bylaw. Mr. Sheehan is asking for setback variances in order to construct a garage and an addition to the existing structure at 274 Waverly Road. The proposed use of the addition to the home would be used as living space. Mr. Sheehan's family is getting older and needs more room. Mr. Sheehan purchased the home recently, having moved from out of town. The home was one of the few on the market that was affordable to him in the area where he wanted to be. Literal enforcement of the zoning bylaw would only allow additions to the home of insufficient size to be worth constructing. The proposed new addition will not encroach on any abutting property any more than the existing structure already does. The size and the scale of the addition is fitting with character of the neighborhood being no higher than what exists on the site now and not changing the front lines of the home. The addition of the new garage will allow the Sheehans to park off of the street. Presently two cars are parked in a small paved area that is partially within the right of way. Each time someone leaves the premises they have to back in to the street, a maneuver that can be very hazardous when the adjacent school is opening or closing. The addition of the garage and the associated driveway and turn around will provide a safe access to the property. The garage is no larger and in the same type of location as several other homes in the neighborhood. 60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099 a The subject property has been in existence since before the adoption of the zoning bylaw with a lawfully existing structure since the late 1920's. Granting the variance will not be a detriment to the neighborhood or out of keeping with the intent of the North Andover Zoning Bylaw. Sincerely, Ben aurin C. Os ooh Jr. > EIT J g President NEW ENGLAND ENGINEERING SERVICES INC 300 FOOT ABUTTERS LIST SUBJECT PROPERTY 274 WAVERLY ROAD, NORTH ANDOVER MA. ASSESSORS MAP #15 LOT 51 MAP LOT NAME 10 38 ✓SCOTT & JULIA HISER 39 vGALLAGHER REALTY TRUST JOHN GALLAGHER, TRUSTEE 40 IVFRANCOIS KASPRAK 41 t ELMER JACKSON 42 v`I'HOMAS DAVIS & SHARON UNTERBORN 43 XHERYL BENNETT & AMY GROSE 44 /BLACKSTOCK REALTY TRUST ANNA NARDI, TR 46 /LINDA JACKSON 47 vEDITH DONNELLY 11 1 ALBERT & DOREEN DESHAIES, JR 2 vRONALD & LUCIA PELLERIN 3 ,SANDRA WILLIAMS 62 /AGNES LU CHO 15 48 ✓MARK & KATHLEEN SULLIVAN 49 VTOWN OF NORTH ANDOVER 50 ,SCOTT MILLER 52 ,/QUINTAL REALTY TRUST ,RW & PA QUINTAL, TR 54 ✓KENNETH & KATHLEEN ST HILAIRE 55 //JOHN & GILDA BELLINO 56 ✓PAUL & SANDRA VATALARO 57 DENIS MURPHY C/O TIMOTHY & MARYBETH CARROLL 16 4 �JEANNETTE DAVISON 5 vTODD & DONNA ROBERTS 6' -JACK & CHRISTENA ERLE 7 iWITZGALL REALTY TRUST JOYCE LAROSE & JAYNE LANNAN, TR 9 ✓MICHAEL & GALE BATSIMM 10 wELEANOR SATHAN 12 /PAUL & ALEXIS BARTONY 13 VRONALD & ROSEMARY CAREDO 15 /WILLIAM & LOUISE BUSINEAU 16 & 17✓WILLIAM & LYSA GIBBS 18 -CAROL SCHUBERT AND RICHARD & ARVOLA SCHUBERT 2 19 vJAY SCOTT GAMESTER & TRACY LEE BAUMERT 20 /THOMAS & ELAINE MEAD 21 ✓SARAH McCRACKEN ADDRESS. 261 WAVERLY ROAD NORTH ANDOVER, MA 01845 267 WAVERLY ROAD NORTH ANDOVER, MA 01845 12 WILLIAM STREET NORTH ANDOVER, MA 01845 18 WILLIAM STREET NORTH ANDOVER, MA 01845 275 WAVERLY ROAD NORTH ANDOVER, MA 01845 281 WAVERLY ROAD NORTH ANDOVER, MA 01845 224 MARBLEHEAD STREET NORTH ANDOVER, MA 01845 210 MASSACHUSETTS AVE NORTH ANDOVER, MA 01845 218 MASSACHUSETTS AVE NORTH ANDOVER, MA 01845 287 WAVERLY ROAD NORTH ANDOVER, MA 01845 222 MASSACHUSETTS AVE NORTH ANDOVER, MA 01845 293 WAVERLY ROAD NORTH ANDOVER, MA 01845 232 MASSACHUSETTS AVE NORTH ANDOVER, MA 01845 1 WILLIAM STREET NORTH ANDOVER, MA 01845 120 MAIN STREET NORTH ANDOVER, MA 01845 32 HERRICK ROAD NORTH ANDOVER, MA 01845 278 WAVERLY ROAD NORTH ANDOVER, MA 01845 41 HERRICK STREET NORTH ANDOVER, MA 01845 PO BOX 341 NORTH ANDOVER, MA 01845 11 YOUNG ROAD NORTH ANDOVER, MA 01845 53 HERRICK STREET NORTH ANDOVER, MA 01845 15 YOUNG ROAD NORTH ANDOVER, MA 01845 33 HERRICK ROAD NORTH ANDOVER, MA 01845 8 LITTLE ROAD NORTH ANDOVER, MA 01845 12 LITTLE ROAD NORTH ANDOVER, MA 01845 25 HERRICK ROAD NORTH ANDOVER, MA 01845 11 LITTLE ROAD NORTH ANDOVER, MA 01845 18 LYMAN ROAD NORTH ANDOVER, MA 01845 10 LYMAN ROAD NORTH ANDOVER, MA 01845 3 HERRICK ROAD NORTH ANDOVER, MA 01845 11 HERRICK ROAD NORTH ANDOVER, MA 01845 6 HERRICK ROAD NORTH ANDOVER, MA 01845 18 HERRICK ROAD NORTH ANDOVER, MA 01845 12 HERRICK ROAD ORTH AADOVER, MA 01845 282 WAVERLY R WR, ANDOVER, MA 01845 R n. nfA. ess r North Andover 60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099 . do a aP" „ - wn . TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS F S 4 PROCEDURE and REQUIREMENTS for FILING an APPLICATION for a SPECIAL PERMIT Ten (10) copies of the following information must be submitted thirty (30) days not later than noon prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomDlete. 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. Items that are underlined will be completed by the Town. STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Permit Denial form completed by the Building Commissioner. STEP 2: SPECIAL PERMIT APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Special Permit. All information as required in items 1 through and including 11 shall be completed. Step 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits one (1) original of all the required information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk certifying the time and date of filing. The remaining ten copies will remain at the office of the Zoning Board of Appeals secretary. SPECIAL PERMIT 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/PARTY IN INTEREST FEE: 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 petitioner, the Board shall decide on the matter by using the information it has otherwise received. 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 Laws ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters).M a M R1 w D� a CDMC)r 70cno E IMPORTANT PHONE NUMBERS: c 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 4 OF 4 Application for a SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. This is required in the case of a Special Permit when the following points, based on MGLA ch. 40A, sec. 9 of the North Andover Zoning By -Law and P 9.2 Special Permit Granting Authority shall be clearly identified and factually supported: Addressing each of the below points individually is required with this application. 1. The particular use proposed for the land or structure. 2. The specific site is an appropriate location for such use, structure or condition. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. The use is in harmony with the purpose and intent of the zoning by-law. 6. Specific reference and response to the criteria required by the particular special permit for which this application is made (i.e. Earth Removal Special Permit respond to criteria and submittal requirements). 10. Plan of Land Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of Appeals. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: a) five or more parking spaces, b) three or more dwelling units, and c) 2000 square feet of building area. Minor projects that are less than the above limits shall require only the plan information as indicated with asterisks (*) In some cases further information may be required. 10 B. Plan Specifications: a) Size of plan: Ten (10 ) copies of a plan not to exceed 11 "x17", preferred scale of 1"=40' b) Plan prepared by a Registered Professional Engineer and or Land surveyor, with a block for five (5) ZBA signatures and date on mylar. 10 C. FEATURES TO BE INDICATED ON PLAN: A. Site Orientation shall include: 1. North point 2. zoning district (s) 3. names of streets 4. wetlands to be shown on plan (if applicable) 5. abutters of property, within 300 foot radius 6. location of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements B. 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 of record, and designer or surveyor. 10 D. FURTHER REQUIREMENTS: Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. A set of building elevation and interior of building plans will be required when the application involves new construction/conversion and/or a proposed change in use. Elevation plans for minor projects including decks, sheds, & garages shall be included with a side view depicted on the plot plan, which include a ground level elevation 11. APPLICATION FILING FEES A. Notification Fees: Applicant is to send by certified mail all legal notices to all abutters, and then supply proof of mailing to ZBA secretary. Applicant is to supply stamps (appropriate current postage) for mailing of decisions to all parties of interest as identified in MGLA ch. 40A in sec. 11 as listed on the application. ZBA Secretary will compute number of stamps. B. Applicant is to supply one (1) set of addressed labels of abutters to ZBA Secretary who will mail decisions to abutters and parties in interest. C. Administrative fee of $50.00 per application. A Speciai Permit once granted by the ZBA will lapse in two (2) years if not exercised and a new petition must be submitted. PAGE 2 OF 4 Date & Time Stamp Application for a SPECIAL PERMIT 5 ee r s North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Brian Sheehan 274 Waverly Road, north Andover, MA "The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership.- Brian wnership: Brian Sheehan 274 Waverly Road, North Andover, MA Years Owned Land: 0. 5 3. Location of Property: a. Street: 274 Waverly Road Zoning District R-4 b. Assessors: Map number 15 Lot Number: 51 c. Registry of Deeds: Book Number I10 . Page Number: 297 Land Court 4. By -Law Sections under which the petition for the Special Permit is made. �j S e --In o ^ C- 7- 9 section 9.2 *Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: Allow construction of an addition and detached garage on a pre existing non conforming lot with a per existing non conforming structure. "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 of this application. Page 3 of 4. Application for a SPECIAL PERMIT » s NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 5428 na na % 50 2 b. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 5458 na na % 50 2 c. Required Lot: (As required by Zoning By -Law) * Minimum Lot set Back " Front Side A Side B Rear 15.7 11.2 10.0 59 Minimum Lot set Back' Front Side A Side B Rear 15.7 11.2 10.0 43.7 dwelling 90 2.0 36 2.0 Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back . Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 12,500 na na % 100 2 30 15 15 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building" IF T I IF -m- 11110 1011111111111 W IT Number of Units 'Reference Use Code numbers and Uses from the Zoning By -Law. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building` Number of Units 1211 2 2422 residential dwelling 1 240 1 240 garage 'Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to fumish 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 �Q Signature Type above name W here e � � Uop zoning Bylaw Review Form x " Town Of North Andover Building Department * ' ` " 27 Charles St. North Andover, MA. 01845 sACHUSE Phone! 4A488=9545 F" 978-688.9`542. Ma /Lot Applicant: Car.oli.+ n►�t_N._ S -.dk -Re uest 1 est .2_ fo - 'iR b t• o w it'e i n 8 Pate:a Blease be advised that after. review of.your Application and Plans that your Application is DENIED for thb'4oiloWing Zoning Bylaw reasons::. Zoning + �r t Item Notes Item Q Lot Area Notes F Frontage _I_L Lot area Insufficient _ Frontage lnstifficient': 1 Lot Area Preexisting e s 2 Frontage Complies 3 Lot Area Complies. 31 Preexisting -frontage -4.. Insufficient Information Use '. �`^ �.. 4' Insufficient Information G Contiguous Building Area Not Allowed 1 Insufficient Area Use Preexisting 2 Complies Special Permit Required ye g 3 Preexisting CBA Insufficient Information 4 Insufficient Information i ne wove review and attached explanation of such is based on the _ plan s and information submitted. No definitive review and or advice shall be based on:ver6atexplanations by the applicant nor shall such verbal explanations by the applicant serve to proG'ide definitive answers to theabove reasons for Any inaccuracies, misleading information, or other subsequent changes to the information submlft d by the applicant, shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review_ Narrative" shall be attached hereto and incorporated herein by reference. The building department will retai application tomn all.plans and docutper tation for the above file. You must file a new permit i and begin the permitting process, s t d /o O3 i it ing Depart Officiaa l �3_ Application Signatuf� Received Application Denied 4 Right Side Insufficient _ 4 .. __ . ,.•..y • —'U.IL y C S Insufficient Information 5 Rear Insufficient Cav%s% 1 Building Coverage (V/P. 6 Preexistin setbacks g n.+ 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies p Watershed 3 Coverage Preexisting 1 2 Not in Watershed �t e S In Watershed 4 Insufficient Information J Sign 3 Lot prior to 10724/94A 1 Sign not allowed2 4 Zone to be Determined Sign Complies 5 Insufficient Information 3 Insufficient Information -E Historic District.. K Parking 1 In District review required1 More Parking Required 2 3 Not in district 44's Insufficient Information`I 2 Parking Complies e 3 Insufficient Information i ne wove review and attached explanation of such is based on the _ plan s and information submitted. No definitive review and or advice shall be based on:ver6atexplanations by the applicant nor shall such verbal explanations by the applicant serve to proG'ide definitive answers to theabove reasons for Any inaccuracies, misleading information, or other subsequent changes to the information submlft d by the applicant, shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review_ Narrative" shall be attached hereto and incorporated herein by reference. The building department will retai application tomn all.plans and docutper tation for the above file. You must file a new permit i and begin the permitting process, s t d /o O3 i it ing Depart Officiaa l �3_ Application Signatuf� Received Application Denied Plan Review Narrative The following narrative is provided to further explain the -reasons for DIENIAL for the APPLICATION for the property indicated on the reverse side: Referred To: Z LCP 88138 M 7,5 2' NN/,.-- r��49 PROPOSED DRIVEWAY EXISTING PORCH MAY 1 9 2003 I'; BARO OF APPEALS W rn of co U) 11.3'- N/r114t A4 7,5 _ s,�so cso 5 57�oo„W 2 7p' EXIST SNfO '_PROPOSED 10' 0 10' 20' 30' Al/)t:� t78 NSM �S �s2 , IL1r1/r� �sr ASSESSORS MAP 15 LOT 51 10.1' 5,458 SQ FT 0.125 AC z i GE OF PAVEMENT R ® A D (PUBLIC N 60' WIDE) SITE PLAN 274 WAVERLY ROAD NORTH ANDOVER, MA ASSESSORS MAP 15, LOT 51 SCALE: 1” = 20' DATE: MAR 6, 2003 7 NEW ENGLAND ENGINEERING SERVICES 60 BEECHWOOD DRIVE NORTH ANDOVER, MA (978) 686-1768 659 g�""r' 50HY: D rz.c,r, & 3,c.o. Jr. GARAGE PROPOSED ADDITION Lo:.:::: co co �o 0 EXISTING DWELLING 50.00 N08° -31'E -- EXISTING DRIVEWAY 10' 0 10' 20' 30' Al/)t:� t78 NSM �S �s2 , IL1r1/r� �sr ASSESSORS MAP 15 LOT 51 10.1' 5,458 SQ FT 0.125 AC z i GE OF PAVEMENT R ® A D (PUBLIC N 60' WIDE) SITE PLAN 274 WAVERLY ROAD NORTH ANDOVER, MA ASSESSORS MAP 15, LOT 51 SCALE: 1” = 20' DATE: MAR 6, 2003 7 NEW ENGLAND ENGINEERING SERVICES 60 BEECHWOOD DRIVE NORTH ANDOVER, MA (978) 686-1768 659 g�""r' 50HY: D rz.c,r, & 3,c.o. Jr. H 11410-S to �„� �� M l'f M a.� Cn NcEr� W Ibm allo ShArotA Ofwt5 ASE Covy Teiy IN flv-�-4or of-- i hc �cNov�-rto� 'Tu ThE Sh%e��A� \�ousC ��4c'�c-i1.� �c�oss Thin .S—% r iE ET 'Fro V s, W E AeE SORE 9T Aoo UAIVF "To ("%\I Su,rr�v,Up(W9 l if6 6 S, ANS Qj srioNS p',FvnsI \-'>o hi©-- RCsjiA-VE ''o W1 R GAC -os Aejo S�vAvor t'*vt S oi-15 WAL/Cp6l 90, VA . -AAifwer Nle, Ole X15 Qq I ej 663a3 41 IM AI AY 1 9 2003 D BOARD OF APPEALS Town of.North Andover Office of the Zoning hoard of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Date TO: Town of North Andover Telephone (978) 688-9541 Fax (978)688-9542 Zoning Board of Appeals 27 Charles Street North Andover MA 01845 'M S m� :0 Please be advised that I have agreed to waive the time constraints for the North CD t Andover Zoning Board of. Appeals to make a decision regarding the granting of a r Variance Spec al�Peer�mif - Cbmpreh ensive Permit (40B) Finding for property located at: STREET: ,!P `7 .eA lz-cl:i "4- i) TOWN: N��1-( MEETING DATE(S): NAME OF PETITIONER: 13 y I C< ,• G,cc , _, Signed: C U e Petitioner (or petitioner':s re�entative) � WAIVER Board of Ap s 978- 688-9541 Building 978-688-9545 APR 16 2003 BGAtIRD OF APPEALS Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 NEW ENGLAND ENGINEERING SERVICES INC April 11, 2003 North Andover Board of Appeals 27 Charles Street North Andover, MA 01845 Re: 274 Waverly Road, North Andover Special permit/ variance application Dear Mr. Chairman: Enclosed is a copy of the advertisement that appeared in the eagle tribune on March 31, 2003 and April 7, 2003. Sincerely, Be dam . Osgo LEIT President I APR 1 5 2003 BOARD OF APPEALS 60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099 C(,TED to Street t) MAP Ib N 181 RING VIE < P"I 22, Y PUBLIC G er Public e at 384 near the trance. J persons •and be s needing modations interested application uld contact lover Plan- ent at (978) y email at fnorthand @towed M. On Chair Andove ing Boar( (d 90n3 at - friPlicate, either or ped or printed in ink. ds must be stamped S ith the vendor's name. ;EALED BID," as well E s the category and date "'the bid opening should ie noted on the outside )f the bid package. The bids will be ` >pened in the Office of the Assistant Superinten- dent uperinten- — dentfor Finance and Operations, 10 Ditson Place, ,Methuen, MA 01844, at 3:OOPM on t Wednesday May 7, 2003. The Methuen School Committee reserves the right to accept or, reject any or. all RFPs, to waive informalities, or to divide I work by schools, or to acceptthbids, if itbe in the public do so. FOR THE METHUEN SCHOOL hnCOMMITTEE: C fton I AssistanSuperintendent003 ET — April Dy appointed. Submitted by uzanne M. Lamoureux, Chairperson T — April 7, 2003 IN OF NORTH ANDOVER PLANNING BOARD ICE OF PUBLIC HEARING, )AY, APRIL 22, 2003 8:00 P.M. ice with the provisions of M.G.L. Chap - ,tion 5, the North Andover Plan6inc d a public hearing as follows: ?OSE OF PUBLIC HEARING: ling Warrant Article - Toaamend vote bIh Andover Zoning Map d al e'on of Route 114 'streeifrom the Eagle Tribune sui th Mark Bank, from SUBMITTEDtIBY al 4CTL Business (GB). TON APpUCANT/PETITIONER: unningham'* and others JSS OF PREMISES AFFECTED rtely 15 acres of land on Route 1 agle Tribune surrounding North Me SESSOR'S MAP AND LOT: parcel 16; Map 24, Parcel 17; Map, ter., M sid, hur eaE Poi twe Do At ET EGAL NOTICE Legal Notice L North Andover, Board of Appeals Notice is hereby given I iat the Board of ,ppeals will hold a public earmg at the Senior ti ;enter, 120R Main P Street, North Andover, t AA on Wednesday the 16th of April, 2003 at 7:30 PM to all parties nterested in the appeal of Brian Sheehan, Waverly Road, North Andover requesting a Variance from.Section 7, Paragraph 7.3 and Table 2 for relief of front and .side setbacks of a pre- existing, non -conforming dwelling on a pre-exist- ing, non -conforming lot; and a Special Permit from Section 9, Para graph 9.2 in order to allow for an addition to the pre-existing, non- conforming dwelling and a proposed new garage on a non -conforming lot. The said premise i affected is property witt frontage on the East side of Waverly Road withir the ans are zoning ailable fc review at the office of th Building Department 2 Charles Street, Nort Andover, MA, Monde 4 through Thursday froi rk the hours of 9:00 AM 9:00 PM. ILIC HEARING DATE & TIME pril 22, 2003 8:00 p.m. ATION.OF PUBLIC HEARING lover Public Works Garage at 384 at, near the High School entrance.. eard. ed persons may appear and be h ding special accommodations and/or led ctthe materials Noin rth Andovthe erpPlann ng depart 978) 688-9535 or by email at �wnofnorthandover.com or „„f..n.ahnnrrnvur nn. _ �-v-nYT51 (10 APR 1 5 2003 BOARD OF APPEALS By order of tt Board of Appe, William J. SullivE Chairm ET — March 31; April 2003 LEGAL NOTH COMMONWEALTH MASSACHUSETT Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Wednesday the 16`h of April, 2003 at 7:30 PM to all parties interested in the appeal of Brian Sheehan, 274 Waverley Road, North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of front and side setbacks of a pre- existing, non -conforming dwelling on a pre-existing, non -conforming lot; and a Special Permit from Section 9,Paragraph 9.2 in order to allow for an addition to the pre-existing, non -conforming dwelling and a proposed new garage on a non -conforming lot. The said premise affected is property with frontage on the East side of Waverley Road within the R- 4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William I Sullivan, Chairman Published in the Eagle Tribune on March 31 & April 7, 2003. Legalnotice 2003-013. NEW ENGLAND ENGINEERING SERVICES INC March 24, 2003 North Andover Board of Appeals 27 Charles Street North Andover, MA 01845 Re: 274 Waverly Road, North Andover Special permit application Dear Mr. Chairman: Enclosed -are copies of the certified mail receipts for the abutter notification of the hearing for the above referenced property. Sincerely, "5� 'f D r� Benjamin C. Osgood, Jr., EIT President nEC EodND MAR 2 5 2002 BOARD OF APPEALS 60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099 NEW ENGLAND ENGINEERING SERVICES INC March 13, 2003 North Andover Board of Appeals 27 Charles Street North Andover, MA 01845 Re: 274 Waverly Road, North Andover Special permit application Dear Mr. Chairman: Please accept this letter as memorandum in support of the application by Brian Sheehan for a special permit in order to construct a garage and an addition to the existing structure at 274 Waverly Road. The proposed use of the addition to the home would be used as living space. Mr. Sheehan's family is getting older and needs more room. Mr. Sheehan purchased the home recently, having moved from out of town. The home was one of the few on the market that was affordable to him in the area where he wanted to be. Literal enforcement of the zoning bylaw would only allow additions to the home of insufficient size to be worth constructing. The proposed new addition will not encroach on any abutting property any more than the existing structure already does. The size and the scale of the addition is fitting with character of the neighborhood being no higher than what exists on the site now and not changing the front lines of the home. The addition of the new garage will allow the Sheehans to park off of the street. Presently two cars are parked in a small paved area that is partially within the right of way. Each time someone leaves the premises they have to back in to the street, a maneuver that can be very hazardous when the adjacent school is opening or closing. The addition of the garage and the associated driveway and turn around will provide a safe access to the property. The garage is no larger and in the same type of location as several other homes in the neighborhood. 60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099 The subject property has been in existence since before the adoption of the zoning bylaw with a lawfully existing structure since the late 1920's. Granting the special permit will not be a detriment to the neighborhood or out of keeping with the intent of the North Andover Zoning Bylaw. Providing a garage and off street parking will help bring the property more in to compliance with the intent of the bylaw to help preserve the health and safety of the inhabitants of the town. Sincerely, Benjamin C. Osgooiin, EIT President NEW ENGLAND ENGINEERING SERVICES INC 300 FOOT ABUTTERS LIST SUBJECT PROPERTY 274 WAVERLY ROAD, NORTH ANDOVER MA. ASSESSORS MAP #15 LOT 51 MAP LOT NAME 10 38 SCOTT & JULIA HISER 39 GALLAGHER REALTY TRUST JOHN GALLAGHER, TRUSTEE 40 FRANCOIS KASPRAK 41 ELMER JACKSON 42 THOMAS DAVIS & SHARON UNTERBORN 43 CHERYL BENNETT & AMY GROSE 44 BLACKSTOCK REALTY TRUST ANNA NARDI, TR 46 LINDA JACKSON 47 EDITH DONNELLY 11 1 ALBERT & DOREEN DESHAIES, JR 2 RONALD & LUCIA PELLERIN 3 SANDRA WILLIAMS 62 AGNES LU CHO 15 48 MARK & KATHLEEN SULLIVAN 49 TOWN OF NORTH ANDOVER 50 SCOTT MILLER 52 QUINTAL REALTY TRUST RW & PA QUINTAL, TR 54 KENNETH & KATHLEEN ST HILAIRE 55 JOHN & GILDA BELLINO 56 PAUL & SANDRA VATALARO 57 DENIS MURPHY C/O TIMOTHY & MARYBETH CARROLL 16 4 JEANNETTE DAVISON 5 TODD & DONNA ROBERTS 6' JACK & CHRISTENA ERLE 7 WITZGALL REALTY TRUST JOYCE LAROSE & JAYNE LANNAN, TR 9 MICHAEL & GALE BATSIMM 10 ELEANOR SATHAN 12 PAUL & ALEXIS BARTONY 13 RONALD & ROSEMARY CAREDO 15 WILLIAM & LOUISE BUSINEAU 16 & 17 WILLIAM & LYSA GIBBS 18 CAROL SCHUBERT AND RICHARD & ARVOLA SCHUBERT 2 19 JAY SCOTT GAMESTER & TRACY LEE BAUMERT 20 THOMAS & ELAINE MEAD 21 SARAH McCRACKEN ADDRESS. 261 WAVERLY ROAD NORTH ANDOVER, MA 01845 267 WAVERLY ROAD NORTH ANDOVER, MA 01845 12 WILLIAM STREET NORTH ANDOVER, MA 01845 18 WILLIAM STREET NORTH ANDOVER, MA 01845 275 WAVERLY ROAD NORTH ANDOVER, MA 01845 281 WAVERLY ROAD NORTH ANDOVER, MA 01845 224 MARBLEHEAD STREET NORTH ANDOVER, MA 01845 210 MASSACHUSETTS AVE NORTH ANDOVER, MA 01845 218 MASSACHUSETTS AVE NORTH ANDOVER, MA 01845 287 WAVERLY ROAD NORTH ANDOVER, MA 01845 222 MASSACHUSETTS AVE NORTH ANDOVER, MA 01845 293 WAVERLY ROAD NORTH ANDOVER, MA 01845 232 MASSACHUSETTS AVE NORTH ANDOVER, MA 01845 1 WILLIAM STREET NORTH ANDOVER, MA 01845 120 MAIN STREET NORTH ANDOVER, MA 01845 32 HERRICK ROAD NORTH ANDOVER, MA 01845 278 WAVERLY ROAD NORTH ANDOVER, MA 01845 41 HERRICK STREET NORTH ANDOVER, MA 01845 PO BOX 341 NORTH ANDOVER, MA 01845 11 YOUNG ROAD NORTH ANDOVER, MA 01845 53 HERRICK STREET NORTH ANDOVER, MA 01845 15 YOUNG ROAD NORTH ANDOVER, MA 01845 33 HERRICK ROAD NORTH ANDOVER, MA 01845 8 LITTLE ROAD NORTH ANDOVER, MA 01845 12 LITTLE ROAD NORTH ANDOVER, MA 01845 25 HERRICK ROAD NORTH ANDOVER, MA 01845 11 LITTLE ROAD NORTH ANDOVER, MA 01845 18 LYMAN ROAD NORTH ANDOVER, MA 01845 10 LYMAN ROAD NORTH ANDOVER, MA 01845 3 HERRICK ROAD NORTH ANDOVER, MA 01845 11 HERRICK ROAD NORTH ANDOVER, MA 01845 6 HERRICK ROAD NORTH ANDOVER, MA 01845 18 HERRICK ROAD NORTH ANDOVER, MA 01845 12 HERRICK ROAD ORTH DOVER, MA 01845 282 WAVERLY Rq� WPW ANDOVER, MA 01845 Wfied b — R rn of A ess r North Andover 60 BEECHWOOD DRIVE - NORTH ANDOVER, MA 01845 - (978) 686-1768 - (888) 359-7645 - FAX (978) 685-1099 �OF'Ty' Zoning Bylaw Review Form 0 i Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 •��SACN115fiary Phorie 97&688-9545 Fax 978-688-9542 ,(emedy for the above is checked below Item # Special Permits Planning Board Street:'-'.. . ....... of 1-: y._ , .. Rog _ .. Frontage Exception Lot Special Permit -S Parking Variance. Lot Area Variance Map/Lot: Hei ht Variance Congregate Housin 1 Special Permit Variance for S*.__ Continuing Care Retirement Special Permit Independent Applicant: Ca. h o 1. + i a. N 5.. ML k a.. S ecial Permit Non-Conformin Use ZBA Planned Deyelo it merit District Special Request: �,� a �, t•+� `'�a^ 8�aQ�i-,.N •.. Vxa'oDa'!,• I..eQ R-6 Density Special Permit Date: 4 ..:. .. y. Special permit for preexisting nonconformin Watershed Special Permit Please be advised thatafterreview of .your Application and Plans that your Application is DENIED -for' the %Ilo`wing Zoning Bylaw"r'easons: "' Z6nin.9 Item Notes Item Notes A Lot Area F Frontage Lot area _. nt 1 -::.Fronta g a 'lhsdfficient - 2 Lot Area Preexi st Ing S 2 Frontage Complies Lot Area Complies . . T • Preexistthg-frontage .a Insufficient Information 4 Insufficient Information C B Ude, �. `` k t ".� , ' 5' No access'over frontage 1 Allowed G Contiguous Building. Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required yeg 3 Preexisting CBA 5 Insufficient InformationS 4 Insufficient Information C Setback Fi Building Height 1 All -setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient Ga 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient Ga1.4Sr. I Building Coverage 6 Preexistingsetbacks n.+ a e 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed Sign 3 Lot prior to 10%24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 3 Not in district S Insufficient Information 2 Parking Complies e s 3 Insufficient Information 4 1 Pre-existing Parking ,(emedy for the above is checked below Item # Special Permits Planning Board Item # variance Site Plan Review Special Permit Access otherahan Fronta e Special Permit C-z+S Setback Variance Frontage Exception Lot Special Permit -S Parking Variance. Lot Area Variance Common Driveway ecial Permit Hei ht Variance Congregate Housin 1 Special Permit Variance for S*.__ Continuing Care Retirement Special Permit Independent Special Permits Zoning Board Elderl .Housin S ecial Permit Large Estate Condo Special Permit S ecial Permit Non-Conformin Use ZBA Planned Deyelo it merit District Special Earth Removal S ecial Permit ZBA Special .Perm Planned Residential Special Permit Permit Use not Listed but Similar R-6 Density Special Permit Special Permit for Sign Special permit for preexisting nonconformin Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all,plans and documentation for the above file. You must fil application form and begin the permitting process. e a new permit a_,o 03 i ing aDepartt!0-ffic-_ial Si ria .ufe c� //--® 3 g 1, Application Received Application Denied h.a a 0- Plan Review Narrative t The following narrative is provided to further explain the;reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: Referred To: Fire Health Police Zoninn Rnarri ue artment of Public Works Planning �Buildinguepartmpnt orical Commission � Other - :y Any appeal shall be fed within (20) days after e date of filing of this noti( in the office of the Town Notice of Decision Year 2003 at: 144-146 & 150 Waverlv Road NAME: Kevin Murph HEARING(S): 4-16 & 5-15-03 ADDRESS: 144-1.46 & 148-1 Waverly Road PETITION: 2003-003 North Andover, MkQ 1845 /` TYPING DATE: 05-20-03 The North Andover Board of Appear held a public upon the application of Kevin Murp�,169 Boxfo Road, North Andover requesting a Van ce from c street frontage and front and side setbacks n two, 7.3 and Table 2 for relief of the rear setbac y r Paragraph 9.2 in order to create a third lot fro a new dwelling. The said premise affected ie within the R-4 zoning district. The following members were present:Water F. Earley, and Joseph D. LaGrasse. / heiring at its regular meeting on Tuesday, at 7:30 PM -Atreet for premises at: 144-146 & 148-150 Waverly fiction 7, Paragraphs 7.2, 7.3, and Table 2 for relief of :isting lots and a Variance from Section 7, Paragraph )posed third lot; and a Special Permit from Section 9, pre-existing, non -conforming lots in order to construct ty with frontage on the North side of Waverley Road John M. Pallone, Ellen P. McIntyre, George M. Upon a motion by George M. Earley 4d 2nd by Joseph\D. LaGrasse the Board voted to GRANT dimensional Variances for relief from ection 7.1 lot areand table 2 for 144-146 Waverley Road of 4,797.4 sq. ft., for 148-150 Waverle oad for 5,570.3 sq. ft., and the proposed lot on Morris Street of 2,526 sq. ft. in order to construct th proposed 50'x 28' 1\te: dwelling; and upon a motion by George M. Earley and 2nd by Joseph D. LaGr sse the Board voted toT the Special Permit from Section 9, Paragraph 9.2 in order to create third lot from two pre -e, non -conforming lots in order to construct a new dwelling according to Pl of Land location North Ander, MA prepared for Kevin W. and Elizabeth Murphy by Scott L. files, #13972, Registered 'oval Land Surveyor, Scott L. Giles, Frank S. Giles Surveying, 50 D eadow Road, No. Andover,1 45, Date: December 10, 2002, Revisions: 5/12/03 on the conditions th t: 1. a new Mylar be providfl t the above Plan of Land dated December 10, 2002 and re sed 5/12/2003; 2. the foundaill s y within the 50 x 28' footprint outlined on the above pl 3. the dwelling will be one fanly; and 4. the 48" weeping willow on the northeast Morris Street fr ntage will be removed, root, brd Voting in favor: Walter F. Soule, John M. Pallone, Ellen P McIntyre, George M. Earley, aph D. Grasse. The Board finds that thV applicant has satisfied the provisions of Section Paragraph 9.2 of the zoning bylaw and that such ch ge, extension or alteration shall not be substantia more detrimental than the existing structure to th6 neighborhood and finds that the applicant has satis d the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Pagel of 2