HomeMy WebLinkAboutMiscellaneous - 2BA Elm Street 28,,w�— -N
ci
Nt
r6* 40 TN
01 1
0
.4�
0 0
' VII �_' 1. —1.-1 ls�k Y �' I
TOWN OF NORTH ANDOVER
MASSACHUSE7-iS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Senior Center, 120R Main St., North Andover, MA on Tuesday the 10th day
of August 1999, at 7:30 PM to all parties interested in the appeal of John &
Linda Schoonmaker, 28 Elm Street, North Andover requesting a Variance
from the requirements of Section 7, P7.3 of Table 2 for a side and rear setback
for a proposed addition of storage space, and proposed addition to enlarge an
existing family room and proposed addition of a deck, and for a Special Permit
under Section 9, P9.1, & 9.2 in order to enlarge a non -conforming residence.
Said premises affected is property with frontage on the North side of Elm Street
which is in the R-4 Zoning District.
Plans are available for review at the Office of the Building Dept., 27 Charles
Street, North Andover, Monday through Thursday, from the hours of 9:AM to
1: PM.
By Order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on 7/27/99 & 8/3/99.
1-0—
ID 'Cn IB, :'I
��zw rn
_UID_rQ Cg
0 (n .8 ,< W SO
1 1; .0 "'o ID 1 :3 ogaogZo
, z W CL 0 %0)
L 0 5rAL,� * '�I D CD F)_- 0 C- CD
0 C
0 r
ZU3 CD '00 CD W :r.:3 M CL CD 0 M U) M
C' Co _4
0.1 .0 0 vi -85=0 r-
M.z"S'2�"O.>*
> �4 W -ID ID 'a
:3 <0 0.0 r- CL; CL(D >a
0 zzz
300ID_0a3- "'im �� 2,
C'_
3 CL > , _.4 a I
cc C 5 K 9-") -0 s P, @' ; (") 1010, 0
-0 090 o n 1.1) '0 2. 5"
C 9aa_5>M= -
, , 0 CD >
)M
wo CD 0 >
:r Cn.0 (D 0 3 ai, :00 - 's - '-
, >, 0
-0 0 -0 '0 F
W S. - - �� '.:' Kao ..ago,
P = " CD CD _. .- (D < U)
< CD :__ 2. ct 5' CD 2 CD _M (D RL CD M
0) WRE-r�: Qu=ro mclo CL(Q G 'CD 8 CaD :03 3 � 'co 9m�
:S -7 U) (D - tO a. w
.P Sn CD 3
'zo
* 0
0
TOWN OF NORTH ANDOVER
MASSACHUSE77S
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Senior Center, 120R Main St., North Andover, MA on Tuesday the 10th day
of August 1999, at 7:30 PM to all parties interested in the appeal of John &
Linda Schoonmaker, 28 Elm Street, North Andover requesting a Variance
from the requirements of Section 7, P7.3 of Table 2 for a side and rear setback
for a proposed addition of storage space, and proposed addition to enlarge an
existing family room and proposed addition of a deck, and for a Special Permit
under Section 9, P9.1, & 9.2 in order to enlarge a non -conforming residence.
Said premises affected is property with frontage on the North side of Elm Street
which is in the R-4 Zoning District.
Plans are available for review at the Office of the Building Dept., 27 Charles
Street, North Andover, Monday through Thursday, from the hours of 9:AM to
1:PM.
By Order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on 7/27/99 & 8/3/99.
CD -4 CL
WRWHI F*=CD3 CDR <IIECD=
Z_,nc-
w 0=(0=r
CD - :2 S F�) 0
(D CL5 CD C,
0
L 0 �fl_ 5':E 'M 0, C:D� -,'IOD :V 0:3'� ID 0 1
0, ZU3 a U) CD W -0 1R. 00 2. CM, CCL, U)
0 . �iFla RK96C a Z_
=r,D 52�
& CD (D.3- =2. 3 --Z:r. wa to 8
00) co (0 --1 -0 (D no -a -s 3 8
0 M CD 0
> m
3 !"o 0< 1,D. 6 u)'o
, o r,3, Fy
0 1'4) Ca, T. 7pmo� W 0� 3. 5 -, -2 A Ea. -5y
r_ 0 OL 6 -C� — =t CL CD 0, 5.
=r U) > 0) CD o CD 3 5;3
0) C'a :r 2: N 6 0 0 -00 X 'L 0 W M
0 CD Cn 0 — V
.N ::. -
=.0 Lb- Cn- — FL
3 �g 06=6 2' CL CL
0) ? E 5. CD 0 5 -o— 'D 'n (a 9 ID � FCD 0. 3 !R
CD 3 ID
NORrdANDOVER
OML410E OF
, C'
TEE ZON!NG MtkRD OF Al"PEI.�L-
CIIARLES STP—EET
N,OR-FFI ANDOVF_7� �
_ j/LZkSSAC'k-�qjjSETT3 ()t�4�
Any appeal shall be filed
within (20) days after the
date of filing of this notice NOTICE OF DECISION
Provertv at: 28 Elm Street
. RECEIVED
JOYCE BRADSHAW
TOWN CLERK
NORTH ANDOVER
.1999. NOV I b P 1: 2 1
(978) '2
NAME: John & Linda Schoonmaker
DATE: 11110/99
ADDRESS: 28 Elm Street
PETITION #028-99
North Andover, MA 01845
HEARING: 11/9/99
The Board of Appeals held a regular meeting on Tuesday evening, November 9, 1999 upon the application of
John & Linda Schoonmaker, 28 Elm Street North Andover, MA. Petitioner is requesting a Variance from the
requirements of Section 7, Paragraph 7.3 of Table 2 for relief of side and rear setback for proposed addition of
storage space to enlarge an existing family room and proposed addition of a deck and for a Special Permit under
Section 9, Paragraph 9.1 & 9.2 in order to enlarge a non -conforming residence. Property is within the R-4 Zoning
District. . I
The following members were present: William J. Sullivan, Walter F. Soule, John Pallone, Scott Karpinski.
Upon a motion made by John Pallone, and 2nd by Scott Karpirski, the Board voted to GRANT a Variance
(dimensional relief) from the requirements of Secton 7, P7.3 for a rear setback of 3', and a side setback of 9'on West
side of building in order to allow for addition of storage space and to enlarge an existing family room and addition of a
deck, and to GRANT a Special Permit under Section 9, P9.1 & 9.2 in order to enlarge a non -conforming. residence.
In accordance with the Plan of Land by: Scott L. Giles, R.P.L.S., 1#13972, revision date of 11/3/99. Voting in favor
William.J. Sullivan, Walter F. -Soule, John Pallone, Scott Karpinski.
VARIAINCE:
The Board finds that the petitioner has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning BylaNv and
that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming
structure to the neighborhood.
SPECIAL PERMIT
The Board finds that the applicant has satisfied the provision of Section 9, paragraph 9.2 of the Zoning Bylaw and that such
change, extension or alteration shall not be more detrimental than the existing non-confcrming structure to the neighborhood.
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 tcm the date on which the Special Permit was granted
unless substantial use or construction has ccmmenced,�they shall lapse and may be re-established only after notice, and a new
hearing.
By order of the Zoning Board of Appeals
William J. Sullivan, Chairman
80.-UZD 0FA11K'.',LS BUILL)P.,.GS (,S�,-9�-15 CONSERVATION 62X -9f30 f[1L\-LT1! PLANNE',`6 �
THOMAS J. URBELIS
E-MAIL: tju@ufb.com
Mary Leary-Ippolito
T'l
00al'd of Appeals
Town of North Andover
27 Charles Street
North Andover, MA 0 1845
URBELIS, FIELDSTEEL &BAILIN, LLP
T
AN 09
155 FEDERAL STREET ' "' I 'Andover Office
BOSTON, MASSACHUSETTS 0211 0_ 1727 26 Chestnut Street
nd ve,,-�MA 01' 810-3600
RD OF AP6'11- -8-475-4552
i�one, 97
Telephone 617-338-2200 Please Send Correspondence
Telecopier 617-338-0122 To Boston Address
PRIVILEGED ATTORNEY-CLIENT 19A
COMMUNICATION
4
August 11, 1999
Re: Schoonmaker application for Variance al
28 Elm Street, North Andover
Dear Ms. Leary-Ippolito:
You had, on behalf of Mr. Sullivan, requ
Specifically you asked whether the requested Sp(
paragraph 4 of the North Andover Zoning By -La,
Based on the material presented, I have as,,
single-family or two-family residences. If this is in - _�,, i6e as it may change my
opinion. The presence of two residential buildings on one lot in the R-4 District is a non-
conforming use of the lot. § 4.122, North Andover Zoning By -Law. In addition, the existing
structure is non -conforming as it violates set back requirements.
The Supreme Judicial Court has set forth the steps the Board must follow in reviewing
proposed changes to a non -conforming residential structure. (Goldhirsh vs. McNear, 32 Mass.
App. Ct. 455 (1992)). First, the Board must identify the particular respect in which the existing
structure or use does not conform to the requirements of the present by-law. Here, you have
done that - the structure violates set back and lot dimension requirements, as well as use
requirements. Then, the Board must determine whether the proposed addition or alteration
would intensify the existing nonconformities or result in additional ones. Arguably, there would
be some intensification of the nonconformities, as the nonconforming side setback will be
extended further onto the lot and the rear setback will actually be rendered violative.
Since there is some intensification, in order to obtain a special permit, the Schoonmaker's
will need to satisfy the Board that the change will not be substantially more detrimental than the
s:\wp5 I \work\n-mdove�misc\28e1mzba. doc
_',URB'tLIS, FIELDSTEEL & BAILIN, LLP
Mary Leary-1ppolito
August 11, 1999
Page 2
existing nonconforming structure or use to the neighborhood. M.G.L. c. 40A §6. It is within the
Town's discretion to allow the proposed construction. The proposal is quite modest and may
well have no additional detrimental effect on the neighborhood, but the Board needs to consider
whether it wishes to permit a new nonconforming use to be introduced at the rear of the property.
You have specifically asked whether the existence of the nonconforming use, that is, two
houses on one lot, prohibits the grant of a special permit based on the language of §9.2, para. 4
of the Zoning By -Law. In my opinion, it does not. As this is a single family residence, the
nonconforming use as well as the nonconforming structure subject the application to the
Goldhirs ruling, as noted above. In the context of this case, I do not believe that the provision of
the By -Law you have cited is authorized by the provisions of M.G.L. c. 40A §6, nor would it be
valid as applied to a single or two family residence given the language of the statute, and the
ruling in Goldhirs . I would not advise relying on it in considering this application.
Please let me know if you have any further questions on this matter. I also note that the
plan submitted does not show any driveway or other access to the house for which the permit is
requested. The plan should reflect that so that the Board can better review the impact of the
proposed work on the area.
I
Please call if you have any further questions.
Very truly yours,
Thomas J. Okbelis
TJU:Jeh
cc: Robert J. Halpin, Town Manager
NorthAndover Board of Selectmen
, �,,Xo
0
�-Ac us
TOWN OF NORTH A
Post-ir Fax Note 7671
Date
# of 10,
1pages e—�i�
e— — z e eei ;4
C&4
Co./Dept.
Co
Phone #
,,,,one,, 9ZLe ff- L5�11
Fax # 617-30
MASSACHUSETTI S
BOARD OF AFFEALS
NI -E -M -0 -R -A -N -D -U -M
TO: Attorney Thomas Urbelis
FROM: Mary Leary-1ppolito _1� /
for William J. Sullivan,
Chairman, ZBA
DATE: 7/27/99
SUBJECT: property at: 28 Elm Street, North Andover, MA
Dear Atty. Urbelis,
John & Linda Schoonmaker of 28 Elm Street are in front of the ZBA for the August 1 Oth meeting
requesting a variance for a side setback of 9' and for a special permit in order to enlarge a legal
non -conforming residence (see application enclosed). I
My question to you is the following: asth-eSchoonmaker's home i&locatedonalot thatisalso
shared by another existing home without benefit of any boundary lines then to what extent is the
alteration or extension allowed relative to the request for a special permit. I'm referring the Zoning
Bylaw to Section 9.2 paragraph #4 i.e.; No change shall be permitted which tends to lengthen the
economic, life of the non -conforming longer than a period reasonable for the amortization of the
initial investment.
Please let me know what your opinion is' 1prior to the August 10, 1999 meeting, thank you.
enclosure
,40RT4
Ot �,110 ..q 11 , � (,( -
0 '5
0
MAT—
TOWN OF NORTH ANCOVER
MASSACHUSETTS
BOARD OF AFFEALS
M -E -M -0 -R -A -N -D -U -M
TO: Attorney Thomas- Urbelis
FROM: Mary Leary-1ppolito
for William J. SullivaO�
Chairman, ZBA
DATE: 7/27/99
SUBJECT: property at: 28 Elm Street, North Andover, MA
Dear Atty. Urbelis,
John & Linda Schoonmaker of 28 Elm Street are in front of the ZBA for the August 1 Oth meeting
requesting a variance for a side setback of 9' and for a special permit in order to enlarge a legal
non -conforming residence (see application 'enclosed).
My question to you is the following: as the Schoonmaker's home is located on a lot that is also
shared by another existing home without benefit of any boundary lines then to what extent is the
alteration or extension allowed relative to the request for a special permit. I'm referring the Zoning
Bylaw to Section 9.2 paragraph #4 i.e.; No change shall be permitted which tends to lengthen the
economic life of the non -conforming longer than a period reasonable for the amortization of the
initial investment.
Please let me know what your opinion is'� prior to the August 10, 1999 meeting, thank you.
enclosure
4 0 R T).j
-IA,
0
0
3-ACHUS
TOWN OF NORTH ANCCVE:R
MASSACHUSET-1 S
BOARD CF AFFEALS
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Senior Center, 120R Main St., North Andover, MA on Tuesday the 10th day
of August 1999, at 7:30 PM to all parties interested in the appeal of John &
Linda Schoonmaker, 28 Elm Street, North Andover requesting a Variance
from the requirements of Section 7, P7.3 of Table 2 for a side and rear setback
for a proposed addition of storage space, and proposed addition to enlarge an
existing family room and proposed addition of a deck, and for a Special Permit
under Section 9, P9. 1, & 9.2 in order to enlarge 2 non -conforming residence.
Said premises affected is property with frontage on the North side of Elm Street
which is in the R-4 Zoning District.
Plans are available for review at the Office of the Building Dept., 27 Charles
Street, North Andover, Monday through Thursday, from the hours of 9:AM to
1:PM,
By Order of 'the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on 7/27/99 & 8/3/99.
M
c� Ln �- 2 g g g. Ep r
-U 0 05 D L:� 5 Q,, -u � -0
z -. (0 2 , 3 E: 9 i Z M M
. g�'z 6.�' �'I" 2 �
L L'::E a) tj -0
Z =1 4 _. 2
ZZ 03: = R '>
E3 (D W 0 a F. " - 0 "n 1, --1
C'L � -2 00 (n > C- - -
Ei , .-* 0 (D C: (D Z- 0 -- >
Q I D .3 3 � = .0 �' In C 0
S CD CL. M ap _S� 3' Oo-a::rn=
> (D (0 (D L7 =-, < 'z' 9 I'D 'r ' >Z z 17
, :, (D 0 :3 (D - � ;j 0 -0 0 Er (D 0 � > C a C)
3 < aw'a X,Wr
C ZI (D -< >
R' -. -j V) C)
'i M <
4 3 L a� > CT 0
I.M0 W
n CL < a = R. 8 CL W 0 (D
:7 CIO CD 3 (D (D = ID Cn 0 _X CD a. L.- M> I M
a C: n N Cj)(Wc a Z - 0-_0 W CD CL M
0 0 0 fo
1 0 :r 0 CD 'n IL 0 :" 0 r
(n 1 @-0
CD
a) 0 a- -CL to (D
03 a CS F'* ja 7' 3 9 co
jo&(D� PY
Received by Town Clerk:
NORTH ANI)OVER
TO'WiN OF NrORTH ANDOVER. -),L,1SS.AC n=ETTSJUL 1124 AM 'JJ
B 0 A -R -D 0 F 410 P EA -L S
A-PPLIC,-kTION FOR REELIEF FROM THE -ZONIMN, G ORD CE
I
L
ppl can,_I�a :6 L rJa S4koollrU
T,f 1. N o. 7 b) 0 - -7 -7 It f?
1. Applicam lshe-eby=62:
a) For a ,�rNct� j5:om, the requLirernencs of Section 7
Para2rach 73, d Tabte-,:2 of the ZorLUIL7 BvIaws.
b) For a Scecial Pc-,-Iu'i ui-,de- Sect:ori -parLh-1TaPhJ,/,/
of the Zoruing Bylaws
C) S a Part,,- A,.z,-'eved. 'for r.-v'e%v o'a d-c's'on m -de bv the BuildL'IlL, Ins--eccor or othe-
auiho cilli.
2
a) Pc.-mliscs a�ffec(,-d afe land X and bu�dLini-,(s)
numbered 'F i�//%?
b) P-Lemlises a5ected aica proper-ty with f�ontage on the North (X) South East West
side of C -//Il S I re Z -
C) P7.-7111'sts affiected arc 'Ln Zoruirig Dismict /?- '/ . �,-nd pr=.,js.-s affece,� have an
area of 7 square fee, and f�onca�-,t ot- t
Ov, �ersl, C.
a) Niame and addrcss of owne:- (ifjoimt ovvne-,s.`iip. give aLl narl-es):
J-0 X n - Z ) "I At A
2
�-,6'11�7 55Y, /Vor// P117010", -f
Datc o f Purchase 7LJ //7 z -Pr.-,,'Io us 0-�vner ur'�le c, t,' -,-'�le
b) 1. If applicant is not owl -ler. check hisiher 'Miteres-L LT1 6-1 CA4rle-5
01-9 Pros-Decti-ye Purchase-, L�zssl-t Other
2. L. -,-Le.- of authorization for Val-lanct/Spe-cial Pe=it �c-�quLrcc
A//)�
:` of's
4. Site of proposed building: f
Tont: X 3 fe--t de --p;
HeIRlit stories: /0/ fe -- t.
a) ApproX' =Itc date of erection �140q 0 ill li-I loe- r'- 1
I
b) Occ-upa-nicy or use of each floor: ge'5
c 1) Type oCconstruction J'/O �'r"- J'4'�
Has there be:�,-, a previous appeal, under zo g., on these pr,-I11--1"E,-s'. 0 Wh
6. D e s c 7,ip i io n ol" r,- de f s o u ght o n t 1-� s p e t it 10 0 -,(),Oe -r 7 "4 L?e rri;l e, 0, le
-41-v
viirlqrg,�,-e� 7c -o m
7. Detd recorded *Ln the Registr-v of De -.ds in Book 3Y-16 No.—Page- ;?e- F?
Land Cour-, Ce:-,ijicate No. —Book--Pa-e—
The principai poL'PI(s upon wiiich I base my apokcaLlon are as t'011ows: (nnu�( lue szaced 'in detail)
agrce to pay the ddrig fe,-. advertising in newspaper. and M'ciderital ex-oeiLzes*
S 1 gnature o f P c, it lo ner (s,
6 oCS
The principal points upon which I base my application are as follows:
This application is submitted due to hardship. We are a growing family
living in a small house. The modest addition we propose will give us much
needed storage and a family room large enough for us to utilize.
We have worked hard over the past seven years renovating this home. We
want to continue to live in the house and the community and are therefore
submitting this application to slightly increase the storage and living space
while maintaining the scale of the house and grounds.
The proposed use is in harmony with the general purpose and intent of the
by-law. A literal enforcement of the by-law would involve substantial
hardship to the petitioner and desirable relief may be granted without
substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of the zoning by-law.
Work Sheet
Description of Variance Requested
Zoning District R-4
Required Setback Existing Setback Relief Requested
Or Area or Area
Lot Dimension 12,500ft 8,722ft /Z' �,778
Area
Street Frontage I 00ft 48.8ft ('--�51.20 pot
Dj � �
Front Setback(s) 30ft 95+ -0-
Side Setback(s) West 15ft 60ft
East 15ft 19.Oft -0-
Rear Setback(s) 30ft 27ft 3ft
Special Permit Request:
Applicant requests a special permit in order to enlarge a legal non-confon-ning residence.
Town of North Andover, Zoning Board of Appeals
APPLICANT'S PROPERITY: list by map, parcel, name and address
(FLEA,SE PRINT CLEARLY, USE BLACK INK)
OWN OF NORTH ANDOVER
Zoning Board of Appeals
27 Charles Street
North Andover. P,4� 07Ms
IVAP
PAR C
N11"IME
A
,nDDRESS
13owe - tueme-f k omeik
-R F L3 o vve- -i K 7- A/L
3 CTM —ft
ABUTTLERS PIROFE,:� -1Y. lis" by map, parc.e!, name and address
(PLEASE PRINT CLEARLY, USE SLACK INK)
i'VIAP I PARCEL
NAME
A D 0 R E-S)S
13owe - tueme-f k omeik
-R F L3 o vve- -i K 7- A/L
3 CTM —ft
st&ve ri 5 fvx4L4,j i -c I H
Io -Ane- 5-leven
54 rA
)M C
f;ye, 6vu/e
HE
ASSE�SOR'S OFF4.
E Y '. \4 L PAAL,, � t-0 Q r1J.4'4 DATE.
SFNATURE, ASSCJOR�-1 �VNOF NORTH ANDOVER
Required list of parties of interest Page one
k - of
LM ST.
Aff = 1ft
existing wall to be removed
28 Etm StAeet
Second FtooiL
THOMAS J. URBELIS
E-MAIL: tju@ufb.com
Mary Leary-1ppolito
-Duaid of'Appeals
Town of North Andover
27 Charles Street
North Andover, MA 0 1845
W F,4'
URBELIS, FIELDSTEEL & BAILIN, LLP
155 FEDERAL STREET W9And'over O'ffice
BOSTON, MASSACHUSETTS 02110-1727 jv� 26 Chestnut Street
dover,-�4A 01810-3600
i�one 978-475-4552
RD OF AF�
Telephone 617-338-2200
Telecopier 617-338-0122
PRIVILEGED ATTORNEY-CLIENT
COMMUNICATION
August 11, 1999
Re: Schoonmaker application for Variance and Special Permit
28 Elm Street, North Andover
Dear Ms. Leary-lppolito:
Please Send Correspondence
To Boston Address
You had, on behalf of Mr. Sullivan, requested my opinion regarding the above matter.
Specifically you asked whether the requested Special Permit was prohibited by section 9.2,
paragraph 4 of the North Andover Zoning By -Law.
Based on the material presented, I have assumed that both of the houses on the lot are
single-family or two-family residences. If this is not correct, please advise as it may change my
opinion. The presence of two residential buildings on one lot in the R-4 District is a non-
conforming use of the lot. § 4.122, North Andover Zoning By -Law. In addition, the existing
structure is non-conforining as it violates set back requirements.
The Supreme Judicial Court has set forth the steps the Board must follow in reviewing
proposed changes to a non -conforming residential structure. (Goldhirsh vs. McNear, 32 Mass.
App. Ct. 455 (1992)). First, the Board must identify the particular respect in which the existing
structure or use does not conform to the requirements of the present by-law. Here, you have
done that - the structure violates set back and lot dimension requirements, as well as use
requirements. Then, the Board must determine whether the proposed addition or alteration
would intensify the existing nonconforinities or result in additional ones. Arguably, there would
be some intensification of the nonconfonnities, as the nonconforming side setback will be
extended further onto the lot and the rear setback will actually be rendered violative.
Since there is some intensification, in order to obtain a special permit, the Schoonmaker's
will need to satisfy the Board that the change will not be substantially more detrimental than the
s: \wp5 I \work\n-andove\mi sc\2 8e]mzba. doe
i UKBELIN, t FIELD�TEEL & BAILIN, LLP
Mary Leary-1ppolito
August 11, 1999
Page 2
existing nonconforming structure or use to the neighborhood. M.G.L. c. 40A §6. It is within the
Town's discretion to allow the proposed construction. The proposal is quite modest and may
well have no additional detrimental effect on the neighborhood, but the Board needs to consider
whether it wishes to pennit a new nonconforming use to be introduced at the rear of the property.
You have specifically asked whether the existence of the nonconforming use, that is, two
houses on one lot, prohibits the grant of a special permit based on the language of §9.2, para. 4
of the Zoning By -Law. In my opinion, it does not. As this is a single family residence, the
nonconforming use as well as the nonconforming structure subject the application to the
Goldhirsh ruling, as noted above. In the context of this case, I do not believe that the provision of
the By -Law you have cited is authorized by the provisions of M.G.L. c. 40A §6, nor would it be
valid as applied to a single or two family residence given the language of the statute, and the
ruling in Goldhirsh. I would not advise relying on it in considering this application.
Please let me know if you have any further questions on this matter. I also note that the
plan submitted does not show any driveway or other access to the house for which the permit is
requested. The plan should reflect that so that the Board can better review the impact of the
proposed work on the area.
Please call if you have any further questions.
Very truly yours,
TJUJeh Thomas J. Okbelis
cc: Robert J. Halpin, Town Manager
North Andover Board of Selectme.-n-
Ln L-,
I -P I-
Lp
M
hma, �c
Oo
V% Ln -7
,- N) in
� -0�O
04
V2
0
M
C) 4
kr)
'IT
00
rd
a
AUG 05 '99 12:29PM URBELIS FIELDSTEEL BAILIN LLP P.2
' ---k4
URBELIS) FMLDSTEEL & 13AMN, LLP ELiAUS 5 19%
155 FEDERAL STREET
Andover Office
BOSTON, MASSACHUSETTS 02110-1727
, L -61810-3600
60—"v.Rb 0 AndovcLMA
� _ w,,J
F
WePh�Ot 9?8-475-4552
Telephone 617-338-2200
Telecopier 617-338-0122
August 5, 1999
YtA-FK1Jm&
Mary Leary-1ppolito
Zoning Board of Appeals
27 Charles Street
North Andover, MA 0 1845
Re: 28 Elm Street, North Andover, MA
Dear Mary:
Ploase Send ConcQondence
To Boston Address
C/
Mr. Urbelis called while he was on vacation. While he just received today
the Package which you sent to him on July 27, he asked if you would please
continue this matter from the August 10th meeting to the next scheduled meeting
date.
Thank you.
d=m=r4
Very truly yours,
Julie E. Hanscom, Secretary to
Thomas T Urbelis
I kORTH
0
0
Is -TACHU
TOWN OF NOR
Post-ir Fax Note 7671
Date
1P
# of 10.
1pages 0-7t,�
To
ra& e-- See�elr.41-1
From
Co./Dept. X 4rlv, &xez
Co. 13 13,49
Phone #
Phone if 97j) fjv, �,:Wl
Fax#6/;7_3.).p _dl,7 _F
Z
Fax #
MASSACHUSETTS
BOARD OF AFFEALSS
M -E-M-0-R-A-N-D-U-M
TO: Attorney Thomas Urbelis
FROM: Mary Leary-1ppolito -1� /
for William J. Sullivan,
Chairman, ZBA
DATE: 7/27/99
SUBJECT: property at: 28 Elm Street, North Andover, MA
Dear Atty. Urbelis,
John & Linda Schoonmaker of 28 Elm Street are in front of the ZBA for the August 1 Oth meeting
requesting a variance for a side setback of 9' and for a special permit in order to enlarge a legal
non -conforming residence (see application enclosed).
My question to you is the following: as the Schoonmaker's home is located on a lot that is also
shared by another existing home without benefit of any boundary lines then to what extent is the
alteration or extension allowed relative to the request for a special permit. I'm referring the Zoning
Bylaw to Section 9.2 paragraph #4 i.e.; No change shall be permitted which tends to lengthen the
economic life of the non -conforming longer than a period reasonable for the amortization of the
initial investment.
Please let me know what your opinion it' 'prior to the August 10, 1999 meeting, thank you.
enclosure
0
0
,7A C H
TOWN OF NORTH ANCOVER
MASSACHUSETT S
BOARD OF AFFEALS"
M -E -M -0 -R -A -N -D -U -M
TO: Attorney Thomas Urbelis
FROM: Mary Leary-1ppolito -1�
for William J. Sullivan,
Chairman, ZBA
DATE: 7/27/99
SUBJECT: property at: 28 Elm Street, North Andover, MA
Dear Atty. Urbelis,
John & Linda Schoonmaker of 28 Elm Street are in front of the ZBA for the August 1 Oth meeting
requesting a variance for a side setback of 9' and for a special permit in order to enlarge a legal
non -conforming residence (see applicat�ion enclosed).
My question to you is the following: as the Schoonmaker's home is located on a lot that is also
shared by another existing home without benefit of any boundary lines then to what extent is the
alteration or extension allowed relabve to the request for a special permit. I'm referring the Zoning
Bylaw to Section 9.2 paragraph #4 i.e.; No change shall be permitted which tends to lengthen the
economic life of the non -conforming longer than a period reasonable for the amortization of the
initial investment.
Please let me know what your opinion is,%prior to the August 10, 1999 meeting, thank you.
enclosure
Post -it'
Fax Note
TO
Co./Dept.
Phone #
r X # 9
72- 2f,1,,
7671 Date # of
pages
From
Co. 2a �
Phone #
,,A
jrax,, t�) 17f/ 1,AP,
hO
RTk
NORTH ANDOVER
OFFICE OF
THE ZONLNG BOARD OF APPEAL-',
27 CHARLES STREET
NORTH A�NDOVER, NLASSACHUSET-1 S 0 1845
,FA'X (97 683-954"
Date: —1-0/a/1 I .
TO: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
phone # 978-688-9541
fax # 978-688-9542
Please be advised that I have agreed to waive the time constraints for
the Zoning Board of Appeals to make a decision regarding the granting of a
VARIANCE for property located at:
STREET �4
TOWN:
NAME OF PETITIONER. JU?
Signed:
petititner (or petitioner's representative)
10.4 Variance and Appeals .-- �
The Zoning Board of Appeals shall have power upon appeal to grant variances from the
terms of this Zoning Bylaw 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, and that desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of this Bylaw,
MI/variance
D�"'.GS 6SS-95-15 CONS E? V.-kT-�ON 6)2X-9'30 H—E.A PLANFNIING 6S.S-9535
OF �211E.A_L'S 630- 1 8U.-
Cr .1� %%
NOL\
IL
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEALb
27 CHARLES S —1R.EET
NORTH ANDOVER, MASSACHUSETTS 0 1 84�
FAX (978) 688-9542—
Date: ILI
TO: Town of North Andover
Zoning Board of Appeals 613 -7 7V
27 Charles Street
North Andover, MA 01845
phone # 978-688-9541
fax # 978-688-9542
An
Please be advised that I have agreed to waive the time constraints for
the Zoning Board of Appeals to make a decision regarding the granting of a
SPECIAL PERMIT for property located at:
STREET:
TOWN:
NAME OF PETITIONER:
Signed:
ATTACHMENT
ml/variance
(or petitioner's representative)
BOA=OFA-PPEALS683-9541 2UILDINCS6SS-9545 CONSERVATION 68S-9530 HEALTH63�9-9540 PLA-N-NI-NG6SS-9535
q0
Section 9 Special Permits The Zoning Act 12-96, Mass. General Laws Chapter 40A
Each application for a spedal permit shall be filed by the petitioner with the
city or town clerk and a copy of said application, including the date and time
of filing certified by the city or town clerk, shall be filed forthwith by the
petitioner with the special permit granting authority. The special permit
granting authority shall hold a public.hearing, for which notice has been
given as provided in section eleven, on any application for a special permit
within sixty-five days from the date of filing of such application; provided,
however, that a city council having more than five members appoint a
committee of such council to hold the public hearing. The decision of the
special permit -granting authority shall be made within ninety days following
the date of such public hearing. The required time limits for a public hearing
and said action, may be extended by written agreement between the
petitioner and the special permit -granting authorily. A copy of such
agreement shall be filed in the office of the city or town clerk. A special
permit issued by a special permit granting authority shall require a two-thirds
vote of boards with more than five members, a vote of at least four
members of a five member board, and a unanimous vote of a three member
board.
mi/spermit
0 41999
CT
October 04, 1999
To: North Andover Zoning Board
From: John and Linda Schoonmaker
Re: Variance request at 28 Elm Street
Please be advised that we are unable to provide an elevation drawing for the
next zoning board meeting. This expense was unexpected and we are trying
to determine a way to fulfill your request cost effectively. Our plans to
rebuild our family room were based on a very restricted budget and this
additional expense is a hardship. We are requesting an extension to
determine how we can meet your requirements.
Sincerely,
o �and La"Sc-h0o=7ak:L-----
THOMAS J. URBELIS
E-MAIL: tju@ufb.com
Mary Leary-Ippolito
Boaid of Appeals
Town of North Andover
27 Charles Street
North Andover, MA 0 1845
URBELIS, FIELDSTEEL & BAILIN, LLP
155 FEDERAL STREET AN 1%9A.d�over Office
BOSTON, MASSACHUSETTS 02110-1727 26 Chestnut Street
.,t dove,,�IA 6810-3600
k'ARD OF Affl hone 9, 8-475-4552
p -
Telephone 617-338-2200 Please Send Correspondence
Telecopier 617-338-0122 To Boston Address
PRIVILEGED ATTORNEY-CLIENT 16A
jA
COMMUNICATION
August 11, 1999
Re: Schoonmaker application for Variance and Special Pen -nit
28 Elm Street, North Andover
Dear Ms. Leary-Ippolito:
You -had, on behalf of Mr. Sullivan, requested my opinion regarding the above matter.
Specifically you asked whether the requested Special Permit was prohibited by section 9.2,
paragraph 4 of the North Andover Zoning By -Law.
Based on the material presented, I have assumed that both of the houses on the lot are
single-family or two-family residences. If this is not correct, please advise as it may change my
opinion. The presence of two residential buildings on one lot in the R-4 District is a non-
conforming use of the lot. § 4.122, North Andover Zoning By -Law. In addition, the existing
structure is non -conforming as it violates set back requirements.
The Supreme Judicial Court has set forth the steps the Board must follow in reviewing
proposed changes to a non -conforming residential structure. Goldhirsh vs. McNear, 32 Mass.
App. Ct. 455 (1992)). First, the Board must identify the particular respect in which the existing
structure or use does not conform to the requirements of the present by-law. Here, you have
done that - the structure violates set back and lot dimension requirements, as well as use
requirements. Then, the Board must determine whether the proposed addition or alteration
would intensify the existing nonconformities or result in additional ones. Arguably, there would
be some intensification of the nonconformities, as the nonconforming side setback will be
extended further onto the lot and the rear setback will actually be rendered violative.
Since there is some intensification, in order to obtain a special permit, the Schoonmaker's
will need to satisfy the Board that the change will not be substantially more detrimental than the
s:\wp5 1\�ork�n-andoveVnisc\28elmzba. doc
� I t . .
,URBELIS, FIELDSTEEL & BAILIN, LLP
Mary Leary-Ippolito
August 11, 1999
Page 2
existing nonconforming structure or use to the neighborhood. M.G.L. c. 40A §6. It is within the
Town's discretion to allow the proposed construction. The proposal is quite modest and may
well have no additional detrimental effect on the neighborhood, but the Board needs to consider
whether it wishes to permit a new nonconforming use to be introduced at the rear of the property.
You have specifically asked whether the existence of the nonconforming use, that is, two
houses on one lot, prohibits the grant of a special permit based on the language of §9.2, para. 4
of the Zoning By -Law. In my opinion, it does not. As this is a single family residence, the
nonconforming use as well as the nonconforming structure subject the application to the
Goldhirs ruling, as noted above. In the context of this case, I do not believe that the provision of
the By -Law you have cited is authorized by the provisions of M.G.L. c. 40A §6, nor would it be
valid as applied to a single or two family residence given the language of the statute, and the
ruling in Goldhirs . I would not advise relying on it in considering this application.
Please let me know if you have any further questions on this matter. I also note that the
plan submitted does not show any driveway or other access to the house for which the permit is
requested. The plan should reflect that so that the Board can better review the impact of the
proposed work on the area.
Please call if you have any further questions.
TJ_UJeh
cc: Robert J. Halpin, Town Manager
North Andover Board of Selectrnen
Very truly yours,
Thomas J. Okbelis
OCT 41999
October 04, 1999
To: North Andover Zoning Board
From: John and Linda Schoonmaker
Re: Variance request at 28 Elm Street
Please be advised that we are unable to provide an elevation drawing for the
next zoning board meeting. This expense was unexpected and we are trying
to determine a way to fulfill your request cost effectively. Our plans to
rebuild our family room were based on a very restricted budget and this
additional expense is a hardship. We are requesting an extension to
determine how we can meet your requirements.
Sincerely,
o hn and Linda Schoo3�`nmaker
and L
URBELIS, FIELDSTEEL & BAILIN, LLP
155 FEDERAL STREET 1%9A.d�over Office
BOSTON, MASSACHUSETTS 02110-1727 26 Chestnut Street
rndov,�4A 01810-3600
R�one 91.8-475-4552
OF AP6
THoMAS J. URBELIS Telephone 617-338-2200 Please Send Correspondence
E-MAIL: tju@ufb.com Telecopier 617-338-0122 To Boston Address
PRIVILEGED ATTORNEY-CLIENT
COMMUNICATION
August 11, 1999
Mary Leary-1ppolito
Buajicd of Appeals
Town of North Andover
27 Charles Street
North Andover, MA 0 1845
Re: Schoorunaker application for Variance and Special Permit
28 Elm Street, North Andover
Dear Ms. Leary-Ippolito:
You -had, on behalf of Mr. Sullivan, requested my opinion regarding the above matter.
Specifically you asked whether the requested Special Permit was prohibited by section 9.2,
paragraph 4 of the North Andover Zoning By -Law.
Based on the material presented, I have assumed that both of the houses on the lot are
single-family or two-family residences. If this is not correct, please advise as it may change my
opinion. The presence of two residential buildings on one lot in the R-4 District is a non-
conforming use of the lot. § 4.122, North Andover Zoning By -Law. In addition, the existing
structure is non -conforming as it violates set back requirements.
The Supreme Judicial Court has set forth the steps the Board must follow in reviewing
proposed changes to a non -conforming residential structure. Goldhirsh vs. McNear, 32 Mass.
App. Ct. 455 (1992)). First, the Board must identify the particular respect in which the existing
structure or use does not conform to the requirements of the present by-law. Here, you have
done that - the structure violates set back and lot dimension requirements, as well as use
requirements. Then, the Board must determine whether the proposed addition or alteration
would intensify the existing nonconformities or result in additional ones. Arguably, there would
be some intensification of the nonconformities, as the nonconfon-ning side setback will be
extended further onto the lot and the rear setback will actually be rendered violative.
Since there is some intensification, in order to obtain a special permit, the Schoonmaker's
will need to satisfy the Board that the change will not be substantially more detrimental than the
s:\wp5 I \work\n-andove\rnisc\28elmzba.doc
URBELIS, FIELDSTEEL & BAILIN, LLP
Mary Leary-1ppolito
August 11, 1999
Page 2
existing nonconforming structure or use to the neighborhood. M.G.L. c. 40A §6. It is within the
Town's discretion to allow the proposed construction. The proposal is quite modest and may
well have no additional detrimental effect on the neighborhood, but the Board needs to consider
whether it wishes to permit a new nonconforming use to be introduced at the rear of the property.
You have specifically asked whether the existence of the nonconforming use, that is, two
houses on one lot, prohibits the grant of a special permit based on the language of §9.2, para. 4
of the Zoning By -Law. In my opinion, it does not. As this is a single family residence, the
nonconforming use as well as the nonconforming structure subject the application to the
Goldhirs ruling, as noted above. In the context of this case, I do not believe that the provision of
the By -Law you have cited is authorized by the provisions of M.G.L. c. 40A §6, nor would it be
valid as applied to a single or two family residence given the language of the statute, and the
ruling in Goldhirs . I would not advise relying on it in considering this application.
Please let me know if you have any further questions on this matter. I also note that the
plan submitted does not show any driveway or other access to the house for which the permit is
requested. The plan should reflect that so that the Board can better review the impact of the
proposed work on the area.
Please call if you have any further questions.
Very truly yours,
Thomas J. Obelis
TJTJ.j eh
cc: Robert J. Halpin, Town Manager
NorthAndover Board of Select -men
URBELIS, FIELDSTEEL & BAILIN, LLP
155 FEDERAL STREET AN 1%9Andover Office
BOSTON, MASSACHUSETTS 02110-1727 26 Chestnut Street
verjMAO]810-3600
"ARD OF ANI'i�()118-475-4552
THOMAS J. URBELIS Telephone 617-338-2200 Please Send Correspondence
E-MAIL: tju@ufb.com Telecopier 617-338-0122 To Boston Address
PRIVILEGED ATTORNEY-CLIENT 19A
COMMUNICATION . Jij�
4
August 11, 1999
Mary Leary-Ippolito
Board oi'Appeals
Town of North Andover
27 Charles Street
North Andover, MA 0 1845
Re: Schooninaker application for Variance and Special Permit
28 Elm Street, North Andover
Dear Ms. Leary-Ippolito:
You had, on behalf of Mr. Sullivan, requested my opinion regarding the above matter.
Specifically you asked whether the requested Special Permit was prohibited by section 9.2,
paragraph 4 of the North Andover Zoning By -Law.
Based on the material presented, I have assumed that both of the houses on the lot are
single-family or two-family residences. If this is not correct, please advise as it may change my
opinion. The presence of two residential buildings on one lot in the R-4 District is a non-
conforming use of the lot. § 4.122, North Andover Zoning By -Law. In addition, the existing
structure is non-confonning as it violates set back requirements.
The Supreme Judicial Court has set forth the steps the Board must follow in reviewing
proposed changes to a non -conforming residential structure. Goldhirsh vs. McNear, 32 Mass.
App. Ct. 455 (1992)). First, the Board must identify the particular respect in which the existing
structure or use does not conform to the requirements of the present by-law. Here, you have
done that - the structure violates set back and lot dimension requirements, as well as use
requirements. Then, the Board must determine whether the proposed addition or alteration
would intensify the existing nonconformities or result in additional ones. Arguably, there would
be some intensification of the nonconformities, as the nonconforming side setback will be
extended further onto the lot and the rear setback will actually be rendered violative.
Since there is some intensification, in order to obtain a special permit, the Schooninaker's
will need to satisfy the Board that the change will not be substantially more detrimental than the
s:\wp5 I \work\n-andove\tnisc\28el=ba.doc
I
U BEL18, FIELDSTEEL & BAILIN, LLP
�F�
Mary Leary-Ippolito
August 11, 1999
Page 2
existing nonconfonning structure or use to the neighborhood. M.G.L. c. 40A §6. It is within the
Town's discretion to allow the proposed construction. The proposal is quite modest and may
well have no additional detrimental effect on the neighborhood, but the Board needs to consider
whether it wishes to permit a new nonconforming use to be introduced at the rear of the property.
You have specifically asked whether the existence of the nonconforming use, that is, two
houses on one lot, prohibits the grant of a special pen -nit based on the language of §9.2, para. 4
of the Zoning By -Law. In my opinion, it does not. As this is a single family residence, the
nonconforming use as well as the nonconforming structure subject the application to the
Goldhirs ruling, as noted above. In the context of this case, I do not believe that the provision of
the By -Law you have cited is authorized by the provisions of M.G.L. c. 40A §6, nor would it be
valid as applied to a single or two family residence given the language of the statute, and the
ruling in Goldhirsh. I would not advise relying on it in considering this application.
Please let me know if you have any further questions on this matter. I also note that the
plan submitted does not show any driveway or other access to the house for which the permit is
requested. The plan should reflect that so that the Board can better review the impact of the
proposed work on the area.
i
Please call if you have any further questions.
Very truly yours,
Thomas J. Okbelis
TJUJeh
cc: Robert J. Halpin, Town Manager
North Andover Board of Select-ril-en
LLIAM J. SCOTT
,Director
(978) 688-9531
TO:
FAX Number:
FIRIOM:
DATE. -
SUBJECT
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
27 Charles Street
North Andover, Massachusetts 0 1845
FAX TransmisSion
J)on
x, IF 1%
I=Wozzom
Town of Porffi Andover
Zoning Board of Appeals
FAX: 978-688-9542
PHONE: 978-688-0,541
Total number of pages: L�
4,
TH
0 0
Fax (973) 633-c)_542
�0
REMARKS: Attached is a fax containing your legal notice. As you are aware, the attached legal
notice has to be placed with the legal notice department of the Lawrence Eagle -Tribune and it is
your responsibility to do so as -soon -as -possible In order to meet the required deadline. Failure to
place the legal notice in the paper within the required deadline will mean 'that you will not be able to
be placed on the ZEA agenda for the upcoming meeting. The phone number for the Eagle
Tribune is: 978-685-1000, ext. #412, should you require further assistance.
Ml/fax
y
_130.-�RTJ OF 632 -5f -'i HaL::Nc 63li-IIIJ-15 CCNS71,,VAT7CNt 6032-9f]�,') ALT:i 523-95-11) PLAi""N!,,�U
LM ST.
1/411 = 1ft
existing wall to be removed
28 Etm St,,Leet
Second Hoot
—1