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HomeMy WebLinkAboutMiscellaneous - 3 HODGES STREET 4/30/20184f ,j) ,-9 LU LU C, co 4 LU 0 CD 9 00 0 cci I "� f— CD PD CD 0 p 5) F� Q (D UI -u CD 0 M 166 P 1� :- 3-11 HD ) e " St. Cj-,6 L�) �0551 j 0 m CD 6 co 0 0 C? 4�- r- 00 o CD 3 CD (D 0- 0 > CD m 4 r- ;u > 0 0 00 0 a X 0 M co 0 m ri) M m m -q L- cn x m 0 2L- G) 4- 0 ci) 0 0) CD 0 0 :3 w 0 w C) OD .9 -4= rl) 9� 0 w w N) (A c 0 .;, � Cl) -4 0 CD r Q 6 x 0 (D CL -n U) Ch 0 o m ;a 0 > r' m o 0 z 0 G) CL M:E m 0 C -D < :03 0 X ch 0 n ;a m P! 0 Q X z M;D ;a M > r z z E m > M 0 c -4 (A 00 T > MO 0 M m x j 0 0) CO) CD — X (D G) -a C-) I 0 14 ;a 7' u o CL > CA CL o > @ !� R C 03 8m OD 4 0 -40 X CD G) C/) CD C/) (1) @ E R 0) 0) U). = CD CD CD CD C.3L < -10 -v C) co r- 2L'< 0) =3. '090 CD CD CR 0 > CO) -9 CD Z 0 > cn (a o (1) c 0 '00 0 o 0 0 0 m 0 o 0 OTM C) U) CD., m 0 B C(i CD M 0 -1 aca 0 Cil a) I& WO tj P, C'n 3 ;0 0 -- C.) 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Building, North Andover, on Tuesday evening the 14 on Tuesday evening the 14 day Of October '986' at 7.30 o'clock, to all Parties day of October 1986, at ad in the appeal Of 7:30 o'clock, to all parties interest , interested in the appeal of Robert K. 001910 request - Ing a Special Permit of the Robert K. Daigle request- Zoning By Law SO as to ing a Special Permit of the permit of Sec. 9. Para. 91, Zoning By Law so as to expansion of non -conform - permit of Sec. -9, Para. 9.1, Ing building for a purpose expansion of non -conform- d In a general buSI- allowe rem - Ing building for a Purpose ness district On the P allowed in aigeneral busi- is.s, located at Hodge$ ness district on the prem- street* ises, located at Hodges By order of the Board Of Street. Appeals By 'Order of the Board of Frank Serlo, Jr. Appeals Chairman. Frank Serio, Jr. Sept. 27, 29, 1986 Chairman E -T E -T — Sept. 27, 29, 1986 TOWN OF HORTH ANDOVER MASSACHUSETTS , 41 : i .00 0 ,vs. us BOARD or, pPPEALS NOTICE September 25 1986 Notice is hereby glv�n that Board -1 )kPP"" will give I the Town a hear ng 8' n over. ull Ing, 0 , 'y vening the 14 on of CIO or i9se, at day , I I to 811 parties 7-.30 0 c I of interested In the OPPeOest. rt Igj9 requ ,at Of it of the Ing a pec 0 as to Zoning By, Law are. 9.1, permit 01 Sec. 9' conform - expansion 0, non- purpose Ing building 101 8 1 b Sl - allowed in a genera pr u ness district on the em- ises located at Hodges Street. of the Board of By order Appeals F,,�k Serlo, Jr. Chairman 11, E -T — Sept. � 29. '40"Th 0 4 0 0 0 4; TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Date - Dear Applicant: Enclosed is a copy of the legal notice for your application before the Board of Appeals. Kindly submit for the following: Filing Fee $ Postage Your check must be made payable to the Town of North Andover and may be sent to.my attention at the Town office Building, 120 Main Street, North Andover, Mass. 01845. Sincerely, BOARD OF APPEALS ........ .. ....... Audre�y. Taylor, Clerk -0 It APIM711 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS September - 2.5 .19-86 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on .... Tuesday . even.ing .. .... the 14 .. day of . October ............ 19. 8 (� at 7 : Mclock, to all parties interested in the appeal of Robert. K, -Daigle ................................ requesting a 5,pe-qi a I P e . r . mi . t of the Zoning of Sec 9, Para 9.1 By Law so as to permit ................................... expansi.on. of. non.7Cp.nfo.rmipg. b�ui.l.din.g. f.or a purpose -al-low-ed. -in. -a - gene-ral. -busine.ss. -district .......... I ........... -1 ........................ ............. I ........... ............................ on the premises, located at. . H o d g e s - S t r e e. t ..................................................... By Order of.the Board of "ppeal Frank Serio, Jr., Chairman Publish in the Lawrence Eagle Tribune on Sept 27 and Sept 29, 1986 L D AN TCII� ER i OCT 2 3 9 44 AVI '85 SSA TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel Long, Town Clerk 120 Main St. North Andover, MA 01845 Dear Mr. Long: Any appeal shall be filed within (20) C?,I,\'s after the dat-2 Of a, �. cf this Notice in the Office of the Town Clerk. October 22, 1986 Petition #32-87 Robert * K. Daigle Hodges Street The Board of Appeals held a public hearing on October 14, 1986 upon the application of Robert K. Daigle requesting a Special Permit of Section 9,'Paragraph 9.1 of the Zoning ByLaws so as to permit expan- sion of non -conforming building for a purpose allowed in a general business district. The following members were present and voting: Alfred Frizelle, Vic ' e -chairman, Augustine Nickerson, Clerk, William Sullivan, Walter Soule and Raymond Vivenzio. The hearing was advertised in the Lawrence Eagle Tri,bune on September 27 and September .29, 1986 and all abutters were notified by regular mail. Upon a motion made by William Sullivan and seconded by Augustine Nickerson, the Board voted unanimously to DENY the Special Permit as requested. The Board finds that adding to the pre-existing non -conforming building would be a substantial detriment to the neighborhood and would be above the 25% aggregate allowed by Section 9, Paragraph 9.2(3) of the Zoning ByLaws. Further, the Board finds that a proposed parking area across the street in question is not in accordance with the provisions of the Zoning ByLaws. Sincerely, BOARD OF APPEALS Alf,'ked Frize-Ije, Vice-chairman /awt A '00 0 E,- F 1 9 0 A AmL7" T 0 '11! N 01m) T �i OCT 3 19' 4 4 A AnY aPPeal shall be filed TOWN OF NORTH ANDOVER MASSACHUSETTS Within (20) ClaYs after the dato Of fi Of this NOtice in tile Office Of the BOARD OF APPEALS Clerk, TOWn NOTICE OF DECISION Robert K.,Daigle Date .... Cc t ob er. .2 2., . 19 6-.6 .. 1521 Great Pond Rd. N. Andover, MA 01845 Petition No.. . 3 2 , 9 7 ............. Date of Hearing. October.. .,..1986 Decision: October 21, 1986 Petition of .... Rob-ert- -K-.- -Da:igl-e ................................... ! .................. Premises affected ................... Hodge-s-Stre-et ............ Special Permit Referring to the above petition for a ypxix#mfrom the requirements ofAk(K. Se c.tion .9.,... Para -graph. .9. I.of the. Zoni.ng..ByLaws ........................................... 90astOPermit -expansion —of - non�-tconf oxming. bui.ld�.ng..f or..a. pvrpQpg. ?L.jjpwed .i.n.,a..gen.e.r.al.-busin.ess..distr.ict .................................................. After a public hearing given on the above date, the Board of Appeals voted to ... DERY .... the S p ep i a.1. . P.e. r mi. t .................. NO& kft]§W XXtM3HftX H%XEWYdW kNW*Xf6XMAXaX P)VXRiA)k -Th-e - B-oard . f -eel -s . that-.ad.din.g. to. t.-he..p��e.--�existixi.g..zio.ri7qQp;�Q-rpiing building would be a substantial detriment to the neighborhood and would be above the 25% aggregate allowed, by Section 9, Paragraph 9.2(3) of the Zoning ByLaws. Further, the Board finds that a propose*d parking area across the street in quastion is not in accordance with the provisions of the Zoning ByLaws. Signed Af rd F lle, Vice-chairman r I _ n N c k 6' *§ 6h ... C 1 6'r k' William Suli'iva*n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Walter Soule . . . . . . . . . . . . . . ; . . . ... . . . . . . . . . ... . . . . . . . . Raymond Vivenzio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals ij T 7-'. '117 '. 0 OCT Zi S' ,,OPtTH SA TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel Long, Town Clerk 120 Main St. North Andover, MA 01845 Dear Mr. Long: Any appc-al Shall be filed wit"_,'ill (20) d,7,N,/s, after the i L_ 1.11-', 1 1 Of c': this Notice in the Offrice of the Town Clerk. October 22, 1986 Petition #32-87 Robert ' K. Daigle Hodges Street The. Board of Appeals held,a public hearing on October 14, 1986 upon the application of Robert K. Daigle r uesting a Special Permit of u Section 9, Paragraph 9.1 of the Z I ng yLaws so as to permit expan- p sion of non -conforming building r a ) rpose allowed.in a general m b'usiness district. The followinf Kme be s were present and voting: Alfred Frizelle, Vice-chairman, Au ustine Nickerson, Clerk, William v Sullivan, Walter Soule and Raymc V-11 nzio. The hearing was advertised in Lawrence Eagle Tribuneon September 27 and September 29,.1986 and alltNautters were notified by regular mail. On a motion made by WilLiam Su lli an and seconded by Augustine Nickerson, the -Board voted h6'V'N�Y�t e Special Permit as requested. The Board that add' the pre-e>;,i t, lding incr no,n- for b t would be 'g:t g --ti-s-e a s bs antial d riKnt to t-e- �5��and w ld bd above the 25% aggre te 1 d 9. 1 SectionA. P agr ph 3) of the Zoning ByLaws. r iftg r a bd d of a ��a in sti n across in q sti is not in :2 it ere Sinc BOARD OF APPEALS Nk. Alfred Frizelle, Vice-chairman /awt 'A0 T" 01 a D i� T al SACH OCT 11 '85 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Mr. Daniel Long, Town Clerk 120 Main St. North Andover, MA 01845 Dear Mr. Long: Any appeal shall be filcd withlin cl;�Nl!s aftor the X I L I Of c " " his Notice in the O'Hice of the Town Clerk. October 22, 1986 Petition #32-87 Robert.K. Daigle Hodges Street The. Board of Appeals held,a public hearing on October 14, 1986 upon the application of Robert K. Daigle uesting a Special Permit of Section 9, Paragraph 9.1 of the Zo ing yLaws so as to permit expan- sion of non -conforming building r a p.rpose allowed,in a general m e m and voting: business district. The followin membe s were present u Alfred Frizelle, Vice-chairman, A<uVst' e Nickerson, Clerk, William '3 _��Iv nzio. Sullivan, Walter Soule and Raymond The hearing was advertised in t Lawrence Eagle Tribune on September 27 JJN and S,eptember 29, 1986 and al a u tters were notified by regular mail. on a motion made by Will.,,iam Su li an and seconded by Augustine Nickerson, the -Board voted t`o'7_�NY�t e Special Permit as requested. The Board that add* 0 the pre- xj§tinq f n building would be J=stantial d rim n t t o -Cgftr 0 an w ld b above the 25% aggre te 1 dela4gj;�/ cL Section P agr ph 9. 3) o the Zoning ByLaws. �Vi g a across in q sti n is not in 1 d b 0 3 )t) i q s i in Sincere BOARD OF APPEALS Alfre�T_Frizelle, Vice�chairman /awt LAW OFFICES OF GERALD M. COHEN ONE ELM SQUARE ANDOVER, MASSACHUSETTS 01810 617/475-5500 GERALD M. COHEN (Mass. & N.H.) DANA S. COHEN ROGER A. DuPONT DONNA E. COHEN (Of Counsel) October 21, 1986 Zoning Board of Appeals Town Ra -1-1--_ North Andover, MA 01845 Re: Robert K. Daigle Special Permit Application for Hodges Street Property. Dear Sirs/Madam: BOSTON OFFICE 130 BOWDOIN STREET SUITE 1802 BOSTON, MA 02108 Please accept the enclosed Memorandum of Law in reference to the above matter to be used at the special meeting of the Board of Appeals on Tuesday, October 21, 1986. If there are any questions regarding this matter, please contact us at this office. sincerely, _,,�Ge�raldM. Coheen, Esq. Encl. MEMORANDUM Subject: Special Permit Application by Robert K. Daigle for Hodges Street Date: October 20, 1986 Name: Law Offices of Gerald M. Cohen One Elm Square Andover, MA 01810 617-475-5500 Facts: The structure in question is a vacant, dilapidated garage located on Hodges Street. It is a pre-existing noncomformity use located in the General Business District because front, side and rear set backs are not in comformance with current zoning requirements. The Applicant filed for a Special Permit under Section 9.1 of the North Andover Zoning Bylaws. The purpose of the Special Permit is to allow the Applicant to extend the roof line, so as to add two apartment'units on a second floor. A public hearing was held on Tuesday, October 14. The Board closed the hearing and took the matter under advisement. Discussion: Section 9.1 Requirements Section 9.1 of the North Andover Zoning Bylaws permits the continuation of a non-comforming use, but such building or use shall not be changed, extended or enlarged except for purposes permitted in the Zoning District in which the building is situated or as permitted by a Special Permit or otherwise by the Board of Appeals. A pre-existing non-comforming use may be extended or altered provided that the change shall not be substantially more detrimental than the existing non-comforming use to the neighborhood. The Applicant intends to completely rehabilitate an existing, dilapidated garage on Hodges Street. The garage, if allowed to remain in its present condition, is and will be a substantial hazard and eyesore to the neighborhood. The proposed rehabilitation would benefit t7he neighborhood and would not be detrimental in any manner. The Zoning Board of Appeals should permit the addition to the existing non-comforming structure based on the benefits gained by the neighborhood if all other requirements are satisfied. Section 9.2 Requirements In addition to satisfying Section 9.1, Applicant satisfies the provisions under section 9.2. First, the proposed change is now before the Board of Appeals for approval as required under Section 9.2(l). Also, the change which is proposed will be only on the lot occupied by the non-comforming use on the date that it became non-comforming as required by Section 9.2(2). The third requirement limits the increase in volume, area or extent of non-comforming use to no more than twenty five percent (25%) of the original use. The proposed change to the existing structure will not add greater than twenty five percent (25%) of area to the existing, original use. If the Applicant were to rehabilitate the existing structurej without extending the roof line, he would construct space for two (2) businesses on the first floor arid' 'two '(2) apartments on the second floor. If the Applicant is permitted to raise the roofline over the existing structure, he would merely add two more apartments on the second floor. These proposed changes, as submitted by plans, would not violate the twenty five percent (25%) limitation provided in Section 9.2.(3). Section 9.2(4) permits changes which would not lengthen the economic life of the non-comformity larger than a period reasonable for the amortization of the initial investment. The non-comformity in this instance is due to set back requirements under current Zoning Regulations. The Applicant is not changing a wooden structure to a steel structure or brick structure, rather, he is beautifying an existing wooden structure. The non-comformity will continue to exist for as long as the foundation is intact whether or not the building is rehabilitated. Beautifying the existing structure will not, in itself, extend the economic life of the non-comformity. As an added note, Section 4.128(6) of the Zoning Bylaws permits residential use in a General Business District '_' a where the use is not more than fifty percent (50%) of the total floor space in the structure. The Applicant intends to use the total first floor space for two (2) businesses. The second floor space is intended to be structured for four (4) residential apartments. Where the Applicant will be using not more than fifty percent (50%) of floor space for residential use, the provisions of this Section are satisfied. Further, the Applicant is purchasing the vacant lot on Hodges Street and has committed himself to providing sufficient parking for both structures. As previously mentioned at the public hearing, parking easements or rights of way restrictions shall be denoted on the deed for the second parcel so that the parking easements or restrictions will run with the land in any subsequent transfer of either or both parcels. Applicant expects that approval of this special permit will be contingent upon these special conditions under Article 10.31(2) of the By -Laws. Conclusion: In light of the above discussion, where the Applicant is able to satisfy all requirements of the Bylaws, it is respectfully requested that he be granted a Special Permit by this Board for the following reasons: a) The specific site is an appropriate location for such a mixed residential and business use; b) The use as developed will not adversely affect the neighborhood as the neighborhood is already a mixed use area; C) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use; e) The use is in harmony with the general purpose and intent of the By Law. Respectfully Submitted, Gerald M. Cohen One Elm Square Andover, MA 01810 617-475-5500 �­ 0 MEMORANDUM Subject: Special Permit Application by Robert K. Daigle for Hodges Street Date: October 20, 1986 Name: Law Offices of Gerald M. Cohen One Elm Square Andover, MA 01810 617-475-5500 Facts: The structure in question is a vacant, dilapidated garage located on Hodges Street. It is a pre-existing noncomformity use located in the General Business District because front, side and rear set backs are not in c6mf'o3�manc'e' with current zoning requirements. The Applicant filed for a Special Permit under Section 9.1 of the North Andover Zoning Bylaws. The purpose of the Special Permit is to allow the Applicant to extend the roof line, so as to add two apartment units on a second floor. A public hearing was held on Tuesday, October 14. The Board closed the hearing and took the matter under advisement. Discussion: Section 9.1 Requirements Section 9.1 of the North Andover Zoning Bylaws permits the continuation of a non-comforming use, but such building or use shall not be changed, extended or enlarged except for purposes permitted in the Zoning District in which the building is situated or as permitted by a Special Permit or otherwise by the Board of' Appeals. A pre-existing non-comforming use may be extended or altered provided that the change shall not be substantially more detrimental than the existing non-comforming use to the neighborhood. The Applicant intends to completely rehabilitate an existing, dilapidated garage on Hodges Street. The garage, if allowed to remain in its present condition, is and will be a substantial hazard and eyesore to the neighborhood. The proposed rehabilitation would benefit the neighborhood and would not be detrimental in any manner. The Zoning Board of Appeals should permit the addition to the existing non -conforming structure based on the benefits gained by the neighborhood if all other requirements are satisfied. Section 9.2 Requirements In addition to satisfying Section 9.1, Applicant satisfies the provisions under Section 9.2. First, the proposed change is now before the Board of Appeals for approval as required under Section 9.2(l). Also, the change which is proposed will be only on the lot occupied by the non-comforming use on the date that it became non-comforming as required by Section 9.2(2). The third requirement limits the increase in volume, 1, — a area or extent of non-comforming use to no more than twenty five percent (25%) of the original use. The proposed change to the existing structure will not add greater than twenty five percent (25%) of area to the existing, original use. If the Applicant were to rehabilitate the existing structure, without extending the roof line, he would construct space for two (2) businesses on the first floor and two (2) apartments on the second floor. If the Applicant is permitted to raise the roofline over the existing structure, he would merely add two more apartments on the second floor. These proposed changes, as submitted by plans, would not violate the twenty five percent (25%) limitation provided in Section 9.2.(3). Section 9.2(4) permits changes which would not lengthen the economic life of the non-comformity larger than a period reasonable for the amortization of the initial investment. The non-comformity in this instance is due to set back requirements under current Zoning Regulations. The Applicant is not changing a wooden structure to a steel structure or brick structure, rather, he is beautifying an existing wooden structure. The non-comformity will continue to exist for as long as the foundation is intact whether or not the building is rehabilitated. Beautifying the existing structure will not, in itself, extend the economic life of the non-comformity. As an added note, Section 4.128(6) of the Zoning Bylaws permits residential use in a General Business District ­ 0 where the use is not more than fifty percent (50%) of the total floor space in the structure. The Applicant intends to use the total first floor space for two (2) businesses. The second floor space is intended to be structured for four (4) residential apartments. Where the Applicant will be using not more than fifty percent (50%) of floor space for residential use, the provisions of thi7s Section are satisfied. Further, the Applicant is purchasing the vacant lot on Hodges Street and has committed himself to providing sufficient parking for both structures. As previously mentioned at the public hearing, parking easements or rights of way restrictions shall be denoted on the deed for the second parcel so that the parking easements or restrictions will run with the land in any subsequent transfer of either or both parcels. Applicant expects that approval of this special, permit will be contingent upon these special conditions under Article 10.31(2) of the By -Laws. ­ 61 Conclusion: In light of the above discussion, where the Applicant is able to�satisfy all requirements of the Bylaws, it is respectfully requested that he be granted a Special Permit by this Board for the following reasons: i a) The specific site is an appropriate location for such a mixed residential and business use; b) The use as developed will not adversely affect the neighborhood as the neighborhood is already a mixed use area; C) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use; e) The use is in harmony with the general purpose and intent of the By Law. Respectfully Submitted, Gerald M. Cohen One Elm Square Andover, MA 01810 617-475-5500 MEMORANDUM Subject: Special Permit Application by Robert K. Daigle for Hodges Street Date: October 20, 1986 Name: Law Offices of Gerald M. Cohen One Elm Square Andover, MA 01810 617-475-5500 Facts: The structure in question is a vacant, dilapidated garage located on Hodges Street. It is a pre-existing noncomformity use located in the General Business District because front, side and rear 'set backs are not in comformance with current zoning requirements. The Applicant filed for a Special Permit under Section 9.1 of the North Andover Zoning Bylaws. The purpose of the Special Permit is to allow the Applicant to extend the roof line, so as to add two apartment units on a second floor. A public hearing was held on Tuesday, October 14. The Board closed the hearing and took the matter under advisement. Discussion: Section 9.1 Requirements Section 9.1 of the North Andover Zoning Bylaws permits the continuation of a non-comforming use, but such building or use shall not be changed, extended or enlarged except for purposes permitted in the Zoning District in which the building is situated or as permitted by a Special Permit or otherwise by the Board of Appeals. A pre-existing non-comforming use may be extended or altered provided that the change shall not be substantially more detrimental than the existing non-comforming use to the neighborhood. The Applicant intends to completely rehabilitate an existing, dilapidated garage on Hodges Street. The garage, if allowed to remain in its present condition, is and will be a substantial hazard and eyesore to the neighborhood. The proposed rehabilitation would benefit the neighborhood and would not be detrimental in any manner. The Zoning Board of Appeals should permit the addition to the existing non-comforming structure based on the benefits gained by the neighborhood if all other requirements are satisfied. Section 9.2 Requirements In addition to satisfying Section 9.1, Applicant satisfies the provisions under Section 9.2. First, the proposed change is now before the Board of Appeals for approval as required under Section 9.2(l). Also, the change which is proposed will be only on the lot occupied by the non-comforming use on the date that it became non-comforming as required by Section 9.2(2). The third requirement limits the increase in volume, area or extent of non-comforming use to no more than twenty five percent (25%) of the original use. The proposed chang6 to the 'existing structure will not add greater than twenty five percent (25%) of area to the existing, original use. If the Applicant were to rehabilitate the existing structure, without extending the roof line, he would construct space for two (2) businesses on the first floor and two (2) apartments on the second floor. If the Applicant is permitted to raise the roofline over the existing structure, he would merely add two inore apartments on the second floor. These proposed changes, as submitted by plans, would not violate the twenty five percent (25%) limitation provided in Section 9.2.(3). Section 9.2(4) permits changes which would not lengthen the economic life of the non-comformity larger than a period reasonable for the amortization of the initial investment. The non-comformity in this instance is due to set back requirements under current Zoning Regulations. The Applicant is not changing a wooden structure to a steel structure or brick structure, rather, he is beautifying an existing wooden structure. The non-comformity will continue to exist for as long as the foundation is intact whether or not the building is rehabilitated. Beautifying the,existing structure will not, in itself, extend the economic life of the non-comformity. As an added note, Section 4.128(6) of the Zoning Bylaws permits residential use in a General Business District where the use is not more than fifty percent (50%) of the total floor space in the structure. The Applicant intends to use the total first floor space for two (2) businesses. The second floor space is intended to be structured for four (4) residential apartments. Where the Applicant will be using not more than fifty percent (50%) of floor space for residential use, the provisions of this Section are satisfied. I Further, the Applicant is purchasing the vacant lot on Hodges Street and has committed himself to providing sufficient parking for both structures. As previously mentioned at the public hearing, parking easements or rights of way restrictions shall be denoted on the deed for the second parcel so that the parking easements or restrictions will run with the land in any subsequent transfer of either or both parcels. Applicant expects that approval of this special permit will be contingent upon these special conditions under Article 10.31(2) of the By -Laws. Conclusion: In light of the above discussion, where the Applicant is able to satisfy all requirements of the Bylaws, it is respectfully requested that he be granted a Special Permit by this Board for the following reasons: a) The specific site is an appropriate location for such a mixed residential and business use; b) The use as developed will not adversely affect the neighborhood as the neighborhood is already a mixed use area; C) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use; e) The use is in harmony with the general purpose and intent of the By Law. Respectfully Submitted, Gerald M. Cohen One Elm Square Andover, MA 01810 617-475-5500 MEMORANDUM Subject: Special Permit Application by Robert K. Daigle for Hodges Street Date: October 20, 1986 Name: Law Offices of Gerald M. Cohen One Elm Square Andover, MA 01810 617-475-5500 Facts: The structure in question is a vacant, dilapidated garage located on Hodges Street. It is a pre-existing noncomformity use located in the General Business District because front, side and rear set backs are not in comformance with current zoning requirements. The Applicant filed for a Special Permit under Section 9.1 of the North Andover Zoning Bylaws. The purpose of the Special Permit is to allow the Applicant to extend the roof line, so as to add two apartment units on a second floor. A public hearing was held on Tuesday, October 14. The Board closed the hearing and took the matter under advisement. Discussion: section 9.1 Requirements Section 9.1 of the North Andover Zoning Bylaws permits the continuation of a non-comforming use, but such building or use shall not be changed, extended or enlarged except for purposes permitted in the Zoning District in which the building is situated or as permitted by a Special Permit or otherwise by the Board of Appeals. A pre-existing non-comforming use may be extended or altered provided that the.change shall not be substantially more detrimental than the existing non-comforming use to the neighborhood. The Applicant intends to completely rehabilitate an existing, dilapidated garage on Hodges Street. The garage, if allowed to remain in its present condition, is and will be a substantial hazard and eyesore to the neighborhood. The proposed rehabilitation would benefit the neighborhood and would not be detrimental in any manner. The Zoning Board of Appeals should permit the addition to the existing non-comforming structure based on the benefits gained by the neighborhood if all other requirements are satisfied. Section 9.2 Requirements In addition to satisfying Section 9.1, Applicant satisfies the provisions under Section 9.2. First, the proposed change is now before the Board of Appeals for approval as required under Section 9.2(1). Also, the change which is proposed will be only on the lot occupied by the non-comforming use on the date that it became non-comforming as required by Section 9.2(2). The third requirement limits the increase in volume, area or extent of non-comforming use to no more than twenty five percent (25%) of the original use. The proposed change to the existing structure will not add greater than twenty five percent (25%) of area to the existing, original use. If the Applicant were to rehabilitate the existing structure, without extending the roof line, he would construct space for two (2) businesses on the first floor and two (2) apartments on the second floor. if the Applicant is permitted to raise the roofline over the existing structure, he would merely add two more apartments on the second floor. These proposed changes, as submitted by plans, would not violate the twenty five percent (25%) limitation provided in Section 9.2.(3). Section 9.2(4) permits changes which would not- lengthen the economic life of the non-comformity larger than a period reasonable for the amortization of the initial investment. The non-comformity in this instance is due to set back requirements under current Zoning Regulations. The Applicant is not changing a wooden structure to a steel structure or brick structure, rather, he is beautifying an existing wooden structure. The non-comformity will continue to exist for as long as the foundation is intact whether or not the building is rehabilitated. Beautifying the existing structure will not, in itself, extend the economic life of the non-comformity. As an added note, Section 4.128(6) of the Zoning Bylaws permits residential use in a General Business District where the use is not more than fifty percent (50%) of the total floor space in the structure. The Applicant intends to use the total first floor space for two (2) businesses. The second floor space is intended to be structured for four (4) residential apartments. Where the Applicant will be using not more than fifty percent (50%) of floor space for residential use, the provisions of this Section are satisfied. Further, the Applicant is purchasing the vacant lot on Hodges Street and has committed himself to providing sufficient parking for both structures. As previously mentioned at the public hearing, parking easements or rights of way restrictions shall be denoted on the deed for the second parcel so that the parking easements or restrictions will run with the land in any subsequent transfer of either or both parcels. Applicant expects that approval of this special permit will be contingent upon these special conditions under Article 10.31(2) of the By -Laws. Conclusion: In light of the above discussion, where the Applicant is able to satisfy all requirements of the Bylaws, it is respectfully requested that he be granted a Special Permit by this Board for the following reasons: a) The specific site is an appropriate location for such a mixed residential and business use; b) The use as developed will not adversely affect the neighborhood as the neighborhood is already a mixed use area; C) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use; e) The use is in harmony with the general purpose and intent of the By Law. Respectfully Submitted, - Gerald M. Cohen One Elm Square Andover, MA 01810 617-475-5500 MEMORANDUM Subject: Special Permit Application by Robert K. Daigle for Hodges Street Date: October 20, 1986 Name:, Law Offices of Gerald M. Cohen One Elm Square Andover, MA 01810 617-475-5500 Facts: The structure in question is a vacant, dilapidated garage located on Hodges Street. It is a pre-existing noncomformity use located in the General Business District because front, side and rear set backs are not in comformance with current zoning requirements. The Applicant filed for a special Permit under Section 9.1 of the North Andover Zoning Bylaws. The purpose of the Special Permit is to allow the Applicant to extend the roof line, so as to add two apartment units on a second floor. A public hearing was held on Tuesday, October 14. The Board closed the hearing and took the matter under advisement. Discussion: Section 9.1 Requirements section 9.1 of the North Andover Zoning Bylaws permits the continuation of a non-comforming use, but such building or use shall not be changed, extended or enlarged except for purposes permitted in the Zoning District in ­ a which the building is situated or as permitted by a Special Permit or otherwise by the Board of Appeals. A pre-existing non-comforming use may be extended or altered provided that the change shall not be substantially more detrimental than the existing non-comforming use to the neighborhood. The Applicant intends to completely rehabilitate an existing, dilapidated garage on Hodges Street. The garage, if allowed to remain in its present condition, is and will be a substantial hazard and eyesore to the neighborhood. The proposed rehabilitation would benefit the neighborhood and would not be detrimental in any manner. The Zoning Board of Appeals should permit the addition to the existing non-comforming structure based on the benefits gained by the neighborhood if all other requirements are satisfied. Section 9.2 Requirements In addition to satisfying section 9.1, Applicant satisfies the provisions under section 9.2. First, the proposed change is now before the Board of Appeals for approval as required under Section 9.2(l). Also, the change which is proposed will be only on the lot occupied by the non-comforming use on the date that it became non-comforming as required by Section 9.2(2). The third requirement limits the increase in volume, area or extent of non-comforming use to no more than twenty five percent (25%) of the original use. The proposed change to the existing structure will not add greater than twenty five percent (25%) of area to the existing, original use. If the Applicant were to rehabilitate the existing structure, without extending the roof line, he would construct space for two (2) businesses on the first floor and two (2) apartments on the second floor. If the Applicant is permitted to raise the roofline over the existing structure, he would merely add two more apartments on the second floor. These proposed changes, as submitted by plans, would not violate the twenty five percent (25%) limitation provided in Section 9.2.(3). Section 9.2(4) permits changes which would not lengthen the economic life of the non-comformity larger than a period reasonable for the amortization of the initial investment. The non-comformity in this instance is due to set back requirements under current Zoning Regulations. The Applicant is not changing a wooden structu2�e to a steel structure or brick structure, rather, he is beautifying an existing wooden structure. The non-comformity will continue to exist for as long as the foundation is intact whether or not the building is rehabilitated. Beautifying the existing structure will not, in itself, extend the economic life of the non-comformity. As an added note, Section 4.128(6) of the Zoning Bylaws permits residential use in a General Business District where the use is not more than fifty percent (50%) of the total floor space in the structure. The Applicant intends to use the total first floor space for two (2) businesses. The second floor space is intended to be structured for four (4) residential apartments. Where the Applicant will be using not more than fifty percent (50%) of floor space for residential use, the provisions of this Section are satisfied. 1. Further, the Applicant is purchasing the vacant lot on Hodges Street and has committed himself to providing sufficient parking for both structures. As previously mentioned at the public hearing, parking easements or rights of way restrictions shall be denoted on the deed for the second parcel so that the parking easements or restrictions will run with the land in any subsequent .transfer of either or both parcels. Applicant expects that approval of this special permit will be contingent upon these special conditions under Article 10.31(2) of the By -Laws. conclusion: In light of the above discussion, where the Applicant is able to satisfy all requirements of the Bylaws, it is respectfully requested that he be granted a Special Permit by this Board for the following reasons: a) The specific site is an appropriate location for such a mixed residential and business use; b) The use as developed will not adversely affect the neighborhood as the neighborhood is already a mixed use area; C) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use; e) The use is in harmony with the general purpose and intent of the By Law. Respectfully Submitted, Gerald M. Cohen One Elm Square Andover, MA 01810 617-475-5500 NORTH ANDOVER BUILDING DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 INSPECTOR OF BUILDINGS ELECTRICAL INSPECTOR GAS INSPECTOR Boa,td oj AppeaE6 Town Oj�)ice Buitding No,tth Andova, Ma. Re: Petition 6A Robe&t DaiQZe Genttemen: OctobeA 14, 1986 Mt. Daigte',s apptication 4oA a speciat peAmit is allowed undeA Section 9.1 o4 the Zoning By -Laws. HoweveA, a much cteaAet inte)Lptetation may be made 6,tom the Enabung Statute, ChapteA 40A, Section 6, a copy o4 which is enctosed., VeAy tAuty youu, CHARLES H. FOSTER N) INSPECTOR OF BUILDINGS AND ZONING OFFICER CHF: a� Enc. Section 6. Pre-existing Non -conforming Uses, Structures and Lots Exemption for Except as hereinafter provided, a zoning ordinance or by - Structure and Use law shall not apply to structures or uses lawfully in Lawfully Begun or existence or lawfully begun, or to a building or special in Existence permit issued before the first publication of notice of Within a Period of the public hearing on such ordinance or by-law required Exemption for by section five, but shall agpj_� to any change or sub - Building or Special stantial exte�sio­n—oT —such use,lg a bui]ding nr -,ppcjaj Permit Issued Before permit issued afterlbe first - ontirroaf gaid public hearing First Notice of to any reconstruction, extension or structural change of Public Hearing such structure�and to any alteration of a structure begun Single Lot after the first notice of said'public hearing to provide Exemption for for its use for a substantially different purpose or for Single,and the same purpose in a substantially different manner or Two -Family Use to a substantially greater extent 2��e t where alter ation, * reconstruction, extension or structural change to a single or two-family residential structure does not increase the Pre-existing Non- nonconforming nature of said structure. Pre-ekisting non- conforming structures conforming structures or uses may be extended or altered, or Uses May be provided, that no such extension or alteration shall be Extended, Changed permitted unless there is a finding by the permit granting or Altered After authority or by the special permit granting authority Finding by designated by ordinance or by-law that such change, ' Granting Authority extension or alteration shall not be substantially more detrimental than the existing nonconforming'use to the neighborhood. This section shall not apply to billboards, 'signs and otker advertising devices subject to the provisions of sections twenty-nihe through thirty-three, inclusive, of chapter ninety-three, and to chapter ninety- three D. Ordinance or By-law A zoning ordinance or by-law shall provide that construction Shall Provide that or operations under a building or special permit shall Building or Special conform to any subsequent amendment of the ordinance or Permit Shall Conform by-law linless the use or construction is commenced within, if Not Commenced a period of not more than six months after the issuance of Within a Period of the permit and in cases involving construction, unless Not More Than 6 such construction is continued through to completion as Months continuously and expeditiously as is reasonable. Regulating of A zoning ordi nance or by-laW may de ' fine and regulate non - Nonconforming conforming uses and structures abandoned or not used for Uses After 2 Years a period of two years or more.. Single Lot Any i,,ncrease in area,.frontage, width, yard, or depth Exemption for requirements of a zoning ordinance or by-law shall not Single,and apply to a lot for single and two-family residential Use Two -Family Use which at the time of recording or endorsement, whichever'. occurs sooner was not held in common ownership with any adjoining land, conformed to then existing requirements 6-1 Mh plpmw� Now . . . . . . . . . . In, TOWN OF NORTH ANDOVER MASSACHUSETTS OARD OF APPEALS by Town t-'lerk: 0 P C EIVED DANIEL. LO',,�G Toypi c,!-ERK NORTH Aw).OYER TOWN OF NORTH ANDOVER, kA4iAC2Uak'%T6 BOARD OF APPEALS APP LICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Ap p I i c a n t R Q b e-r-t-L—La!Zl-e ------ -Address 1921 Great Pond Road, North Andover 1. Application is hereby made: a) For a variance from 'the requirements of Section Paragraph and Table of the Zoning By Laws. Paragraph of the Zoning b) For a Special Permit under Section Qy Law.'�. C) As a Party Aggrieved, for review of a decision made by the, Buildin4 Ins.pector or other authority. 2. a) Premises affected are land X, -and building(s) X -numbered— �Hodges I Street. b) Premises affected are property with frontage on the North South (x ) East .( ) West side of— Hodges St. Str.,ect, and known as No. H -044P-5- Street. c) Premises affected are in Zonin and the premises "g Districta.�, affected have an a.rea.of 11Y6J square feet and frontage of f e e t 3. ownership a) Name and address of owner (if joint ownership, give all names): Forbes Realty Trust (Thomas Laudani & Jay Philbin ) Crate of Purchase 5/7/85 Previous Owner Mr.TGiard & Mrs ­(�i ard b) If applicant is not owner, check his/her interest in the premises: X-Prospcctive Purchaser Lesec -Other (explain) 4 Sizc of prop6scd building:_____ front; ----feet deep; f -stories; ---- f eiH . I a) Approximate date of erection: When permit is granted b) Occupancy or, use of each floor: firs.t-�floor- btisiness-, second floor - t 7 -apartments. c) Typc'of construction: . Wood frame 5. Size of existi-n�*'building:_­ feet front; ------ feet deep; 1-1cight -- stories; a) Approximate date of erection: 50 years ago b) Occupanc�­br use of each floor:_.,,_,An_t__a_t­;)��t c) Type of construction: wood frame 6. Has there been a previous apj�eal, under zoning, on these premises? no If so, when? 7. Description of relief sought on this petition I seek a special permit to chan&es the irregular roof pitch to conform to standard gable roof pitch, enhancing-tPe appearance of the building and allowiLE the occupancy of apartments upstairs. 8. Deed recorded in the Registry of Deeds in Bookj2_10 Page 7Z2 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) At present this property is vacant and in extremely_delapitated condition. I would rehabilitate this property into a colonial structure which would beautify,the neighborhood I agree to pay the filing fee, advertising in newspaper, and incidental expenses* .�Signature of Pe ioncr s Every application for action by the Board shall be made on a form.approved by the Doar(l. These forms shall be. furnished by the Clerk. upon request. Any communication purporting to be an at�plication shall be treated as mere notice of intention to seek relief until such time as it is made on the official appLication-form. All information called for by the form shall be furnishcd'by the applicant in the manner therein prescri)aed. Every application shall be submitted with a list of "Parties In Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the a.buttcrs within three hundr ed f ect (300' ) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. *Every application shall be submitted with an application oharge cost- in the amount of $25.00. In addition, the petitioner shall be responsible for any and all. costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not,necessarily limited to these. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirem,ents regarding plans are attached hereto or are available from the Board of Appeals upon request. LIST OF PARTIES IN INTEREST Name Address '6 - (use additional sheets if necessary) t .,40 , r 1. PLAN OF LAND TO ACCOMPANY PETITION racIll application and petition to the Board shall be accompanied by five (5) copies ofithe following described plan: Vie sizo of t�hc plan shall be 11 x 17, drawn to scale, I inch equals 40 feet; it shall have a north point, names of streets, zoning districts, names and addresses of owners of properties within a minimum of 200 feet of the subject property, property lines and location of buildings on surrounding properties. Tile location of bu�ldings or use of the property where a variance is requested andlflist�iLnces from adjacent buildings and property lines sha L 1. bc vL-r i f i ed i n the ' f i eld and shown on the plan. . The dimensions of the lot and the percentage of the lot covered by the principal and accessory buildings and the required parking spaces its, etc. that are shaLl be s1lown. Entrances, exi driveways, pertinent to the granting of the variance shall be shown. All lown in red. proposed data shall. be sl pon for a Any topogra6hical feature of the parcel of land relied Lr variance, such as ledge, rock peat, or natural condition of water, brook, or river, shall be shown on the engineering plan. When a parcel of land, the dimen- variance is requested to subdivide a sions and arba of.the surrounding lots may be taken from the deed or lotting plan for comparison of the size of tile lotS in the neighborhood, noted on the plan,as such, and marked "approximate The plan shall be signed and bear the seal of a registered surveyor or engineer. Any plans presented with the petition shall remain a part of the records of the Board of Appeals.. If Living quarters are to be remodeled, or areas are to be converted into living quarters, in addition to the plot plan, five (5) co.oics of -tl4e following described plans shall be furnished: 1. A floor-pLan of each floor on which remodeling is to be done or areas converted into living quarters; 2. A floor plan showing, the stairways, halls, doors opening into the halls, and exit doors of each floor or floors where no -re- modeling or converting is to be -done; 3. The plans and'elevations shall show all existi'ng work. All proposed work shall be'shown in red. The size of each plan shall be .11 x 17 or 17 x 22; it shall be drawn to scale, 1/4 inch eqpals one foot. All plans and el ' evations presented with the petition shall remain a part of the records of the Board of Appeals. For petitions requesting variatioll(s) from the provisions of Section `7, Paragrpahs 7.1, 7.2, 7.3, and 7.4 and Table 2 of the Zoning By Law for conveyance purposes only, a plot plan, certified by a registered engineer or land surveyor, of the parcei of land with a structure thereon being conveyed, will be acceptable �o the Board of Appeals provided: 1. The dwelling(s), structure(s), or building(s) were constructed p r l 14, 1977. rior to M.arcl 2. # The'pctition is not to allow construction or alteration to the dwoLling(s), structurc(s), or building(s) which will re- suLt,in *ho,need for the issuance of a building permit. 3. The size of -the plan shall be no.smalLer than 8 1/2 x 11 inches and must show the existing area of the parcel, the existing frontage, and the existing setbacks of tile dwclling(s), structure(s), or building(s) being conveyed. 4. Proper space is provided on the plot plan for the Board's signature6, as well as adequate space for tile following information:. date of filing, date of public. . hearing, and date of approval.