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HomeMy WebLinkAboutMiscellaneous - 30 FAULKNER ROAD 4/30/2018rn DO Town of North Andover ZONING BOARD OF APPEALS FECEIVED T 0'�',-'�y Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice-0airman D. Paul Koch, Jr., Esq. Clerk Doug Ludgin Allan Cuscia Assodate Members Nathan Weinreich Alexandria Jacobs, Esq. Ronn Faigen Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A, §17 Notice of Decision Year 2017 T-wn Clerk Time Stamp 2017 AUG 22 AMI 8: 03 1.10UH AN 0-`1* � 1 ; 1. M A 5 S. A CH !-) 'S -F " . Property at: 30 Faulkner Road (Map 44 Parcel 17 North Andover, MA 01845 NAME Vincent Grasso & April Lucibel HEARING(S): June 13, 2017 & August 08, 2017 ADDRESS: 30 Faulkner Road PETITION: 2017-007 (Map 44 Parcel 17 ), North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at Town Hall, 120 Main Street, North Andover, MA on Tuesday, August 08, 2017 at 7:30 PM on the application of Vincent Grasso & April Lucibel, for property located at 30 Faulkner Road (Map 44 Parcel 17), North Andover, MA 01845 in the R-4 Zoning District. The Petitioner is requesting Variance from Table 2 of the Zoning Bylaws (Dimensional Requirements) for one side yard setback (left) in the R-4 Zoning District. Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessors Office, and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on May 30, 2017 and June 06, 2017 The following regular voting members were present Ellen P. McIntyre, D.Paul Koch, Jr., Allan Cuscia, and associate members, Nathan Weinreich and Alexandria Jacobs. VARIANCE: Upon a motion by Ellen McIntyre and 2nd by Alexandria Jacobs, the Board voted to Grant a Variance under Section 7, Paragraph 7.3 Yards (Setbacks), 7.3.2 Projections into Side Yards and Table 2 of the Zoning Bylaw in the R-4 Zoning District to allow the construct an addition of a two (2) story breezeway and a two (2) stall car garage with a Setback Variance of 9.3 feet (side), be constructed where 15 foot setbacks are required. The following members voted in favor of the Variance: Ellen P. McIntyre, Allan Cuscia, Alexandria Jacobs, and Nathan Weinreich. Not in Favor: D. Paul Koch, Jr. Vote 4-1 in favor Variance Granted. The Board finds that the applicant has satisfied the provisions of Table 2 and Sections 7.3 and 7.3.2 of the Zoning Bylaw in order to construct an addition of a two (2) story breezeway and a two (2) stall car garage to the existing home at 30 Faulkner Road (Map 44, Parcel 17), North Andover, MA 01845 in an R-4 Zoning District. The Board finds the 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 the Bylaw will involve substantial hardship, financial or otherwise, to the Pagel of2 petitioner or applicant. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the purpose of this Bylaw. Site: Variances under Table 2 and Sections 7.3 and 7.3.2, of the Zoning Bylaw in order to construct an addition of a �wo (2) story breezeway and a two (2) stall car garage to the existing home at 30 Faulkner Road (Map 44, Parcel 17), North Andover, MA 01845 in an R-4 Zoning District Plan(s) Title: 1. Drawing of the "Plot of the Land" containing one sheet (1) dated July 27, 2017 prepared by John Abagis & Associates, Professional Land Surveyors. 2. First & Second Floor Plans, Building Section Diagrams & Elevations of existing and proposed Additions, dated July 28, 2017. Notes: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Variance as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings. 3. If the rights authorized by the variance are not exercised within one (1) year of the -date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. North Andov6r Zonl*oard of Appeals D. Paul Koch, Jr., Esq., �cting Chairperson Ellen P. McIntyre, Vice Chairperson Allan Cuscia Associate Members Nathan Weinreich Alexandria Jacobs Decision 2017-007 Page2 of2 Albert P. Manzi 111, Esq. Chairman Ellen P. McIntyre, Vice -Chairman D. Paul Koch Jr., Esq. Clerk Doug Ludgin Allan Cuscia Date: 8/22/2017 Town of North Andover ZONING BOARD OF APPEALS Associate Members Nathan Weinreich Alexandria Jacobs, Esq. Ronn Faigen Zoning Enforcement Officer Donald Belanger Dear: Vincent Grasso & April Lucibel As you know, the Zoning Board of Appeals granted your application for a Variance — Variance from Table 2 (Dimensional Requirements) of the Zoning Bylaws, for one side setback (left) in the R-4 Zoning District to construct an addition of a two story breezeway and a Two stall garage to the existing home: 30 Faulkner Road Your 20 -day appeal period will have passed at midnight on the following date: September 11, 2017 allowing you to begin the following three steps starting on September 12, 2017 1. Once the appeal period has passed, please pickup your Town Clerk -certified copy of the Zoning Board of Appeals Decision, and your ZBA Board signed Mylar (if a Mylar was required) from the Town Clerk's Office located at 120 Main Street, North Andover, MA. 01845 (978.688.9501) 2. Please bring the Town Clerk -certified copy of the Decision& the signed Mylar to the Essex North Registry of Deeds, 354 Merrimack Street, Suite 304 (use Entrance Q Lawrence, MA. 01843 (978.683.2745), as the decision and the Mylar must be filed at the Registry of Deeds as soon as possible. 3. Once this is completed, please bring to The Building Department: a) A Copy of the Town Clerk & Registry stamped Decision b) A paper copy made from the ZBA Board -signed and Registered Mylar c) A completed Building Permit application along with two (2) sets of Building Plans (that have been approved by the ZBA noting any/all revisions) in order to obtain a Building Permit upon review. Failure to file the decision and the Mylar with the Registry of Deeds will result in your inability to exercise your Variance and/or Special Permit and/or Finding due to your inability to obtain a building permit from the Building Department. "Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, they shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, they shall lapse and may be re-established only after a new hearing." If you have any questions, please feel free to call (978.688.9541) or fax (978-688.9542). 120 Main Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.northandoverrna.gov mum. it M �- U� A, pplication • Denial Letter received by Applicant: 031�so I I I • Denial Letter given to Departments: • Application: • Legal Notice given to Applicant: • Legal Notice Mailed to Abutters: • Legal Notices: 51.30 11-7 w • Meeting Date(s): • Waiver of Time Constraint form given to L�11311 on . @ meeting • Decision Date (within 14 Days of Hearing): • Mailing of Decision and 20 day Letter: • AppealDeadline (20 days following Decision): • Correspond e n ce(s): 511,511-7 b9l� In I I c�j 1-7 -1 la� 11-7 TOWN OF NORTH ANDOVER ZONING BOARD OF APPEAL6 - Vincent Grasso . . .3-1 RECEIVED YOWN CLERK'S'OFFICE twLo 11: 4 5 VA'hal WN OF ANDOVER 4144GETTS KI �61, A AnVp f)V Town Clerk TIMe Starnp A D ESSOI�Atlt'OL'.JUr-aUlKnerr,,oau, u Procedure & Requirements for an Application for aVarlance Twelve (12) copies of the following information must be submItted thirty @J0 days prior to the first publlo hearing. Failure to submit the required informatIon within the time periods prescribed may result In a dismissal by the Zoning Board of an application as Incomplete. The informaton hervin is an abstract of more spedfic requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. ete items STEP 1: ADMINISTRATOR PERMIT DENIAL. The petitioner applies for a Building Permit and receivers a Zoning Bylaw DenW form completed by the Building Commissioner. ;STEP 2: VARIANCE -APPLICATION FO -RM* Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in Items I through and Including 11 shall be completed. STEP 3: PLAN PREPARATION: S Petitioner submits all of the required pian Information as cited In page 4, section 10 of this form. STEP 4: OBTAI LIST OF PARTIES WNHRM The petitioner requests the Assessors Office to compile a certified list of Parties in Interest (abutters). STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Offilce of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for malling to the parties in Interest (abutters) and for oublication In the newspaper, The petitioner is notified that the legal notice has been prepared and the cost of the Party In Interest fee. ST VERY OF L.EGAL N.OTICE TO EP 7: DELui -NE&SPAP The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear In his/her behalf, or be represented by an agent orattomey. Intheabsenceof any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9' DECISION: After the hearing, a oopy, of the Board's decision Will be sent to all parties In InteresL Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision Is filed with the Town Clerk. ,mypp 10: RE DI ECI 0 D PLANS, STEP 5: SUBMIT APPLICATION: the petitioner is responsible for recording OeOlf[GatlOn Of Petitioner submits one (1) original and eleven (11) Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerrs the Essex County, North Registry of Deeds, 354 Office to be certified by the Town Clark with the time Merrimack, St. Suite #304, Lawrence MA, 01843 and and date of filing, The original will be left at the Town shall complete the CartificatiOn of Recording form and Clerk!s Office, and the I I Xerw coples will be M wiith forward it to the Zoning Board of Appeals and to the the Zoning Board of Appeals secretary. Building Department IMPORTANT PHONE NUMBERS: 978-688-9533 office of Community Dev. & Services 1600 Osgood St., Bldg. 20, Wite 2035 North Andover, MA 01845 978-688-9542 fax for Community Development offices 97M88-9545 Building Department 978-688-9541 Zoning Board of Appeals Office North Andover Town Hall 1120 Main Street 978-688-9501 Town Clerk's Office 978-688-9566 AssesweS Office PAGE1of4 PAGE 2 OF 4 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Vincent Grasso 30 Faulkner Road North Andover, MA 01845 Telephone: (978) 502-7506 Years Owned Land:. 13 3. Location of Property: a, b. C, Street: 30 Faulkner Rdoad Zoning District: Assessors: Map number: 44 Lot Number: 16 Registry of Deeds: Book Number: 15051 Page Nurnber:. R4 266 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Sprtinns 7.3 & 7.32 *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: See attached desciption of variance request letter. The above descriptlon shall be used for the purpose of the legal notice and decision. A more detailed description Is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly may result In a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and VdjI not involve additional items not Included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (LinesAandBareinraseofalotsplit) LotArea OpenSpace Percentagel-ot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side 8 Rear % 9 .,a B.- % Page 3 of 4 NORTH ANDOVER ZONINO BOARD OF APPEALS application for aVARIANCE 2 '55-7— WN 2 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side 9 Rear 11000 IR-poic Mn 30 12.6 6 C. Proposed Lot(s). Lot Area Open Space Percent Lot Frontage Parldng Minimum Lot Setback Sq. Ft. Sq, Ft. Coverage Feet Spaces Front Side A Side B Rear 11000 L 32 7.2 12.6 6 D. Required Lot. (As required by Zoning Bylaw Table 2) Lot.Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side 8 Rear +4%0 n P� n Ia. nel, 30 15 ao- 3-(2)- 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units" *Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number'of Height Total Square feet Floors Sq. feet @L4t,,a 1.5 27-4 Q 8(,c +I - 8. Petitionerand Landowner signature(s)' Use of Number Building* of Units" *Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals, Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation %vith this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant this responsibility, The petitioner shall be responsible for all expenses for filing and legal notification. Failure to com ly application requirem ents, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by th I Board of this application at, incomplete. Signature: Vincent Grasso PAGE 4 OF 4 9. WPJTTEN DOCUMENTATION Application for a Variance must be supported by a legibly wdtten or typed memorandum setting forth in detail all facts relied upon. When requesting a Variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be clearly Identified and factually supported.. All points, A -F, are required to be addressed With this application. A. The particular use proposed for the land or structure. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is souglit which do not affect generally the zoning district In which the property is located. C. Facts which make up the substantial hardship, financial or otherwise, which resultsfrom literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. D. Facts relied upon to support a finding that relief sought Will be desirable and without substantial detriment to the public good. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the Intent or purpose of the Ordinance. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for In ZBA application. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town GlerWs Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10. A. MaJor Projects Major projects are those, which Involve one of the following whether eAsring or proposed: 1) five (5) or more parking $paces, 11) three (3) or more dwelling units, 1111) 2,000 square feet of building area. Major Projects shall require, that in addition to the I OB & I OC features, that the plans show detailed utilities, soils, and topographic Information. VARIANCE *10. 8. *Plan Specifications: 1) Size of plan: Ten (110 ) paper copies of a Olen 116C, to exceed 11 "xl 7", preferred scale of 1 "=401 11) One (1) Mylar, with one block for Registry Usi Only, and one block for five (5) ZBA signatures & date; ed 1W Plan shall be prepared, stamped and cartlfl by-.-:. a Registered Professional Land Surveyor. Pleasw.;�:�:�.'!�.;, eeri.: note that plans by a Registered Professional Engin, Registered Architect, and/or a Registered Landscape.... Architect may be required for Major Projects. *10 C. *11equired Features On Plan: 1) Site Orientation shall Include., 1 north point 2. zoning district (s) 3� names of streets 4. wetlands (it applicable) 5. abutters of property, within 300'radjus 6. locations of buildings on adjacent propertles. within 50' from applicants proposed structure:: 7. deed,restricrions, easements. 111) Legend & Graphic Aids shall Include: 1 . Proposed features In solid lines & outlined in 2. Existing features to be removed in dashed lines:.:: 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of applicant, owner or record, and land surveybe.�..!.-.., 7. Locus 10 D. Minor Projects draq.- Minor pr6jects, such as decks, sheds, and g e& shall require only the plan information as indicated T�2..'� may.: an. asterisk (6). In some cases further information be required. 11. APPLICATION RUNG FEES I 1.A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover"foir':�z. the cost of first class, certified, return receipt x# of all parties in interest identified in MGLA ch, 40A §11. on the abutter's list for the legal notice check, Also, the applicant shall supply first class postage stamps:...1.-.. for each address listed on the abutter's list, plus an,.. additional 2 for the decision mailing. 11.19. Mailing labels: Applicant shall provide four (4) F sets of mailing labels no larger than 174-5/8- (3 coplwj:�:: for the Legal, and one copy for the Decision mailling) II.C. Applicant shall provide a check or money order:.:;1�:-.. to: "Town of North Andover per 2005 Revised Fee Schedule. 0- A Variance once granted by the ZBA will lapse in::, 1 (one) year if not exercised and a now petition nlutt-. be submitted. -4 OORTH 2D 1, 0 Zoning Bylaw Review Form Town of North Andover Building Department 120 Main Street AC U North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 30 Faulkner Road Map/Lot: MAP 044.0 LOT 00 17 ZO N E R4 Applicant: Vincent & Rosemarie Grasso Request: Variance needed to demolish existing 1 stall garage and build a new 2 stall garage into side yard Date: March 29, 2017 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Remedy for the above is checked below. Item # Special Permits Planning Board Item Notes C-3 Setback Variance(s) Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient Independent Elderly Housing Special Permit 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting X 2 Frontage Complies X 3 Lot Area Complies X 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies X 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 1 Complies X 3 Left Side Insufficient X 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies X D Watershed 3 Coverage Preexisting 1 Not in Watershed X 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 1 Siqn not allowed NIA 4 Zone to be Determined 2 Sip Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking N/A I In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies 3 Insufficient Information 1 3 1 Insufficient Information 1 4 1 Pre-existing Parking Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit C-3 Setback Variance(s) Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special permit for preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and inco r, t d herein by reference. The buil" department will retain all plans and documentation for the above file. You u �_a e Bui4le 'n rm st ile new perm pplicationjqrm a b gin the permitting process. us fi a Dartm fic ding epartment Offici—al Signature Application Received Applicati n enied Denial Sent: If Faxed Phone Number/Date: VINCENT QRASSO 30: FAULKNER ROAD NORTH ANDOVER, MA 0 1845 976-502-7506 July 25, 2017 RE: 30 Faulkner Road Members of the ZBA, Thank you for taking the time to review our Request for Variance at the above referenced location. As stated previously, our request is largely based on expansion limitations due to the shape of the lot and the fact that the dwellin was oriente to follow the shape of an undeveloped road. Pursuant to the Boards' request we have mage'the following changes and addressed general concerns: • We've reduced the overall variance request by over two feet. The previously requested plans had a side setback of 7.2 feet, while the newly proposed plans have a side setback of 9.3 feet. We were able to reduce the setback by adding an additional storage area to the rear of the garage that will fall within the existing setback requirements. By doing tfiis, we are also able to lower the overall height of the structure by nearly 3.5 feet. • We have attached requested elevations, new floor plans and an updated plot plan with Mylar to this package. • The Board requested alternative configurations for the proposed addition. Specifically, coming s house as it sits on the lot. After meetings with both the architect and the engineer, ,tqwuare off the as quickly determined that this scenario is simply not feasible in keeping with the context and character of the neighborhood streetscape. • Water runoff will be addressed by capturing roof water with gutters and downspouts leading towards storm drains. Additionally, a natural swale will be created between the abutting properties to deviate any surface water away from the neighborinr property. We are also proposing a row of trees and bushes along the property line to he p infiltrate storm water and act as a privacy barrier in lieu of the existing stockade fence. There will be definitively no surface water migration from the subject property to any neighboring properties Thank you again for your consideration to this matter. Sincerely, Vincent Grasso & April Lucibello Zoning Board of Appeals Town of North Andover 120 Main St., North Andover, 01845 To Members of the Zoning Board of Appeals: This letter is in response to the request for variance filed by Vincent Grasso Jr., 30 Faulkner Road, in order to construct an addition to his home. We, Bryce and Sheila Hoffman, are the owners of 24 Faulkner Road and Mr. Grasso's immediate neighbors. As such, we will be the property owners most directly affected by this variance, if it is granted. A trip out of the country prevents us from participating in person at this public hearing. Please accept this letter as a statement of our concerns. We first wish to state that we have viewed Mr. Grasso as a good, fair and neighborly neighbor. We do not believe he has any intention of causing distress. We generally support his desire to improve his home, both cosmetically and for his own enjoyment. However, the specific variance Mr. Grasso requests would result in a structure that is significantly taller and closer to our house than the one now in place. The variance he requests is substantial — a greater than 50 percent reduction in the minimum side setback. This causes us significant concerns, which we would ask the Zoning Board of Appeals to weigh carefully in its deliberations: • Loss of privacy. If Mr. Grasso's addition envisions a window on the second floor (we have not seen a detailed enough plan to discern his exact intention), it could easily fall on a direct sight line into our master bedroom. in effect, we would be forced to block or obscure our own window in order to preserve our present level of privacy. This would be a direct, negative impact on the enjoyment and use of our home. • Loss of natural light. A two-story structure on the proposed location — 7.8 feet closer to our lot line than town bylaws permit - would substantially diminish the amount of natural sunlight that reaches our first and second floor windows in the morning hours. In the winter months, the increase in shadows on our roofline will increase its susceptibility to ice dam formation. • Drainage issues. An increase in the roofed and paved areas of Mr. Grasso's lot (in addition to potential changes to the topography of his lot caused by the construction process), will create changes to drainage and increase runoff. We request that Mr. Grasso present detailed plans to predict and mitigate adverse effects this may cause to our property. • Loss of value. To the extent that any of the above concerns impact the market value of our own home when we choose to sell it, we will have suffered a financial loss as a result of this variance. It is our hope that the Zoning Board of Appeals and our neighbor, Mr. Grasso, will act to mitigate or eliminate these honestly stated concerns. Thank you. With kind regards, Bryce and Sheila Hoffman May 15, 2017 Town of North Andover Zoning Board of Appeals Office 120 Main Street North Andover, MA 01845 RE: Description of Variance Request Dear Ladies and Gentlemen of the Board, Thank you for taking the time to review our request for a zoning variance, pursuant to our Town's Bylaws, Sections 7.3 and 7.32. As life-long residents of this community, we respectfully request a variance to raze our existing one -car garage and attached breezeway and erect a new two -car garage with an attached breezeway. Our hardship is based primarily on lot size. Due to the shape of the lot, at the time the original house was constructed, the house was oriented to follow the shape tavern road, the paper street, and not Faulkner road, the actual existing street frontage. This lot shape and existing building orientation creates limited access to the site from Faulkner road. The proposal seeks to provide additional needed parking for the site and will make the neighborhood more cohesive and cleaner in appearance. We've already completed extensive improvements on the home and this is the final phase of our proposed renovations. Thank you again for your consideration regarding of this matter. Sincerely, April & Vincent Grasso Albert P. -Manzi III, Esq. Gairman Ellen P. McIntyre, Tlice-Gairman D. Paul Koch Jr, Esq. Clerk Doug Ludgin Allan Cuscia Town of North Andover ZONING BOARD OF APPEALS Legal Notice North Andover Board of Appeals Asso6iale Members Deney Morganthal Nathan Weinreich Alexandria Jacobs, Esq. Zonin ,g Enforcement Oficer Donald Belanger Notice is hereby given that the Board of Appeals will hold a public hearing at the Town Hall at 120 Main Street, North Andover, MA on Tuesday, June 13, 2017 at 7:30 PM to all parties interested in the petition of Vincent Grasso & April Lucibel, for property address 30 Faulkner Road (Map 044.0, Parcels 017), North Andover, MA 01845 in the R4 Zoning District. Petitioner is requesting a Variance from Table 2 (Dimensional Requirements) of the Zoning Bylaws, for one side setback (left) in the R-4 Zoning District to construct an addition of a two story breezeway and a Two stall garage to the existing home. Side setback proposed is 7.2 feet, the required side setback per Table 2 is 15 feet, the relief Variance needed is 7.8 feet Application and supporting materials are available for review at the office of the Zoning Department located at 120 Main Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi 111, Esq., Chairman Published in the Eagle Tribune on: May 3 0, 2017 June 06, 2017 (00084696;vll 6/6/2017 P-� , j Legal Notices Source Eagle -Tribune Category Legal Notices Published Date May 30,2017 Notice Details notices.eagi etri bune.corrl� isti ng/1 0905164 n Home F-4 Submit a notice pouleredby P U B L I C NOTICES All Notices Legal Notices Public Notices t3 Back North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Town Hall at 120 Main Street, North Andover, MA on Tues- day, June 13, 2017 at 7:30 PM to all parties interested in the petition of Vincent Grasso and April Lucibel- lo, for property address 30 Faulk- ner Road (Map 044.0, Parcels 017), North Andover, MA 01845 in the R4 Zoning District. Petitioner is requesting a Vari- ance from Table 2 (Dimensional Re- quirements) of the Zoning Bylaws, for one side setback (left) in the R-4 Zoning District to construct an addi- tion of a two story breezeway and a Two stall garage to the existing home. Side setback proposed is 7.2 feet, the required side setback per Table 2 is 15 feet, the relief Variance needed is 7.8 feet Application and supporting ma- terials are available for review at the office of the Zoning Department located at 120 Main Street, North Andover, MA, Monday, Wednesday and Thursday f rom the hours of 8:00-4:00, Tuesday f rom the hours of 8:00-5:30 and Friday f rom 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi I 11, Esq., Chairman ET - 5/30,6/6/17 0 Copyright 2017, Public Notices. All rights reserved. Search powered bytransparensee About TermsofUse I PrivacyPolicy http://nobces.eagietribune.com/listing/10905164 U 00 L- M " W r, 0 (1) :E .I 4-0 0- fu 70 -- 0 c M -0 ko 0- CL (/� (o -,,e = C: 0 u m o LL ra 0 — (a > (Y) ro fa -0 ru 3, c 0 tm 'o fu m 0 m c IN, U, (-a o -Ln- �c .— 0) > C C: 0 .— c: m Ln N o > w CL 0 N Oo c W 41 'a .. M W 0 m C: 00 to a) I E < E U) CY r 0 ai 4-- o a) c 0 0 C) U 0 "Z j-- 0 0 a -C cr M W 0 CD- W Ln (U'O.o w :3 W a) E Ln w 0 (A co U Vq W 0,.O(n = 0 - L- t, c E j :3 .— N o fu 0.— cr-o N a) fu c Q� o N _0 ai U V) 0 U tn — a) a. 0-- D 0 C" W a) M -0 Ln 0. CL ra t C: 0 < > D)o 0 'a FA E C: 0. >. 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Petitioner is requesting a Vari- ance from Table 2 (Dimensional Re- quirements) of the Zoning Bylaws, for one side setback (left) in the R-4 Zoning District to construct an addi- tion of a two story breezeway and a Two stall garage to the existing home. Side setback proposed is 7.2 feet, the required side setback per Table 2 is 15 feet, the relief Variance needed is 7.8 feet Application and supporting ma- terials are available for review at the office of the Zoning Department located at 120 Main Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday f rom the hours of 8:00-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi I 11, Esq., Chairman ET - 5/30,6/6/17 (9 Copyright 2017, Public Notices. All rights reserved. Search powered bytransparensee About TermsofUse PrivacyPolicy http://notces.eagletribune.com/Iisting/l0905164 5/30/2017 Public Notices NORTH ANDOVER BOARD OF APPEALS NOTICE IS HEREBY GIVEN THAT North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Town Hall at 120 Main Street, North Andover, MA on Tuesday, June 13, 2017 at 7:30 PM to all parties interested in the petition of Vincent Grasso and April Lucibello, for property address 30 Faulkner Road (Map 044.0, Parcels 017), North Andover, MA 01845 in the R4 Zoning District. Petitioner is requesting a Variance from Table 2 (Dimensional Requirements) of the Zoning Bylaws, for one side setback (left) in the R-4 Zoning District to construct an addition of a two story breezeway and a Two stall garage to the existing home. Side setback proposed is 7.2 feet, the required side setback per Table 2 is 15 feet, the relief Variance needed is 7.8 feet Application and supporting materials are available for review at the office of the Zoning Department located at 120 Main Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-4:00, Tuesday from the hours of 8:00-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman ET - 5/30, 6/6/17 Appeared in: Eagle -Tribune on Tuesday, 05/30/2017 Back http://ma.mypubiicnobces.com/Pub[icNotice.asp?Page=Pub[icNoticePrint&AdID=4395561 Town of North Andover ZONING BOARD OF APPEALS affiett Y. Jtanzi 75J, &q. eAahmaa 0RT#j W,m 91. Jtc3ntqw, Me-6fa&maa to V6 Ddug&6 b"(9in 0 to 91). fflaul Xach Y%. &q. I- V at&a ewda a6mdate Atembm A DeaW Jtwqanthd Ac U Nath" We4m" a&xand,da (L yaco& &q. Date Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Town Clerk Time Stamp Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a =Variance Special Pen -nit Comprehensive Permit (40B) Finding For property located at: STREET: 3o Paud �mu S+ - MAP: oq4.0 PARCEL: 0 1 -� TOWN: North Andover, MA01845 TO MEETING DATE(S) (�U �(� S+ NAME OF PETITIO SIGNED: � I aOi'-7 Vinc-e,n4 G�MSSO (or petiti6ner's representative) 1600 Osgood Street, Building 20 - Suite 2035, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com K I `_5 5 -"7,' F 2 if, 0 f -i 7 7 -31 4� — 2L 5 21153 1, 7 SA 'I I 4',74-A QUITCLAIM DEED Vincent Grasso, an unmarried man-, of North Andover, Essex County, Massachusetts, Vincent J. Grasso, an unmarried man, of North Andover, Essex County, Massachusetts and Rosemarie Pemble f/k/a Rosemarie Grasso, a married woman, of Haverhill, Essex County, Massachusetts For consideration paid and in full consideration of ONE DOLLAR and 00/100 ($ 1.00) Grant to Vincent J. Grasso and April Lucibello, as co -tenants, of taulkner Road, North Andover, Essex County, Massachusetts With Quitclaim Covenants All of the right, title, and interest in and to a certain parcel of land with the buildings thereon situated in said North Andover, Massachusetts, on the northerly side of Tavern Road and being No. 9 of Section V1 on Plan of Tavern Acres, owned by Tavern Land Company, North Andover, Mass. Alstead Bros, July 1920, which plan is recorded in the North Essex Registry of Deed as Plan No. 409. Said lot is more particularly bounded and described as follows; Beginning at the southeasterly comer of the granted premises at a point on Tavern Road; thence in a Westerly direction along Tavern Road, 13.59 feet to a point; thence by a curve to the right 120.68 feet, said curve having a radius of 90,65 feet to a point on Faulkner Road; thence Northwesterly by said Faulkner Road 35.03 feet to Lot No. 20 on said plan; thence turning and running Northeasterly along said Lot No. 10, 117.09 feet to Lot No. 6 as shown on said plan; thence turning and ru i g Southerly along the westerly line of Lot No. 8 on said plan, 1378.71 feet to the point of the beginning. Subject to and with the benefit of easements, restrictions, covenants, conditions, and taking of record insofar as the same are now in force and applicable. Witness my hand and seal this 4 J" day of aoezl� '2017, V ncent Grasso COMMONWEALTH OF MASSACHUSETTS Countyof Z---SSC-)e On this day of 4144 20 LL, before me, the undersigned notary public, Fer-sonally appea-red Vincent Grasso, proved to me through satisfactory evidence of identification, wl�ich was --d -61HL4 kCe,7X _, to be the person who signed the preceding or attached doc-uments in my presence, and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of his/her/thcir knowled-e and belief. 0 otary Public Witness my hand and seal this 'Ic;k dayof LSQ-z;� 2017. COMMONWEALTH OF MASSACHUSETTS County of AL5� On this - �Qrday of ' P� o i -L.,\ 20 4, before me, the undersigned notary public, personally appeared Rqq�marie Pemble, proved. to me through satisfactory evidence of identification, which was ),"b . _, to be the person who signed the preceding or attached documents in my presence, and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of his/her/their knowledge and belief. (seal) Abutter to Abutter Building Dept Conservation ( X ) Zoning ( ) Town of North Andover Abutters Ustinq REQUIREMENT. MGL 40A, section 11 states in part Tarties in Interest as used in this chapter shall meFn the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owneris located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town.� Subiect Prone MAP PARCEL Name Address 44 16 Vincent Grasso 30 Faulkner Road, North Andover, MA 01845 Abutters Properties Map Parcel Name Address 33 12 Kenneth Hannan 98 Greene Street, North Andover, MA 01845 33 13 Scott lalura 104 Greene Street, North Andover, MA 01845 33 14 Michele Cranston 17 Faulkner Road, North Andover, MA 01845 33 15 Ralph Strout 11 Faulkner Road, North Andover, MA 01845 33 16 Andrew Mitchell 1 Faulkner Road, North Andover, MA 01845 33 19 Michael Mannion 20 Parker Street, North Andover, MA 01845 33 20 Ackfoyd Realty Trust 30 Parker Street, North Andover, MA 01845 33 21 Ridgehaven Realty Trusy 36 Parker Street, North Andover, MA 01845 43 19 David Nadeau 43 Bradstreet Road, North Andover, MA 01845 43 28 Philip Rohn 18 Woodbridge Road, North Andover, MA 01845 43 29 Dean Bates 26 Woodbridge Road, North Andover, MA 01845 43 30 Kathy Regan 11 Woodbridge Road, North Andover, MA 01845 44 2 Joel Parker 49 Bradstreet Road, North Andover, MA 01845 44 6 Ann McGravey 48 Bradstreet Road, North Andover, MA 01845 44 8 Stephen Noone 40 Woodbridge Road, North Andover, MA 01845 44 9 Thomas Driscoll 51 Parker Street, North Andover, MA 01845 44 11 Stephen Remley 21 Woodbddge Road, North Andover, MA 01845 44 12 31 Woodbddge Road Realty Trust 13 West Shore Road, Windham, NH 03087 44 14 William Sahlas 43 Woodbridge Road, North Andover, MA 01845 44 17 Bryce Hoffman 24 Faulkner Road, North Andover, MA 01845 44 18 Ludgin Family Trust 16 Faulkner Road, North Andover, MA 01845 44 20 Rlyez Karim 21 Faulkner Road, North Andover, MA 01845 44 21 Robert Kilcoyne, Jr 29 Faulkner Road, North Andover, MA 01845 44 22 Madelyn Crane 37 Faulkner Road, North Andover, MA 01845 44 23 Steven Faucher 50 Parker Street, North Andover, MA 01846 44 24 John DNscoll 42 Parker Street, North Andover, MA 01845 44 25 Jessica Saunders 49 Parker Street, North Andover, MA 01845 44 26 & 27 Joseph Reardon 62 Parker Street, North Andover, MA 0 1845 44 28 Michael Hogan 70 Parker Street, North Andover, MA 01845 44 59 Dan Butin 8 Hemlock Street, North Andover, MA 01845 Middle & Atkinson Schools Town of North Andover 120 Main Street, North Andover, MA 01845 This certifies that the names appoarUV on ft records of the Asseasopw Office, a# of Certified, b p .......... * '10 21 Cli 1C, VF -1 Aw It AV Im . uo%.. 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North Andover Zonin2 Board of Appeals Checklist for Applicants: Create 12 packages o be "Timed Stamped "at the Town Clerk's Office (in Town Hall) of the following; I . Signed Zoning Bylaw Review Form (You will receive this signed form from the Inspector of Buildings). 2. Applicable Permit Application (Special Permit, Variance, Finding) as well as Building Permit Application. 3. Plan of Land (a Certified Plot Plan from a Registered Land Surveyor, (RLS), must be.1 lxl7 or 17x22 (drawn to scalel/4 inch =1 foot -use 40 scale) plus the Mylar (only I Mylar is needed). All proposed changes outlined in red. 4. Floor Plans (four (4) elevations and plans, all floors existing and proposed). 5. Abutters List, this is acquired from the Assessor's Office (MGL 40A, Section 11). 6. Letter of authority from applicant if a representative will be speaking on their behalf at the hearing. 7. Deed of the Land *Any miscellaneous letters, pictures, etc. thatyou may like to suhmit. Pleaseprovide 12 copiesfor each of the packages. Bring in 2 Checks to the Zoning Assistant 1. To pay for Filing Fee(s).Made out to the Town of North Andover It 2. To pay for Postage fees for certified/return receipt mailings for all on the Abutters List, Based on Current USPS rates for each abutter plus applicant. Made out to the Town of North Andover. First Class Postage stamps for each abutter plus 2 ( to mail out decision) Create Four (4) sets of Mailing Labels from Abutter list (please include applicant). Insumma— bring the following to the Zoning Assistant at 120 Main Street. "Time Stamped" packa2es, 13 copies (the original time stamped copy will stay with the Town Clerk) 0 Mylar (1) 0 2 Checks (Filing Fee & Postage Fees) 0 First Class Postage stamps for each abutter plus two 0 Four (4) sets of Mailin2 Labels You will receive a Legal Ad from the Zoning Assistant when the above is all submitted to the Zoning Assistant. The applicant is responsible to bring this Legal Ad to the Eagle Tribune in a timely manner. This Legal ad must appear in the paper twice. If you have any questions, please feel free to call me at 978.688.9541 Thank you, Merylle Chase