HomeMy WebLinkAboutMiscellaneous - 30 FAULKNER ROAD 4/30/2018rn
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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
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WN OF
ANDOVER
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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
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5/30/2017
FF5�Zq
- i Legal Notices
Source Eagle -Tribune
Category Legal Notices
Published Date May 30,2017
Notice Details
noti ces.eagl etri bune.com 4 i sti ng/l 0905164
n Home Pf Submit a notice
poweredhy PUBLIC NOTICES
Ea efl, 10� bulle,
A] I Notices Legal Notices Public Notices
t3 Back
North Andover Board of Appeals Notice is hereby given that the Board of Appeals wil I hold a public hearing at the Town Ha 11 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 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
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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
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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