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Miscellaneous - 316 STEVENS STREET 4/30/2018 (2)
316 STEVENS STREET 210/095.0-0006-0000.0 ------- J I I r I I i i I II i I t F1 a 1 fi 1 s t � cc t� f 4 D !r r O D �0 ,1 1 Sar OF"" 040B ferias 3- -D6 doe am r'� IR— Siou doe am, i 1 �Do D C S 1 ' I a I I i i t I I I i II I I �I I Incomplete NAZDA Application Form Date:3LLTim I Missing: K 5 1 316 S�'e ver+s S�r,e,e�' �ovb - o0 9 CIO(I 777- 3a� a _ � 1 Town of North Afdover Office of the Zoning Bo ,d of APPE&IVED :e* Community Development and Ser611X F • r 400 Osgood Street g — 2QQ AY 2 P� 4 24 't 14U Gerald A.Brown North Andover, Massachusetts 0184. Inspector of Buildings Telephone(978)688-9541 NORTH TO�A I�OOb�,t hI D` Vi:fax(978)688-9542 MASS ACH0II T Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A,§17 Property at: 316 Stevens Street NAME: Robert A.Osgood,Jr., HEARING(S): April 11,2006 ADDRESS: 316 Stevens Street PETITION: 2006-009 North Andover,MA 01845 TYPING DATE: April 21,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120RMain Street,North Andover,MA on Tuesday,April 11,2006 at 7:30 PM upon the application of Robert A.Osgood,Jr.,316 Stevens Street(Map 95,Parcel 6),North Andover requesting dimensional Variance from Section 7,Paragraph(s)7.3&Table 2 for relief of the front setback,and from 7.4 and Section 2,Paragraph 2.27,&Table 2 for relief from the building height requirements of the Zoning Bylaw in order to raze and rebuild a single-family dwelling,and for a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to raze and re-build a pre-existing,non-conforming structure on a pre- existing,non-conforming lot Said premise affected is property with frontage on the East side of Stevens Street within the R-2 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on March 27&April 3,2006. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, Albert P.Manzi,III,and David R.Webster. The following non voting members were present: Thomas D. Ippolito,Richard M.Vaillancourt,and Daniel S.Braese. Upon a motion by Richard J.Byers and 2°d by David R.Webster the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 for relief of 8'from the front setback and from Sections 7.4,2.27 and&Table 2 for relief of 1.1'from the height requirement in order to raze and rebuild a single family dwelling;and upon a motion by Richard J.Byers and 2nd by David R Webster,the Board voted to GRANT a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to raze and re-build a pre-existing,non-conforming single family dwelling on a pre-existing,non-conforming lot per. Site: 316 Stevens Street Vvfap 95,Parcel 6),North Andover,MA 10845 Site Plan Title: Plot Plan,316 Stevens St.,North Andover,MA,prepared for,Robert A. Osgood,Jr.&Ann M.Osgood Date(&Revised Dates): 30 January 2006 Registered Professional John Gilbert Dido,P.L.S#32657,48 Hathorne St.,Salem MA 01970 Land Surveyor i Building Plan Title Residence for Robert&Ann Osgood,316 Stevens Street,N.Andover By: G.L Bruno,G.J.Bruno Associates,Residential Designers,28 Berkeley Road,N.Andover MA 01845 Date: 9-24-05 Sheet/Drawing: Al-A4,Job no. 1039 Page 1 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 �r Town of North Andover Office of the Zoning �W@kppeals Community Develo rrTMUMN J� ibivision p • , r. SS 0 � � ,� Gerald A. Brown 24 North Andove Inspector of Buildings Telephone(978)688-9541 TOWN 0'7 NORTH ANDbVER Fax(978)688-9542 MASSACHUSI T i c Voting in favor of the petition: Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and David R- Webster. Voting against the petition: Ellen P.McIntyre. The Board finds that the particular circumstances of 316 Stevens Street relating to topography are that the lot falls abruptly away from the road requiring a retaining wall along the front lot line and requiring the existing(and proposed)basement floor to be build 22'from the road in order to be above the high groundwater. The Board finds that the placement of the existing remaining structures,the pool,patio,& shed,block the new dwelling being moved to the right. The Board finds that the applicant would need excessive amounts of fill to create a platform to allow the new dwelling to be rebuilt 30'from the road and 35'high at grade. The Board finds that the Plan of Land in North Andover,Mass owned by Robert M.& Dorothy S. Wood,Planning Board Approval Not Required 8-22-66 N.E.R.D.Plan#2250 shows the existing foundation,retaining wall,and lot lines. The Board finds that the proposed dwelling height of 36.1'at roof ridge shall not be higher nor the 22'front setback greater than the existing single family dwelling per John Gilbert Dick's statement..The Board finds that the slope and high groundwater affect this parcel,but not the R-2 zoning district in general. The Board finds that the literal enforcement of 7.3, 7.4,2.27&Table 2,adding enough fill to create a plateau,would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds that that there was no written or spoken opposition.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 or purpose of the North Andover Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the zoning bylaw and that this proposed razing and rebuilding of a single-family dwelling. The Board finds that 316 Stevens Street is an appropriate location for a single-family dwelling,that this use,as developed, will not adversely affect the neighborhood,nor will there be any nuisance or serious hazard to vehicles or pedestrians. The Board finds that adequate and appropriate facilities will be provided for the provided for the proper operation of the proposed use,that utilities and off-street parking are provided. The Board finds that this use is in harmony with the general purpose and intent of this Bylaw,and that this change,or alteration,shall not be substantially more detrimental than the existing structure to the neighborhood. Note: The granting of the Variance and/or Special Permit 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 Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant, it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, pjl.� A"- Ellen P.McIntyre, hair Decision 2006-009. M95P6. Page 2 of 2 f Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 HORiM Town of North Andover Town Clerk Time Stamp Office of the Zoning Board of A eAWCEIV �+ Community Development and ServicWbi -16Q OFFICE 400 Osgood Street North Andover, Massachusetts 020MAR 22 AM 10: 45 Gerald A. Brown Telephone (978)688-9541 �q1 Inspector of Buildings Fax (978)688-9542 'TB MASS Legal Notice North Andover, Board of Appeals I Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street,North Andover, MA on Tuesday the 11th of April 2006 at 7:30 PM to all parties interested in the application of Robert A. Osgood, Jr.,316 Stevens Street (Map 95, Parcel 6),North Andover requesting dimensional Variance from Section 7, Paragraph(s)7.3 & Table 2 for relief of the front setback, and from 7.4 and Section 2, Paragraph 2.27, &Table 2 for relief from the building height requirements of the Zoning Bylaw in order to raze and rebuild a single-family dwelling, and for a Special Permit from Section 9, Paragraph 9.2 of the Zoning Bylaw in order to raze and re-build a pre-existing, non-conforming structure on a pre-existing, non-conforming lot.. Said premise affected is property with frontage on the East side of Stevens Street within the R-2 zoning district. Plans are available for review at the office of the Board of Appeals office, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on March 27& April 3, 2006. Legalnotice 2006-009. M95P6. _Im �._ fnO�N asp y 0 0 y O fli pptc 0�y O�i0 N(n QUO tQ Q.�D CO tpa w•0 voN�'`mroCo7�00)bN°�,t'od�mtmo'^�wOw';�vOC�30'.m�7OQ7DmDO�0fDtOoOO�.V:iNyyorOOmo<omQO°wNi i:pgNOWSCm0�mNnmmNmo0awcO.-�wNatOO0GoNxp0c0,�'3o�''•xNNawCa_�OQm7�oOwwmN3' "CC7.�7 ww��`00GO'�O.�.-'SmUQ0NOmwO-wmN�3O.;.��O Rwvw°07:~OornCn NG. - w joN4Op 3no K:0 cmCL oo OQo 0 �Nff�= row ooOo �O OAo '� 'W�DO-A NOoDaw0 w LO� Oo� (D.— "C . .45o � w�°' nQ0 OOJO0 =aoo — 0-m00o(c=nMQ3amwmy �. mmcm�oNmc = ZQ0 0rR�r1 -lo v � mmcoOomwooD =30a� I '. 0�Z' �a,:m NwfD.tC S'C O!»0 w0.NSw,O_w C? N� M� Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 No.: — / Date3-i/-4 :/ .- NOR7M - °�`"" TOWN OF NORTH ANDOVER BUILDING DEPARTMENT Building/Frame Permit Fee $ SAc►+Us� Foundation Permit Fee $ Other Permit Fee je5S 1 $ �-" 1760- yc6q/ -BuilaingAnspector Fi zBA 328 OF Nti TOWN OF NORTH ANDOVER RECEIPT SSgCHUSE This certifies that r .. haspaid.. .. .u. !. .... -....... f.......3.6.... ... ............... Receivedby... .................................................. Department.......... . ........................................................... WHITE: Applicant CANARY:Department PINK:Treasurer Zoning Board of Appeals North Andover Hearing No.: ZBA-2006-0010 Date: March 20, 2006 APPLICATION TYPE: SUBMISSION DATE: Variance & Special Permit Thu Mar 16, 2006 Applicant's Name: Owner's Name: NAME: NAME: OSGOOD JR,ROBERT A&ANN M OSGOOD OSGOOD JR,ROBERT A&ANN M OSGOOD ADDRESS: ADDRESS: 316 STEVENS STREET 316 STEVENS STREET TOWN: STATE: 21P CODE: TOWN: STATE: ZIP CODE: NORTH ANDOVER MA 01845 NORTH ANDOVER MA 01845 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: Work Location.: SITE ZONING: 316 STEVENS STREET TOWN: SECTION OF BYLAW: NORTH ANDOVER,MA 01645 f GIS# MAP: BLOCK: LOT: ACTION TAKEN: 4866 095.0 0006 I I Reason for filing: Var from 7.3(front setback),7.4(height)&Table 2 &SP from 9.2 to to raze&re-build single-family dwelling;pre-existing non-conf structure on a pre-exis4 non-conthrming lot. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE: I FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: Tue Mar 14,2006 Wed A r 05,2006 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: Mon Mar 27,2006 Sat May 20,2006 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: Mon Mar 27,2008 Tue Apr 11,2006 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: Mon Apr 03,2006 Sat Jun 24,2006 Sat Jun 24,2006 MEMBERS PRESENT: VOTE: I I MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeoTMS61998 Des Lauriers&Associates,Inc. Town of North Andover o,Ha eTf,,ti Office of the Zoning Board of AE&NEO Community Development and Se 6 ctimm • , j 400 Osgood Street RIPAY -2 PM 4: 24'SS "USE~� Gerald A.Brown North Andover,Massachusetts Inspector of Buildings TOYIN, OF, Telephone(978)688-9541 NORTH ANDC•y O&x(978)688-9542 MASSACNtlSE'T`? Any appeal is to certify that twenty(20)days appeal shall be filed within Notice of Decision have elapsed from date of decision,filed (20)days after the date of filing Year 2006 without filing of an appeal. of this notice in the office of the Date ,/yl/3 1 a �496 Town Clerk,per Mass.Gen.L.ch. deyee A.Bradshaw 40A,§17 Proat: 316 Stevens Street WWH§10 NAME: Robert A.Osgood,Jr., HEARING(S): April 11,2006 ADDRESS: 316 Stevens Street PETITION: 2006-009 North Andover,MA 01845 TYPING DATE: April 21,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120RMain Street,North Andover,MA on Tuesday,April 11,2006 at 7:30 PM upon the application of Robert A.Osgood,Jr.,316 Stevens Street(Map 95,Parcel 6),North Andover requesting dimensional Variance from Section 7,Paragraph(s)7.3&Table 2 for relief of the front setback,and from 7.4 and Section 2,Paragraph 2.27,&Table 2 for relief from the building height requirements of the Zoning Bylaw in order to raze and rebuild a single-family dwelling,and for a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to raze and re-build a pre-existing,non-conforming structure on a pre- existing,non-conforming lot. Said premise affected is property with frontage on the East side of Stevens Street within the R-2 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tree,a newspaper of general circulation in the Town of North Andover,on March 27&April 3,2006. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard L Byers, Albert P.Mann,III,and David R.Webster. The following non-voting members were present: Thomas D. Ippolito,Richard M,Vaillancourt,and Daniel S.Brame. Upon a motion by Richard J.Byers and 2°d by David R.Webster the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 for relief of 8'from the front setback and from Sections 7.4,2.27 and&Table 2 for relief of 1.1'from the height requirement in order to raze and rebuild a single fatuity dwelling;and upon a motion by Richard J.Byers and 20d by David R.Webster,the Board voted to GRANT a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to raze andre-build a pre-existing,non-conforming — single family dwelling on a preexisting,non-conforming lot r� 1 Site: 316 Stevens Street Wap 95,Parcel 6],North Andover,MA 10845 Site Plan Title: Plot Plan,316 Stevens St.,North Andover,MA,prepared for,Robert A Osgood,Jr.&Ann M.Osgood Date(&Revised Dates): 30 January 2006 Registered Professional John Gilbert Dick P.L.S#32657,48 Hathome St.,Salem MA 01970 Land Sun+ or Building Plan Title Residence for Robert&Ann Osgood,316 Stevens Street,N.Andover By: G.J.Bruno,G.L Bruno Associates,Residential Designers,28 Berkeley Road,N.Andover MA 01845 Date: 9-24-05 Skeet/Drawing Al-A4,Job no. 1039 Page 1 of ATTEST, A True Copy � �O Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9F&U n Clerk Town of North Andover t MORr� Office of the Zoning A Agippeals Community DevelopnTWAd ibivision •' s 400 JMAi 24 's=,CUS�s Gerald A.Brow North Andove , aft Inspector of Buildings Telephone(978)688-9541 i ��� �' NORI TH ANDOVER Fax(978)688-9542 MASS ACH LS_.T Voting in favor of the petition: Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III,and David R- Webster. Voting against the petition: Ellen P.McIntyre. The Board finds that the particular circumstances of 316 Stevens Street relating to topography are that the lot falls abruptly away from the road requiring a retaining wall along the front lot line and requiring the existing(and proposed)basement floor to be build 22'from the road in order to be above the high groundwater. The Board finds that the placement of the existing remaining structures,the pool,patio,& shed,block the new dwelling being moved to the right. The Board finds that the applicant would need excessive amounts of fill to create a platform to allow the new dwelling to be rebuilt 30'from the road and 35'high at grade. The Board finds that the Plan of Land in North Andover,Mass owned by Robert M.& Dorothy S. Wood,Planning Board Approval Not Required 8-22-06 N.E.R.D.Plan#2250 shows the existing foundation,retaining wall,and lot lines. The Board finds that the proposed dwelling height of 36.1'at roof ridge shall not be higher nor the 22'front setback greater than the existing single family dwelling per John Gilbert Dick's statement. The Board fords that the slope and high groundwater affect this parcel,but not the R-2 zoning district in general. The Board finds that the literal enforcement of 7.3, 7.4,2.27&Table 2,adding enough fill to create a plateau,would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds that that there was no written or spoken opposition.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 or purpose of the North Andover Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the zoning bylaw and that this proposed razing and rebuilding of a single-family dwelling. The Board finds that 316 Stevens Street is an appropriate location for a single-family dwelling,that this use,as developed, will not adversely affect the neighborhood,nor will there be any nuisance or serious hazard to vehicles or pedestrians. The Board finds that adequate and appropriate facilities will be provided for the provided for . the proper operation of the proposed use that utilities and off- street 'n provided. The Board finds P� g are that this use is in harmony with the general purpose and intent of this Bylaw,and that this change,or alteration,shall not be substantially more detrimental than the existing structure to the neighborhood. Note: The granting of the Variance and/or Special Permit 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 Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-cstabhshed only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre, hair Decision 2006-009. M95P6. Page 2 of 2 Board of Vpeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 "C SEX NORTH REGI TRY OFA DEEDS r, r,^1.7F CCOY ATTEST TRY Q b iAt , •i i c-i 54tr— NOTE5 4 �1t iS►"7 NG L7 w�u itJG� I S C.OcR i 2.O A: - i T—O /j�� C G�A7�r✓1 �/ Jif �f''Q' !; n G�.� tltltl I � I, ;I a fit P�,tit SN rZ Dom. l aJ 0/20c -gip,. �' ✓rs- I; I /33, 8 CS6` ' f 2•A�O6- �—T � N � .; 97'7, 1 I k, CNl�oO!-7'-7 ✓(3"� Gcat��t'1"t ��?_J 1 Sr i. p '' i _ I I is � its I f , i I i .ji 1 , I 1'u f 3 ?" 40s 316 I I II i � j li c� 7' Zo 3�0 Tti o� i z �o- i qG•Z' 0 Z s i of n , AMO r2 i v&t-,*t Y ; \ 5.�z Wit/• zc se 9� ti�G�� � •/ fir, Ek, 41 o \'yam s D2vY/ }, s um �Ls� µA�rH•v�� eel r A sS�s.S a2 s r,'AP A2 -)4 '' 37, 500 S.F: -r7 77 a� #o: -PIP 1 t i r 1 r� i I 1 i I / -PIP f �s� �'a, b CoQ• ° ti�G� q9. s � FECEIVED TOWN OF NORTH ANDOVER VARIANCE.. C1_.Ei;t, ZONINGBOARD OF APPEALS 2006 MAR 16 AM 11: 07 NAME: A © SG'ccoa J (Z- ADDRESS ADDRESS OF APPEAL: 316 S7z! 6-^J S7/Lf--� T(�Cp,plprl.Pne stamp Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be . STEP 6: SCHEDULING OF HEARING AND submitted thirty(30) days prior to the first public hearin . PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the time The Office of the Zoning Board of Appeals schedules the periods prescribed may result in a dismissal by the applicant for a hearing date and prepares the legal notice Zoning Board of an application as incomplete. for mailing to the parties in interest(abutters) and for The information herein is an abstract of more publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of specific requirements listed in the Zoning Board the Party in Interest fee. Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office of STEP 1: ADMINISTRATOR PERMIT DENIAL: thG Zoning Board of Appeals and delivers the legal notice The petitioner applies for a Building Permit and receivers to the local newspaper for publication. a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause'on behalf of the required in items 1 through and including 11 shall be petition, the Board shall decide on the matter by using q completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4. -OBTAIN LIST-OF PARTIES IN INTEREST: General Law ch. 40A§ 17, within twenty(20) days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one(1)original and ten (10)Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 381 Office to be certified by the Town Clerk with the time and Common St., Lawrence MA, and shall complete the date of filing. The original will be left at the Town Clerk's Certification of Recording form and forward it to the Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals and to the Building Department. Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: Forth Andover Town Hall 978-688-9533 Office of CommunityDev. &Services 120 Main Street 400 Osgood Street, North Andover, MA 978-688-9501 Town Clerk's Office 01845 978-688-9566 Assessor's Office 978-688-9542 fax for Community Development offices 978-688-9545 Building Department PAGE 1 of 4 978-688-9541 Zoning Board of,Appeals Office PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE Please complete all items 1 -10 below. 1. Petitioner: *Name, *Address and telephone number: _ t-ZoCe►2-r- osgo®1> `' - QST • q 954 31 6 571&—Ut.J S S7rZa 'The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: fZca3csi2t A . 3t 5rz-sr sS s 0176 . 984?. 9950 t, J TV- 44y 0aJ&1Y1-- � Nf 4 C 1E54+'5 Years Owned Land: ^� 3. Location of Property: _ a. Street: 3 i 5'7Z�1/'�S �- T'' Zoning District: b. Assessors: Map number: Lot Number: � c. Registry of Deeds: Book Number: 6+:37- Page Number: 7-0 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. -qbz:r= 7. 3 -7. 14L sazr: Z. 27, 5�.T- O'. Z A*_� -TLrs- Z `Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: e•Z vac� 1 ,� - s� CS&C-r- 7.3 � �. � v I�,,,,r� 7��Ht �1��?` ��v►� S Cso�.f-s �.� 2.v7 �• /�-t_�rn21-�� o� ��'�Ct 7� tib•��GFc.vG S�,�u�Pz-s2� se-aQ-` 4.2 The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 8 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 will not Involve additional items not Included above. 6A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Larking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B (dear A 3.7,,'00 s. '% B. % Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 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 B Rear ,3'j�SooS.F' -►- ��� 23®�� 0.1fg. Z2r � ! � 1 1 t � �� r 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear NSA- ZZ.� 9 ! J. 049 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 B Rear i 1+31540 F-- WA 160 30 3,0 30 30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units" I[ (35.FJ-- 2 Zzzc 2cs1Da--St-- I "Reference Uses from the Zoning Bylaw&Table 9. "State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors , Sq.feet Building" of Units" 188v 2 3G. t 360 (2�s,occr CSS rvrc���c c�`t'� i *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 6. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeak does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature: WO.--0jN,,L- T e above name here: 1ZD&C-aT A - O S4-00( , J(L. Zoning Bylaw Denial Town Of North Andover Building Waw nt k vsr, MA. 01846 a� • North Ando 400 Osgood `'jss. ..A;•� Phone 9jS4ijM"Fax 97i-iill 9649 Street t icant Robert Os cod lea uest r re - teen and PMns thth4 youK Appl�� is PNaso to advised that etre rwiew of You wee, a DENIED for deo follawlng Zoning B�r'r' Zoning - Notal MNotwIlamnonFrontageA Lot Ana InwfflcieMLotareaInsufficientFm 1 F Com ies2 Lot Area Lot Area Insufficient Informationseer FrOFMNU BUnUAllowed G Contiguous Building Area A 2 Not Allowed f InsuffiderK rea Use Preexists 2 Com e 4 Special Permit Required S Preece CBA 5 Insufficient Itrfotrrr Won 4 Insu(SCient Irrfonnation H Building C f Exceeds Maid turn 1 All setbacks comply 2 pass 2 Front Insufficient 9 3 Leff Side Irrwfffcient 4 Irtsufticient Inforrnetion 4 ht Side Insufficient Building CDV~ 5 Rear Insufficient maxsmum 6 Preexisti s 1 Cove exceeds 7 Insuffident Information 2 Cov D 3 Coverage PreewswQ yes 1 Nat in WatershedYQ 4 Insufficient Information 2 In Watershed J Sign _8 3 Lot prior to 1 M4/94 1llt]�EEE ot allowed 4 Zone to be Determined 2 5 Insuffident lnfornration ies 3 N/A E Historic DisViet K 1 In District review wired RF More Parici wired *198 2 Not in district yes PaMng Com 3 Insufficient Information 3 Insufficient Intorrnation 4 Pro-ocisting Parks Remedy for the above is checked below. Rom# 8 Paniits Planni Board lam 5 Variance Site Plan Rwiew SD@cW Permit - Sdback Variance Access other than F . Permit Parkin Variance F e Lot Permit lot Area Variance Common Permit — VarrttK:a Variance for n Congrande Hazim Spec*Permit ContinukV Can Retirement Specid Permit 8 id Pant s Zoni Board Permit • Permit Non-Corrformin Use ZBA I Housi Earth Ranv*, l I Permit ZBA LarEstaa Condo . Permit Permit Use not Luted but Similar Planned District Pemnit Planned Residential ' Pamdt Permit for Sign R-8 Permit 8 Permit • n nonconformin Watershedspacw Permit I, No dam AWWW seed or a =@ W be sena d acteld.9lnrlion.of i by Y ted m ror.d WW .�•by ft�t am m a advice else be baud m verbal �by ft aPP�d ���a atter � panda d*kV 1-answersbttr dew reaaorr kr DENIAL Any irotaa8*%niMadtiq dwpas to er i ll, r ti wbmfaed by"qVkMad be fumb la thin rasa b bew"at"diacrabo 'of the Buiidip Daparbno t.The at oMW d Oxm t ftd arae R&*x NanalMl'dW ba sett ched hwft 0d P= we' rw by raN ►o- The b�dapnlnunt veil rat and prase end doaarrntalion for the above sL You t Han i"ew Narradve The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: j lawn Pbom"IMr . C-2 A Variance for the front setback is re uired throu h the Zoning Rnard nf Appeal -, -under sent-ion-7 . 3 & Rulaw- H-1 A Variance for the proposed re-built single family welling is..r.Pcajr Board of Anneals der Section 7 . 4 . Section 2 . 27 , .& Table 2 B-4 A S eci l Permit for a re-existin non-conforming ncr Board of Appeals under Section 9 . 2 of the Zoning Bylaw Ref*md To: Fire IHath Police x Zonina Board Conservation Depwbwltof Public Works Planning Mstorkgi Commission Odw euaoiwc;DEPT To: Town of North Andover Zoning Board of Appeals From: Robert A. Osgood 316 Stevens Street North Andover, MA 01845 Date: 15 March 2006 (three pages total) Subject: Section 7.3 and table 2 variance A. My particular variance request is for front setback provisions of section 7.3 table 2 of the Zoning Bylaw. A minimum setback of 30 feet is required. A minimum setback of 22 feet is proposed. B. The particular circumstances of my lot relating to topography and structures especially affecting the property are the existing grades,which would necessitate excessive fill in order to construct a dwelling further from Stevens Street and the presence of the existing dwelling,which is presently located 22 feet from Stevens Street. (The right front corner of the proposed dwelling will occupy the same location as the existing structure.) C. Due to the placement of the existing foundation prior to our purchase of the property,placing the proposed dwelling elsewhere on the property would involve substantial regrading and the removal of an existing pool and patio,which would result from literal enforcement of the setback requirement if zoning relief were not granted. D. The granting of this variance will allow minimal disturbance of the existing lawn and landscaping and retain maximum separation of thero osed dwelling from P P g the existing pond,while maintaining the existing setback from wetlands located across Stevens Street(in accordance with a Determination of Applicability recently granted by the North Andover Conservation Commission). These circumstances support the finding that the relief sought is desirable and effects no substantial detriment to the public good. E. Approval of the variance will not substantially derogate from the intent of purpose of the zoning bylaw because the proposed use will be no more non-conforming than the existing use with regard to frontage setbacks. F. Not applicable. 1 Subject: Section 7.4, section 2.27 and table 2 variance A. My particular variance request is for building height provisions of section 7.4, section 2.27 and table 2 of the Zoning Bylaw. A maximum building height of 35 feet is required. A height of 36.1 feet is proposed. B. The particular circumstances of my lot relating to soil conditions especially affecting the property are high groundwater and existing slopes falling away to the North of the proposed dwelling. The basement floor should not be set at a lower grade than the existing due to high groundwater conditions. The particular circumstances of my lot relating to topography and structures especially affecting the property are the existing grades,which fall away from the road abruptly, requiring a retaining wall along much of the frontage. Placement of the house ridgepole at 35 feet would necessitate excessive excavation in order to construct the dwelling, and would require extensive regarding in order to direct driveway drainage around the dwelling from Stevens Street. (The right front corner of the proposed dwelling will occupy the same location as the existing structure.) C. Due to the placement of the existing dwelling prior to our purchase of the property,placing the proposed dwelling at a lower elevation on the property would involve substantial regrading and the removal of an existing pool and patio, which would result from literal enforcement of the height requirement if zoning relief were not granted. D. The granting of this variance will maintain the existing lawn and landscaping and retain the existing ridgepole elevation. No greater vertical obstruction is proposed to the neighbors' views of the pond. These circumstances support the finding that the relief sought is desirable and effects no substantial detriment to the public good. E. Approval of the variance will not substantially derogate from the intent of purpose of the zoning bylaw because the proposed use will be no more non-conforming than the existing use with regard to building height requirements. F. Not applicable. 2 QUITCLAIM DEED BK 5432 PG 20 Maureen V. Cavanaugh of North Andover, Massachusetts for consideration paid of Two Hundred Forty-Five Thousand Dollars and No Cents ($245, 000.00) -5I' grant to Robert A. Osgood and Ann M. Osgood, husband and wife, tenants by the entirety with QUITCLAIM COVENANTS, MAY 17PMPml: The land with the buildings thereon situated in North Andover, in said County, shown as Lot #1 on "Plan of Land in North Andover, Mass. , dated 7/26/66" recorded with North District Essex Registry 9 of Deeds as Plan No. 5520 . Said lot is more particularly bounded 0-6 and described as follows: Cc 4J 9 w WESTERLY: by Stevens Street 230 feet, , more or less; NORTHWESTERLY: by land now or formerly of Lawlor 155 feet, more or less; NORTHEASTERLY: by Pleasant Street 7 feet, more or less; m q p EASTERLY: by Lot #2 on said plan 270 feet, more or less; and u `a SOUTHERLY: by Lot #2 on said plan 150 feet, more or less. M � The Southeast corner and the Southwest corner of the premises are 25 feet from land of Steven and the Southerly line of the granted premises is parallel with the Southerly line of the remainder of the land now or formerly of Wood. See Plan No. 2575 recorded with the North District Essex Registry of Deeds . , There is appurtenant to the above described premises an easement for sewer purposes from Pleasant Street to the granted premises as more fully described in a deed from Wood dated July 30, 1966 and recorded with said Registry in Book 1066 , Page 45 . 0 0 W 0 c wz 03 � a0 Q �0 a U Subject: Special Permit to alter and extend pre-existing, non-conforming structure on a pre-existing non-conforming lot subject to Section 9.2 1. My particular variance request is for construction of a non-conforming structure (frontage setback) on a pre-existing, non-conforming lot(area). As set forth above,the proposed conditions are no more non-conforming than those presently existing. A minimum setback of 30 feet is required. The pre-existing(and proposed)minimum setback is 22 feet. Current zoning requires a lot area of 43,560 square feet. The existing lot area is 37,500 square feet(this area was conforming at the time of original subdivision and construction of the property). 2.This site is an appropriate location for the proposed structure and condition because the proposed dwelling will replace an existing,non-conforming dwelling in essentially the same location(frontage setback and ridgepole height above grade)on an existing residential parcel. 3.There will be no nuisance or hazard to vehicles or pedestrians because cause no obstruction or increase of existing use of the public right of way is proposed. 4.Adequate and appropriate facilities will be provided for the proper operation proposed use because no change of the existing use is proposed. Existing public and utilities are presently available. New service connections to the proposed dwelling may be made without undue disturbance to or construction within the existing right of way. 5.This use is in harmony with the purpose and intent of the Zoning Bylaw because the proposed dwelling will replace an existing dwelling,without imposing further burden on municipal resources or the character and density of the neighborhood. 6.The unique criteria of the applicable Zoning Bylaw section appear to impose no special conditions.No earth removal or other significant change to the use or condition of the property is proposed. The placement of the proposed dwelling within the same footprint as the existing non-conforming dwelling minimizes both the duration and the extent of construction while effecting no significant change in the long term use of the property(a single-family residential parcel in a single-family residential neighborhood). 3 R x�s,`.�• �•,�� tom',.�,;,, ��. '� ail!JU6 .g,.So a.% . Ro�•�p �.�• P.�„�SSaa f�me� JohVIM-51`3. Veven5 Qok oz 0 _ ow 42 C50 h x o N 00 �•• 2`70± a Lo-r $v1 v 37, 500 + �j 1 � ot �n 3 1 3 0 =•.rT�foj. �.�.r--1-••--�r'�^•--ti.••� �•.,... $5�Y7�•.....I �....... 82.0 IS V IN IS To SH()F ldpSs� g c r�i+ �3 I�AR71N OF L A N o i " No SUS X04 PLANNING BOARD APPROVAL UNDER SUBDIVISIONLAW NOT REQ?IR DTF.OL NORTH ANE)ove MssPLAINT G BOARD Off' � �Idi�T1a �NDov�.c;� MAsS, - 0wrJj=- D 13 Y e _ Oma%RT Ki DOROTHY S. WOOD ,�• ,� i SCALP- 1 - 50 134a j3RW358LJR gSSoz1WTZI5 6o% bq n.E Y ST. NAS 23G N:pVSRHILLj AA 14 Abutter to Abutter( ) Building Dept. ( ) Conservation (�) Zoning (kl") Town of North Andover Abutters Listing REQUIREMENT: rnGt_40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean 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 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." s Prooertv: MAP PARCEL Name Address 95 6 Robert A Osgood 316 Stevens Street North Andover,MA 01845 Abutters Properties Man Parcel Name Address 95 7 Brian Lawlor L,8'Rose Lane Boxford,MA 01921 95 8 William Melvin 271 Stevens Street North Andover,MA 01845 95 24 Compass Properties L/PO Box 474 North Andover,MA 01845 95 71 Richard Webster 1/520 Stevens Street North Andover,MA 01845 96 2 Edward Stevens v uYV;V Great Pond Rd North Andover,MA 01845 96 73 Trustees of Reservation 1/375 Essex Street Beverly,MA 01915 96 74 Kathryn Hughes All l Stevens Street North Andover,MA 01845 96 75 Marcus Smith V825 Stevens Street North Andover,MA 01845 Date 10/26/2005 Page 1 of 1 This certifies that the names appearing on the records of the Assessors_,Office as of Certified Date -PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B.*Plan Specifications: Application for a Variance must be supported by a 1) Size of plan: Ten (10 ) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Variance in One(1) Mylar. from the requirements of MGLA ch. 40A, Sec. 10.4 and Ell) Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be clearly identified and factually five(5) ZBA signatures and date indicated on the supported. All points,A-F, are required to be Mylar. addressed with this application. *10 C. *Features To Be Indicated On Plan: A. The particular use proposed for the land or t) Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions, shape 2. zoning district (s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands (if applicable) sought which do not affect generally the zoning 5. abutters of property,within 300' radius district in which the property is located. 6. locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50'from applicants proposed structure financial or otherwise,which results from literal 7. deed restrictions, easements. enforcement of the applicable zoning restrictions ft)Legend&Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines &outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Facts relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. .5. Title of Plan E. Facts relied upon to support a finding that relief 6. Names addresses and phone numbjers of the sought may be given without nullifying or applicant, owner or record, and designer of substantially derogating from the intent or purpose surreyor. of the Ordinance. F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects, such as decks, sheds, and garages application. shall require only the plan information as indicated with an.asterisk(*). In some cases further information may 10. PLAN OF LAPID be required. Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans 11. APPLICATION FILING FEES must be submitted with this application to the Town 111'.A. Notification fees: Applicant shall'provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: "Town of North Andover- prior to the public hearing before the Zoning Board of #022-1760-4641"for the cost of first class, certified, appeals. return receipt($4.42 as of November 2003) x#of all parties in interest identified in MGLA ch. 40A§11 on th A set of building elevation plans by a Registered abutter's list for the legal notice check. Also,the Architect may be required when the application applicant shall supply first class postage stamps involves neve construction/conversion/and/or a (currently 37¢)x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. 10. A. Major Projects 11.13. Mailing labels:Applicant shall provide four(4) "-M. ajor projects are those, which involve one of the sets of mailing labels no larger than 1"x2-5/8" (3 copies rollowing whether existing or proposed: for the Legal, and one copy for the Decision mailing). t) five (5) of more parking spaces, . H)three (3) or more dwelling units, 11.C. See 2005 Devised Fee Schedule. 1111)2,000 square feet of building area. ® A Variance once granted by the ZSA°will lapse it Major Projects shall require, that in addition to the 10B & 1 (one)year if not exercised and a new petition mu 10C features, that the plans show detailed utilities, soils, and topographic information. be submitted.4 RE C_EiV ED TOWN OF NORTH ANDOVER SPECIA T-ERKM ZONING BOARD OF APPEALS iUGu MAR 20 Ph 1: 25 NAME rzad&Y 1 A a 5'4'04'7® J11- ADDRESS OF APPEAL 316 s rte/� s s�? - `''� '- n. TrAvj,Clea;Time,starve a "'I " i':�T Procedure & Requirements for an Application for a Special Permit Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty(a days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal rTZonll Board of an a ication as incom ete. notice for mailing to the parties ininterest(abutters) and he information herein is an abstract of more specific for publication in the newspaper. The petitioner is I requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and-is not meant to supersede them.T,hee cost of the Party in Interest fee. Mitisrer will complete items that are underlined. STEP 7• DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf,or be as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petition,the Board shall decide on the matter by using STEP 3• PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited In Section 10 page 4 of this form. STEP 8: DECISION: After the hearing, a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch.40A sec. 17,within twenty (20)days after the decision is filed with the Town Cleric. STEPS: SUBMIT APPLICATION: Petitioner submits one (1)original and 10 Xerox copies STEP 10• RECORDING THE DECISION AND PLANS of all the required information to the Town Clerk's Office The petitioner is responsible for recording certification of to be certified by the Town Cleric with the time and date the decision, Mylar, and any accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 381 Common Office, and the 10 Xerox copies will be left with the St., Lawrence MA, and shall complete the Certification Zoning Board of Appeals secretary. of Recording form and forward it to the Zoning Board of Appeals and the Building Department.. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 400 Osgood Street 120 Main Street North Andover, MA 01845 North Andover, MA 01845 978-688-9542 fax for all Community Development offices 978-688-9545 Building Department 978-688-9501 Town Cleric's Office 978-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office PAGE 1 of 4 PAGE 2 OF 4 Data s Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS sic 1. Petitioner: Name, address and telephone number: 3 G s s s77e6?!r-- AZYL714 1)t-A ®10 °5 `The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: 9��$e7ltr A • 05400V tJ 2 � ftv�-j 0. ®5<0zV-0 Years Owned Land: 3. Location of Property: a. Street: -3 1G 5 &X--7S ST—Zoning District ° Z b. Assessors: Map number9 ,5 Lot Number: c. Registry of Deeds: Book Number ✓§-3Z- Page Number: Z b. By-Law Sections under which the petition for the Special Permit is made. S 6-G71 ayy 2. 2 A^--V 7-43[A,- 2. Refer to the Permit Denial and Zoning By4.aw Plan Review as supplied by the Building Commissioner. ►. Describe the Special Permit request: Oma- to2w • ,srr Ne,ir• e!e - 14I iG 5 r 72y c-7r4,&— rhe above description shall be used for the purpose of the legal notice and decision. A more detailed description Is 'quired pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): s : Lo;AreE. Open Spacc Percent Loft Frontage Parking. Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet 1 Spaces Front SideA Side B Rear % 2 zZ 91 f1t 6B. Proposed Lot(s): CfJO c_-H W3W — 6PAc*r07`"S i ePcs' 6 5erd4-c-le-) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Fronts Side A Side B� Rear % 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Frontage Parkin Pe P 9 g Minimum Lot Setback Sq. Ft. Sq. Ft. Covera a Feet Spaces Front Side A Side B Rear qJ0.36p 7A. Existing Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units*" *Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. 713. Proposed Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units" Its 15C) Z 3-Wo e b CI - FALf I C.7-D j *Reference Uses from the Zoning Bylaws&Table 1. "State number of units in building. 6. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismosalb i he Zonin -cation as incomplete. Signature Type above names) here 20 �T— ems. YN + mw � r. a .+ pvw a � aN + pwaaN at 1 m a rt go Ell N g rw � Z , m ., t M N r YN + i. W N + w.. • SON + = � YIJ + � w ► y "I In 11-1 C m wil s l ' - Fown koview Narradve The foiiow ft nennthre is povidad to further explain the rum for denial for tho applMat nj permit for the property irldka W on the mmu aide: IIS Ibt Dow C-2 A Variance for the -front setback is reauired. through H- A Variance for the Drop sed re-built sin le _fam31 and of ls der Sent-inn 7.4.. Section 2.27, •& Table 2 B-4 A Sr)ecial Permitre-existi non-conformin B a of App als under Section 9.2 of the--ZOning the--ZoningBylaw I i ROW. To: Firs HmM PON= Zoning Owd consmstion popowt of Pubft Wort Plsm MldrorfoU ConMnIBMW oyw SUUM oar i To: Town of North Andover Zoning Board of Appeals From: Robert A. Osgood 316 Stevens Street North Andover, MA 01845 Date: 15 March 2006 (one page total) Subject: Special Permit to alter and extend pre-existing,non-conforming structure on a pre-existing non-conforming lot subject to Section 9.2 1. My particular variance request is for construction of a non-conforming structure (frontage setback)on a pre-existing,non-conforming lot(area). As set forth above,the proposed conditions are no more non-conforming than those presently existing. A minimum setback of 30 feet is required. The pre-existing(and proposed)minimum setback is 22 feet. Current zoning requires a lot area of 43,560 square feet. The existing lot area is 37,500 square feet(this area was conforming at the time of original subdivision and construction of the property). 2.This site is an appropriate location for the proposed structure and condition because the proposed dwelling will replace an existing,non-conforming dwelling in essentially the same location(frontage setback and ridgepole height above grade)on an existing residential parcel. 3.There will be no nuisance or hazard to vehicles or pedestrians because no obstruction or increase of existing use of the public right of way is proposed. 4.Adequate and appropriate facilities will be provided for the proper operation proposed use because no change of the existing use is proposed. Existing public and utilities are presently available. New service connections to the proposed dwelling may be made without undue disturbance to or construction within the existing right of way. 5.This use is in harmony with the purpose and intent of the Zoning Bylaw because the proposed dwelling will replace an existing dwelling,without imposing further burden on municipal resources or the character and density of the neighborhood. 6.The unique criteria of the applicable Zoning Bylaw section appear to impose no special conditions.No earth removal or other significant change to the use or condition of the property is proposed. The placement of the proposed dwelling within the same footprint as the existing non-conforming dwelling minimizes both the duration and the extent of construction while effecting no significant change in the long term use of the property(a single-family residential parcel in a single-family residential neighborhood). 1 i I i John Dick PLS - 48 Hathorne Street - Salem, Massachusetts 01970 41 ir'6 I R E a 1+ r y p 1 existing grade north of existing dwelling John Dick PLS - 48 Hathorne Street - Salem, Massachusetts 01970 T AL a , Y e, i' 4- 1 ({St Of iv + •'.'.�w t"M"�*i,g+`��°. Tse' pkr - ''�._ S � � '+i o , r 4 f looking south along Stevens Street(note retaining wall to remain along frontage) %j%L%ted,S.16 god. Q+r +Dade.'•It¢11am v'n•Jt Ames Phy//is B• Sievems 8 260 ` Z 421 6so ± _ a ■. Q1 P �h 6) 0 " �I Q LOT I 1 v 37, 500 ± h � ?0 i / Z14 me Y� 2zl fA 0 .r-�' 230 s aSµ4F lgpss9c MARTIN O fD),AN OF LAND 1N sTE¢�o� 4Nn su��. PLMING BOARD .APPROVAL UNDERSUBDIVISIONNOYI5IONCONTROLNORTH PNt)0VP.-rJMi4SS LAW FOT REQUIRL+'•1� PLAANI C BOARD OP iJORTFI�ND�+vstt�MAsS owNie o g y ozr"RT Ki DoreoTgy S. W000 A.N�Jm7(4'7 +.7 7a S Hoc.•, P/le%l'Sfst� �;� • �'f� SC W l.� 1 - 50 4G1jsT 1566 f3Rw3s>=UR 19sso=iWTE-S Goy2. 13gIL.EY 5T. Nos z3& HAVERHIL L NAgss r QUITCLAIM DEED LAK 5432 PG 20 Maureen V. Cavanaugh of North Andover, Massachusetts for consideration paid of Two Hundred Forty-Five Thousand Dollars and No Cents ($245, 000.00) grant to Robert A. Osgood and Ann M. Osgood, husband and wife, (J tenants by the entirety III withUITCLAIM COVENANTS,Q Vffi�T S, NAY 1799 FM1 The land with t the buildings thereon situated in North Andover, in said County, shown as Lot #1 on "Plan of Land in North Andover, Mass. , dated 7/26/66" recorded with North District Essex Registry of Deeds as Plan No. 5520 . Said lot is more particularly bounded 00�. and described as follows: WESTERLY: b Stevens Street 230 feet m � Y , , ore or less; NORTHWESTERLY: by land now or formerly of Lawlor 155 feet, more or less; NORTHEASTERLY: by Pleasant Street 7 feet, more or less; m q a EASTERLY: by Lot #2 on said plan 270 feet, more or less; and SOUTHERLY: by Lot #2 on said plan 150 feet, more or less. O The Southeast corner and the Southwest corner of the premises ' are 25 feet from land of Steven and the Southerly line of the granted premises is parallel with the Southerly line of the a remainder of the land now or formerly of Wood. See Plan No. 2575 recorded with the North District Essex Registry of Deeds . ; There is appurtenant to the above described premises an easement for sewer purposes from Pleasant Street to the granted premises as more fully described in a deed from Wood dated July 30, 1966 and recorded with said Registry in Book 1066, Page 45 . 4► I P, 1 a WW Z cf IN r4 a a 0 U "I A! NI", 5 5 !4 dl'3zo «,03765 VrNs 10 C) L POW 9 2J I I 3za a 77 RA*T i C •'\ 4 rss a ��� U.%U Ati - 5 N - M•R` I �`.. %3 •� 7.0 At' , e.r,.. ra- 4 �n n i:. LLI 1 v> y S9 1 3G s!= i4 a.or Ai: `o ,•, A t, Y 7Y. •.,t IG9 � t I .0 S:L ` I r .P.1 2001 TAI I i%wy y No r,( J. (Yr I i.5. r>I.� I I � i i IN('.t: M„AIA)Ri,nrwTs Aril SCAtI"P OMIY No ror+�;urv:r (�if C•Ij i Abutter to Abutter( ) Building Dept. ( ) Conservation (�) Zoning (t/ ) Town of North Andover Abutters Listinq REQUIREMENT: MGL 40A,Section 11 states in part"Parties In Interest as used in this chapter shall mean 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 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." Subfect Property: MAP PARCEL Name Address 95 6 Robert A Osgood 316 Stevens Street North Andover,MA 01845 Abutters Properties Map Parcel Name Address 95 7 Brian Lawlor 5 Rose Lane Boxford,MA 01921 95 8 William Melvin 271 Stevens Street North Andover,MA 01845 95 24 Compass Properties PO Box 474 North Andover,MA 01845 95 71 Richard Webster 320 Stevens Street North Andover,MA 01845 96 2 Edward Stevens 72 Great Pond Rd North Andover,MA 01845 96 73 Trustees of Reservation 575 Essex Street Beverly,MA 01915 96 74 Kathryn Hughes 311 Stevens Street North Andover,MA 01845 96 75 Marcus Smith 325 Stevens Street North Andover,MA 01845 Date 10/26/2005 Page 1 of 1 This certifies that the names appearing on the records of the Assessors as of . �'j'q / ';-6 Certified Date O r is r- 7111 T71 rl _JL —t —+—� J +- - - _-------------------- P11�8TFLC'O� ''�" F gECOiJD Ft.c�R tJt7�2�E>•J t^JI�.IkxjtJ _- MD P�f► i L..LEV. E,�..H CO TDT�L ��F TRACTOR TO VERIFY ALL SITE CON01710NSAND DIMENSIONS IN FIELD 1 DO NOT SCALE om"Noa . -H Tmv ..� Ike �•a Rim"am.. w.rn..5......,.e.N.....o.•,.�x.•:<..:.�...�. .�.....:......:.....:c�,,�..aa.v...:•o,:.�.•,nrarnn...r.,;,��.au•..w,eenx•.:...-n.,.nx*,vw..::,,:..:�r.�.,r.:arr.cat.�rna.,�,r,e..,;,R.ax.�'.,F.,.,;... r le- A k�o o ff�L i i PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Special Permit must be supported by a 1) Size of plan: Ten (10) paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 1111"x17", preferred scale of 1"=40' Jetail all facts relied upon. When requesting a Special 11) One(1) Mylar. Permit from the requirements of,MGLA ch. 40A, and the Illi) Plan prepared by a Registered Professional North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be clearly identified and factually five (5)ZBA signatures and date indicated on the supported. All points, 14,are required to be Mylar. addressed with this application. *10 C. *Features To Be Included On Plan: r) Site Orientation shall include: 1. The particular use proposed for the land or structure. 1. north point 2. The specific site is an appropriate location for such 2. zoning district (s) use, structure or condition. 3. names of streets 3. There will be no nuisance or serious hazard to 4. wetlands (if applicable) vehicles or pedestrians. 5. abutters of property,within 300* radius 4.Adequate and appropr;ate facilities will be provided 6. locations of buildings on adjacent properties for the propel operation of the proposed use. ;within 50'from applicants proposed structure S. The use is in harmony with the purpose and intent of t 7. deed restrictions, easements Zoning Bylaw. 11) Legend&Graphic Aids: 6. Specific reference and response to the criteria 1. Proposed features in solid lines & outlined in red required by the particular Special Permit for which 2. Existing features to be. removed in dashed lines this application is made (i.e.the Earth Removal 3. Graphic Scales Special Permit has unique criteria and submittal 4. Date of Plan requirements.). 5. Title of Plan 6. Names addresses and phone numbers of the 10. PLAN OF LAND applicant, owner or record, and designer or Each application to the Zoning Board of Appeals shall surveyor. be accompanied by the tollowing described plan. Plans must be submitted with this application to the Town 10 D. Minor Projects Clerk's Office and ZBA secretary at least thirty (30) days Minor projects, such as decks, sheds,and garages, prior to the public hearing before the Zoning Board of shall require only the plan information as indicated with appeals. an. asterisks(`). In some cases further information may be required A set of building elevation plans by a Registered Architect may be required when the application 11. APPLICATION FILING FEES involves new construction/a conversion/and/or a A. Notification fees: Applicant shall provide a proposed change in use. check or money order to: "Town of North Andover- #022-1760-4841'for the cost of first class, certified. 10 A. Major Projects return receipt ($4.42 as of November 2003)x#of all Major projects are those which involve one of the parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check the E g . Also, h ,}lowing whether existing or proposed: applicant shall supply first class postage stamps ])five or more parking spaces, (currently 37cj x the#of parties of interest on the 11)three (3) or more dwelling units abutter's list for the decision mailing. !11()2000 square tc�et of building area. B. Mailing labels:Applicant shall provide four 4 0 pP P ( ) sets of mailing labels no larger than 1"x2-5/8" (3 copies Major Projects shall require that in add;tion to the above for the Legal mailing and one copy for the Decision features, plans must show detailed utiliti-s, soils, and mailing;. ►opographic information. ` C. See 2005 Rovised Fee Schedule. 4 444 A Special Permit once granted by the ZBA will lapse in 2(two) years if not exercised and a new petition must be submitted. (-(-(-F-