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HomeMy WebLinkAboutMiscellaneous - 336 CHESTNUT STREET 4/30/2018\o V RECEIPT Printed:11-29-2011 ® 14:38:07 Essex North Registry Robert F. Kelley Register Trans#: 144460 Oper:DELIAL JEFFREY E MARTHA CAPORALE Book: PL Page: 16595 Ctl#: 246 Rec:11-29-2011 ® 2:38:07p DOC DESCRIPTION TRANS AMT --- ----------- --------- PLAN Surcharge CPA $20.00 20.00 5.00 TECH FEE 5.00 Plan recording 50.00 Total fees: 75.00 Book: 12720 Page: 163 Inst#: 29125 Ctl#: 247 Rec:11-29-2011 ® 2:38:07p NAND 336 CHESTNUT ST DOC DESCRIPTION TRANS AMT --------- --- ----------- NOTICE Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 75.00 ** Total charges: 150.00 CASH PMT PAYMENT -CASH 150.00 Albert]'. Manzi 111, Esq. Chairman Ellen P. McIntyre, Vice-Cajiman Richard 1. Byers, Esq. Clerk Daniel S. Braese, Esq. Richard M. Vaillancourt Associate Members Michael P. Liporto Town of North Andover ZONING BOARD 01&iPP 1, �•o �63�:....., t.29,� ,2!5 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 �� "•° » 4-:' '• b til o� 25 { s A PETITION: 2011-007 * iii1 i1ft� - y9ssgcHus���y This is to certifyr,,; that twenty (20) days have ela g p ed from date of decision, filed without filing of an app al. Date Joyce A. rads aw Notice of Decision Town Clerk Year 2011 Property at- 336 (hestnnt Ctrevt NAME: Joseph and Martha Caporale ___JADDRESS: HEARING(S): 13 Sept 2011 and l 1 Oct 2011 336 Chestnut Street (Map 098.0 Parcel 106), North Andover, MA 01845 PETITION: 2011-007 ]ne North Andover Board of Appeals held a public hearing at the Senior Center, at 120R Main Street, North Andover, MA on Tuesday, October 1 Ith, 2011 at 7:30 PM on the application of Joseph and Martha Caporale, 336 Chestnut Street (Map 098.0 Parcel 106), North. Andover, MA 01845. Petitioner is requesting a Variance from Section 7 and Table 2 (Summary of Dimensional Requirements) of the Zoning Bylaw to construct an additional bedroom and bathroom in the R-3 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 August 30, 2011 and Sept 6, 2011. The following voting members were present: Albert P. Manzi 1I1, Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, and Daniel S. Braese. The following Associate members were present: Michael P. Liporto Upon a motion by Vaillancourt and 2nd by McIntyre to GRANT a Variance to allow from Sections 7 (Dimensional Variance) and Table 2 of the Zoning Bylaws for a side set back of 3.2 feet to construct an additional bedroom and bathroom in the R-3 Zoning District. The following members voted in favor to GRANT the Variance: Albert P. Manzi, Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, and Daniel S. Braese. In favor 5-0. The Board finds that that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial or otherwise, to the 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 The Board also finds that this use, as developed by the building and site plans, wiil :net adversely affect the neighborhood. There will be no nuisance or serious hazard.o vehicles or pedestrians sincethere are provisions for the required off-street parking. Adequate and appropriate facilities are provided to the existing residential dwelling where the new addition will be constructed. The Board finds that the new... addition wilt not be substantially detrimental to the existing" single faii�ily+ dwelling and to the ATTEST: ' A -True Cc Py �. Page I of 2 Town Clerk I neighborhood and that this use, of the new addition will be in harmony with the neighborhood and general purpose and intent of this Bylaw. Variance: 336 Chestnut Street (Map 98C, Parcel 106), North Andover, MA 01845. Section 7 and Table 2 of the Zoning Bylaw in order to build a new bedroom and bathroom in the R-3 Zoning District. Plan(s) Title: 1) "Plan of Land" Dated July 7th 2011 containing one (1) sheet. Prepared by Merrimack Engineering Services, 66 Park Street, Andover. MA. 0 18 10 2) "First Floor Plan Existing" containing one sheet (1) 3) "First. Floor Plan Proposed" containing one sheet(l) 4) `Basement Plan Existing" containing one sheet(]) 5) `Basement Plan Proposed" containing one sheet(] ) 6) "Second Floor Plan existing and proposed" containing one sheet(] ) 7 ) "Front Elevation Existing " containing one sheet(l) 8 ) "Front Elevation Proposed " containing one sheet(]) 9) "Left Elevation Existing "containing one sheet(l) l 0) "Left Elevation Proposed " containing one sheet(l) 11) "Rear Elevation Existing "containing one sheet(]) l 2) "Rear Elevation Proposed " containing one sheet(l) Voting in favor: Albert P. Manzi 111, Ellen P. McIntyre, Richard J. Byers, Daniel S. Braese and Richard M. Vaillancourt Voting in the Negative: N/A The Board finds that the applicant has satisfied the provisions of Section 7 and Table 2 of the Zoning Bylaw to construct a new addition at the side of the home for 336 Chestnut Street (Map 98C, Parcel 106), North Andover, MA 01845 in an R-3 Zoning District. 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(s) 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 two (2) years of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. North. Andover Zoning B and of Appe Is Albert P. Manzi III, Esq., hairrnan Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Daniel S. Braese Michael P. Liporto. Decision 2011-007 Page 2 of 2 RECEIPT Printed:11-29-2011 ® 14:38:07 Essex North Registry Robert F. Kelley Register _ Trans#: 144460 Oper:DELIAL JEFFREY 8 MARTHA CAPORALE Book: PL Page: 16595 Ctl#: 246 Rec:11-29-2011 ® 2:38:07p DOC DESCRIPTION TRANS AMT ----------- PLAN Surcharge CPA $20.00 20.00 5.00 TECH FEE 5.00 Plan recording 50.00 Total fees: 75.00 Book: 12720 Page: 163 Inst#: 29125 Ctl#: 247 Rec:11-29-2011 0 2:38:07p NAND 336 CHESTNUT ST DOC DESCRIPTION TRANS AMT ----------- --------- NOTICE Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 75.00 *** Total charges: 150.00 CASH PMT PAYMENT -CASH 150.00 I RECEIPT Printed:11-29-2011 ® 14:38:07 Essex North Registry Robert F. Kelley Register _ Trans#: 144460 Oper:DELIAL JEFFREY 8 MARTHA CAPORALE Book: PL Page: 16595 Ctl#: 246 Rec:11-29-2011 ® 2:38:07p DOC DESCRIPTION TRANS AMT ----------- PLAN Surcharge CPA $20.00 20.00 5.00 TECH FEE 5.00 Plan recording 50.00 Total fees: 75.00 Book: 12720 Page: 163 Inst#: 29125 Ctl#: 247 Rec:11-29-2011 0 2:38:07p NAND 336 CHESTNUT ST DOC DESCRIPTION TRANS AMT ----------- --------- NOTICE Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Total fees: 75.00 *** Total charges: 150.00 CASH PMT PAYMENT -CASH 150.00 Albert P. Manzi III, t sq. Chahman Ellen P. McIntyre, Via-Cbanman Richard J. Byers, Esq. Clerk Daniel S. Braese, Esq. Richard M. VaillallMtrt Associate Members Michael P. Liporto Town of North Andover ZONING BOARD Ot°.�,PP. ,� 7-y ., ;� 25 Any appeal shall be fled within (20) days after the date of filing of this notice in the office of the Town Clerk, er Mass. Gen. L. ch. 40A, §l7 'Ca �t�.ao i6 6.t.O 24:11 0CF G5 f ~ � PETITION: 2011-007 y�SSACHus This is to certify .�'jme �firiip , that twenty have ela s (2pj days P ed from date Withoutof decision, filed filing of an appeal / O A.. JoYce A. rads aw Notice of Decision Town Clerk Year 2011 Property at: 336 Chestnut Street NAME: Joseph and Martha Caporale HEARING(S): 13 Sept 2011 and 1 I Oct 2011 ADDRESS: 336 Chestnut Street (Map 098.0 Parcel 106), North Andover, MA 01845 PETITION: 2011-007 ine worm Andover hoard of Appeals held a public hearing at the Senior Center, at 120R Main Street, North Andover, MA on Tuesday, October I lth, 2011 at 7:30 PM on the application of Joseph and Martha Caporale, 336 Chestnut Street (Map 098.0 Parcel 106), North Andover, MA 01845. Petitioner is requesting a Variance from Section 7 and Table 2 (Summary of Dimensional Requirements) of the Zoning Bylaw to construct an additional bedroom and bathroom in the R-3 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 August 30, 2011 and Sept 6, 2011. The following voting members were present: Albert P. Manzi 111, Ellen P. McIntyre, Richard J. Byers, Richard M.. Vaillancourt, and Daniel S. Braese. The following Associate members were present: Michael P. Liporto Upon a motion by Vaillancourt and 2nd by McIntyre to GRANT a Variance to allow from Sections 7 (Dimensional Variance) and Table 2 of the Zoning Bylaws for a side set back of 3.2 feet to construct as additional bedroom and bathroom in the R-3 Zoning District. The following members voted in favor to GRANT the Variance: Albert P. Manzi, Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, and Daniel S. Braese. In favor 5-0. The Board finds that that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial or otherwise, to the 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 ' The Board also finds that this use, as developed by the building and'site plans, will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles -or pedestrin,ijs since there are provisions for the required off-street parking. Adequate and appropriate facilities afe provided to the existing residential dwelling where the new addition will be constructed. The Board finds that the new .. addition wilt not be substantially detrimental to the existing single-family, dwelling and to the ATTEST: -True Copy ` Page 1 of 2 `Down Clerk neighborhood and that this use, of the new addition will be in harmony with the neighborhood and general purpose and intent of this Bylaw. Variance: 336 Chestnut Street (Map 98C, Parcel 106), North Andover, MA 01845. Section 7 and Table 2 of the Zoning Bylaw in order to build a new bedroom and bathroom in the R-3 Zoning District. Plan(s) Title: 1) "Plan of Land" Dated July 7th 2011 containing one (1) sheet. Prepared by Merrimack Engineering Services, 66 Park Street, Andover. MA, 01810 2) "First Floor Plan Existing" containing one sheet (1) 3) "First Floor Plan Proposed" containing one sheet(1) 4) "Basement Plan Existing"• containing one sheet(1) 5) "Basement Plan Proposed" containing one sheet(1) 6) "Second Floor Plan existing and proposed" containing one sheet(] ) 7) "Front Elevation Existing " containing one sheet(1) 8 j "Front Elevation Proposed " containing one sheet(1) 9) "Left Elevation Existing " containing one sheet(1) 10) "Left Elevation Proposed " containing one sheet(l ) 11) "Rear Elevation Existing " containing one sheet(] ) 12) "Rear Elevation Proposed "containing one sheet(1) Voting in favor: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, Daniel S. Braese and Richard M. Vaillancourt Voting in the Negative: N/A The Board finds that the applicant has satisfied the provisions of Section 7 and Table 2 of the Zoning Bylaw to construct a new addition at the side of the home for 336 Chestnut Street (Map 98C, Parcel 106), North Andover, MA 01845 in an R-3 Zoning District. 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(s) 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 pen -nit as required by the Inspector of Buildings. 3. If the rights authorized by the Variance are not exercised within two (2) years of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. l North Andover Zoning B and of Appe Is AlbeA P. Manzi III, Esq., hairinan Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Daniel S. Braese Michael P. Liporto. Decision 20] 1-007 Page 2 of 2 Albert I'. Manzi I11,1, sq. Chahrnwr .Ellen'. Mclntyle, Iris -Chairman Richard. Byers, Esq. Clerk- Daniel lerkDaniel S. Braese, Esq, Richard M. VaillanColLrt Associate Members Michael P. Liporto Town of North Andover ZONING BOARD Ot.PP�, i_i °:9 11-29-2011 Any appeal shall be filed within (20) Notice of Decision days after the date of filing of this Year 2011 notice in the office of the Town Clerk, 2011 OCT 25 F ." I This is to � l c , inc ti acini to certify that twenty (20) days have elapsed from date of decision, filed without filing of an app al. Date/ Joyce A. rads aw Town Clerk per Mass. (ien. L. ch. 40A, §17 Property at: 336 Chestnut Street NAME: Joseph and Martha Caporale HEARING(S): 13 Sept 2011 and 11 Oct 2011 ADDRESS:.336 Chestnut Street (Map 098.0 PETITION: 2011-007 Parcel 106), North Andover, MA 01845 A Al V 11 Vi Ll -Dualu u, ppuajs nein a pumic nearing at the Senior Center, -at 120R Main Street, North Andover, MA on Tuesday, October I lth, 2011 at 7:30 PM on the application of Joseph and Martha Caporale, 336 Chestnut Street (Map 098.0 Parcel 106), North Andover, MA 01845. Petitioner is requesting a Variance from Section 7 and Table 2 (Summary of Dimensional Requirements) of the Zoning Bylaw to construct an additional bedroom and bathroom in the R-3 Zoning District. Legal notices were sent to all the certified abutters provided by the Town of North Anidover, Assessors Office, and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on August 30, 2011 and Sept 6, 2011. The following voting members were present: Albert P. Manzi 1I1, Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, and Daniel S. Braese. The following Associate members were present: Michael P. Liporto Upon a motion by Vaillancourt and 2nd by McIntyre to GRANT a Variance to allow from Sections 7 (Dimensional Variance) and Table 2 of the Zoning Bylaws for a side set back of 3.2 feet to construct an additional bedroom and bathroom in the R-3 Zoning District. The following members voted in favor to GRANT the Variance: Albert P. Manzi, Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, and Daniel S. Braese. In favor 5-0. The Board finds that that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial or otherwise, to the 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 ' The Board also finds that this use, as developed by the building and site plans, will, not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles -or pedestrians sincethere are provisions for the required off-street parking. Adequate and appropriate facilities afe provided to the existing residential dwelling where the new addition will be constructed. The Board finds that the new addition will not be substantially detriinental to the existing single-family- swelling and to the ATMT: A �Truc Copy- Page 1 of 2 V Town Cleric 4,J 4% neighborhood and that this use, of the new addition will be in harmony with the neighborhood and general purpose and intent of this Bylaw. Variance: 336 Chestnut Street (Map 98C, Parcel 106), North Andover, MA 01845. Section 7 and Table 2 of the Zoning Bylaw in order to build a new bedroom and bathroom in the R-3 Zoning District. Plan(s) Title: 1) "Plan of Land" Dated July 7th 2011 containing one (1) sheet. Prepared by Merrimack Engineering Services, 66 Park Street, Andover. MA. 01810 2) "First Floor Plan Existing" containing one sheet (1) 3) "First Floor Plan Proposed" containing one sheet(]) 4) "Basement Plan Existing" containing one sheet(l) 5) "Basement Plan Proposed" containing one sheet(] ) 6) "Second Floor Plan existing and proposed" containing one sheet(] ) 7 ) "Front Elevation Existing " containing one sheet(l) 8 ) "Front Elevation Proposed " containing one sheet(]) 9) "Left Elevation Existing " containing one sheet(l ) 10) "Left Elevation Proposed " containing one sheet(l) 11) "Rear Elevation Existing " containing one sheet(]) 12) "Rear Elevation Proposed "containing one sheet(l ) Voting in favor: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, Daniel S. Braese and Richard M. Vaillancourt Voting in the Negative: N/A The Board finds that the applicant has satisfied the provisions of Section 7 and Table 2 of the Zoning Bylaw to construct a new addition at the side of the home for 336 Chestnut Street (Map 98C, Parcel 106), North Andover, MA 01845 in an R-3 Zoning District. 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(s) 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 two (2) years of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. North Andover Zoning B and of Appe• is AlbeA P. Manzi III, Esq., (hairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Daniel S. Braese Michael P..Liporto. . Decision 2011-007 Page 2 of 2 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq, Chahmem I'Llen P. Ilice-Chamaii pOrtTp Richard J. Byers, McIntyre.,sq. Clerk ST ° Daniel S. Braese, Esq. of Richard M. Vaillancourt 1 -4ssodate N[emhers Michael P. laporto Any appeal shall be filed within (20) Notice of Decision days after the date of filing of this Year 2011 notice in the office of the Town Clerk, i 2611 OL I, Z5 , i l ye 2 1 rjq�Yh•y�rli.7'iimetifariiQ . per Mass. Gen. L. ch. 40A, § 17 Property at: 336 Chestnut street NAME: Joseph and Martha Caporale HEARING(S): 13 Sept 2011 and 11 Oct 2011 ADDRESS: 336 Chestnut Street (Map 098.0 PETITION: 2011-007 Parcel 106), North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at the senior tenter, at rzutc 1vrain au -cm, North Andover, MA on Tuesday, October 11th, 2011 at 7:30 PM on the application of Joseph and Martha Caporale, 336 Chestnut Street (Map 098.0 Parcel 106), North Andover, MA 01845. Petitioner is requesting a Variance from Section 7 and Table 2 (Summary of Dimensional Requirements) of the Zoning Bylaw to construct an additional bedroom and bathroom in the R-3 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 August 30, 2011 and Sept 6, 2011. The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, and Daniel S. Braese. The following Associate members were present: Michael P. Liporto Upon a motion by Vaillancourt and 2nd by McIntyre to GRANT a Variance to allow from Sections 7 (Dimensional Variance) and Table 2 of the Zoning Bylaws for a side set back of 3.2 feet to construct an additional bedroom and bathroom in the R-3 Zoning District. The following members voted in favor to GRANT the Variance: Albert P. Manzi, Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, and Daniel S. Braese. In favor 5-0. The Board finds that that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial or otherwise, to the 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 The Board also finds that this use, as developed by the building and site plans, will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians since there are provisions for the required off-street parking. Adequate and appropriate facilities are provided to the existing residential dwelling where the new addition will be constructed. The Board finds that the new addition will not be substantially detrimental to the existing single-family dwelling and to the Page I of 2 neighborhood and that this use, .of the new addition will be in harmony with the neighborhood and general purpose and intent of this Bylaw. Variance: 336 Chestnut Street (Map 98C, Parcel 106), North Andover, MA .01845.- Section 1845.Section 7 and Table 2 of the Zoning Bylaw in order to build a new bedroom and bathroom in the R-3 ZoningDistrict. Plan(s) Title: 1; Plan of Land,Dated July 7th 2011 containing one (1) sheet. Prepared by Merrimack Engineering Services, 66 Park Street, Andover. MA. 01810 2) "First Floor Plan Existing" containing one sheet (1) 3) "First Floor Plan Proposed" containing one sheet(1) 4) "Basement Plan Existing" containing one sheet(1) 5) "Basement Plan Proposed" containing one sheet(1) 6) "Second Floor Plan existing and proposed" containing one sheet(1) 7) "Front Elevation Existing " containing one sheet(1) 8 } "Front Elevation Proposed " containing one sheet(1) 9) "Left Elevation Existing " containing one sheet(1) 10) "Left Elevation Proposed "containing one sheet(1) 11) "Rear Elevation Existing "containing one sheet(1) l2) "Rear Elevation Pro osed " containing one sheet(1) Voting in favor: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, Daniel S. Voting in the Negative: Braese N/A and Richard M. Vaillancourt The Board finds that the applicant has satisfied the provisions of Section 7 and Table 2 of the Zoning Bylaw to construct a new addition at the side of the home for 336 Chestnut Street (Map 98C, Parcel 106), North Andover, MA 01845 in an R-3 Zoning District. 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(s) 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 two (2) years of the date of the grant. it shall lapse, and may be re-established only after notice, and a new hearing. North/Andover Zoning 13 and of Appe Is Albe4 P. Manzi III, Esq., , lwirman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Daniel S. Braese Michael P. Liporto. Decision 2011-007 Page 2 of 2 „ORIF, Zoning Bylaw Review Form t Town Of North Andover Building Department 1600 Osgood St. Bldg 20 Suite 2-36 MASS"`" s�tty North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 336 Chestnut Street Ma /Lot: 98-C/106 Applicant: Joseph J Ca orale and Martha Ca or le Request: To construct addition Date: Aug 16,2011 Please be advised that atter review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning R-3 Remedy for the above is checked below Item # Special Permits Planning Board Item Notes X Setback Variance 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 Planned Residential Special Permit 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 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 Sign not allowed N/A 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K I Parking 1 In District review required 1 I More Parking Required 2 Not in district X -1--Parking Complies X 3 Insufficient Information 3 1 Insufficient Information 4 Pre -e isting Parkin Remedy for the above is checked below Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit X Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exce tion Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Con re ate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit I Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Lame 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 incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new permit application form and begin the permitting process. Building Department Official Signature ApplicbtioK Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: Item Reasons for Reference Section 7 Dimensional Requirements Table 2: Summary of Dimensional Requirements. Side setbacks R-3 Zoning District 20' required Proposed 16.84 ft. Variance required Referred To: Fire Health Police X Zoning Board X Conservation Department of Public Works Planning Historical Commission Other Building Department Town of North Andover ZONING BOARD OF APPEALS NORTH Albert P. Manzi 1II, Esq. Chairman Ellen P. McIntyre, Vice -Chairman c�°' Associate Members Richard J. Byers, Esq. Clerk + y ~ p Michael P. Liporto Daniel S. Braese, Esq. 16chard M. vaillaneourt '� °+, <•<-��--- "'�41Zoning Ei:forcement Officer ..YSHCHUSEt Gerald A. Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, September 13, 2011, at 7:30PM to all parties interested in the petition of Joseph and Martha Caporale, for property located at 336 Chestnut Street (Map 098C, Parcel 106), North Andover, MA 01845. Petitioner is requesting a Variance from Section 7 (Dimensional Requirements) and Table 2 of the Zoning Bylaws. The proposed is to construct a new addition, that includes a master bedroom with a full bathroom (required is 20 feet and the proposed is 16.84 feet) in the R-3 Zoning District. Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Friday from the hours of 8:30 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: August 30, 2011 Sept 6, 2011 p°HiF, °p "`°'`•'"Zoning Bylaw Review Form 0 °t Town Of North Andover Building Department 1600 Osgood St. Bldg 20 Suite 2-36 9SsCHUSE� North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 336 Chestnut Street Ma /Lot: 98.C/106 Applicant: Joseph J Ca orale and Martha Ca orole Request: To construct addition Date: Aug 16,2011 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning R-3 Remedy for the above is checked below. Item # Special Permits Planning Board Item Notes X Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage I Variance for Sign 1 Lot area Insufficient Independent Elderly Housing Special Permit 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting Planned Residential Special Permit 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 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 Sign not allowed NIA 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information 3 Insufficient Information iij 4 Pre-existing Parking Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit X Setback Variance 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 I Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Lame 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 incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new permit application form and begin the permitting process. Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: Item Reasons for Reference Section 7 Dimensional Requirements Table 2: Summary of Dimensional Requirements. Side setbacks R-3 Zoning District 20' required Proposed 16.84 ft. Variance required Referred To: Fire Health Police X Zoning Board X Conservation Department of Public Works Planning Historical Commission Other Building Department E cti,� • [ O.r N C c0 3 g 0 U N C C (II (B >, 2 V.: Su E .-zO � U c � O a L '� O > N > 0-0 (6 -0 C >, V�(lSl f0 J N O j, CL Q co U f0 C EN U. a) L c in ��fl G (0 U O L0�Q- C c N •-� c6 E m 0 0 U -0 E �Dai0 U o,°�Uacn Qc 0 U) >; Y C O a3 Rj •- > O�--EW L O O Q I_ a) 6 2 :S -w p 2 .-a v O = d 'r �O +% O O CL £ .-a Town of North Andover ZONING BOARD OF APPEALS affe& t Y. Alan zi ,% `,J,`%, &q. 6faii= ecce c ✓ • ✓{its✓%GU�ile, /J�///uLQ/�%%% %Z 0t�Si E '6' - ✓I� iD i.(W 0 O. Daniet S. 93wzm, &q. * ,� ✓ dtwd At. Vaitkf7.Cl![Uli 4 �� a. �Ja ATEo spa .45 ffiaaciate .Membcm .M dlaet J..Cip0do Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Town Clerk Time Stamp �I t SEE? L AIN 10- G Date 1,3 se, 0 yy 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 Permit Comprehensive Permit (40B) Finding For property located at: STREET:�'�%%GG / MAP: a a � PARCEL: TOWN: North Andover, MA 01845 TO MEETING DATE(S): ,/ &IC /I // NAME OF PE SIGNED: TITIONER: P . 'tione r oner's representative) 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 ' Web - www.townofnorthandover.com Abutter to Abutter( ) Building Dept ( ) Conser.'ation ( X ) Zoning ( This certifies that the names appearing On the records of the �9SVs9n6bffice as Of Certified Town of North Andover Abp nq REt24i1REMENI� MGL 4W Sed- I I St M m par pWUes en in IMmeSt as used in No chapter 013 mean � PeUdWW* a"y p". _V m-4, ard 10 OWOM Offlors aWO d.d7 the -fey on, most recent eppiic" me ftW&W an reef dr ft Wo "ire "the urd at wV of oto Such arro.6s roeeted in WW'hW dy a mora ft PhWft teat rA nes w board Of ole M Of mrm. Wd" pis bWd of e Y Otor* Sty a WWI* Sub/e'ct Proaerti►: , ARM Names Chag Orut Siree4 North Andover, NA 01 "5 MAP COW* 336 98.0 Proaertt� 108 Joseph Abu tern PiiIIIII Name AddrAn 1North Andover, MA 01845 No 98.A 66 Thomas Brennan 176 Kara Drive, North Andover. MA 01846 98A 75 John Hashem, Jr. 300 Chestnut Strew North Andover. MA 01845 98.0 1 &69 John Carter 3p3 Chestnut Street, North Andover, MA 01845 98.0 0&10 Philip BusbY 1 Westwood Cird® North Reading, MA 01864 98.0 11 General Store Trust 364 Chesw Street, North Andover. MA 01845 98.0 38 David Breen 311 Chestnut Street, North Andover, MA 01845 98.0 49 Paul Devin 323 Chestnut S"K North Andover, MA 01845 98.0 51 Shaun Calte9y 335 Chestnut Street NSM Andover, MA 01845 98.0 62 John Tobin 345 Chestnut Street. North Andover, MA 01845 98.0 t>3 John Libront JohnWilliU P.O.Box 235. North Andover. MA 01845 98.0 64 Wise 365 Chestnut Street. North Andover, MA 01845 98.0 65 Janson d Jans Rickard Jars 326 Chestnut street. North Andover, MA 0.1 845 98.0 98.0 70 71 Kevin Mary Burke 40 Pine Ridge Road, West Medford, MA 02155 10 Greenwood East Lane, North Andover, MA 01845 98.0 73 James HdknNeB 15 Greenwood East Lane, North Andover, MA 01845 98.0 76 Mliern Diadem 5 Greenwood Fast Lame, North Andover, MA 01845 98.0 76 Robert Peterson 352 Chestnut street, North Andover, MA 01845 98.0 108 Steven Sigel This certifies that the names appearing On the records of the �9SVs9n6bffice as Of Certified Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Richard M Paillancourt Daniel S. Braese, Esq. Town of North Andover ZONING BOARD OFAPPEALS Associate Members Michael P. Liporto TOWN OF NORTH ANDOVER — ZONING BOARD OF APPEALS CERTIFICATION PURSUANT TO G.L. c. 39, SECTION 23D OF PARTICIPATION IN A SESSION OF AN ADJUDICATORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A SINGLE HEARING SESSION [Note: Can only be used for missing one single hearing session; cannot be used for missing more than one hearing session.] . 1, PA N t bl`aeseoame), hereby certify as follows: 1. I am a member of said board. 2. I missed a hearing session . on the matter of �es%%ref 01j4p q gC la n,0 Pnn,e /b E hPrJ7�c7rd which was held on 13 fep 3. I reviewed all the evidence introduced at the hearing session I missed, which included a review of (initial which one(s) are applicable): c p a• `W 17 audio recording of the missed hearing session; b. eei video recording of the missed hearing session; C. a transcript of the missed hearing session. This certification shall becomt apart of the record of the proceedings in the above matter. Signed this day of C -'20// Received as part of the record of the above matter: Date: / (, OL cJ /a By: Position: C A 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.towmofnorthandover.com Attn: Town of North Andover Zoning Board of Appeals RE: Petition of Joseph and Martha Caporale, 336 Chestnut Street, North Andover, MA. 01845 (Map 098C, Parcel 106) Date: September 13, 2011 As homeowners of the adjoining property located at 326 Chestnut Street, North Andover, MA 01845, we are in direct opposition of the petitioners request for Variance from Section 7 (Dimensional Requirements) of Table 2 of the town Zoning Bylaws. We ask that Joseph and Martha Caporale adhere to the required 20 feet Zoning Law Variance stipulated in the R-3 Zoning District Bylaws. )C' Kevin Ga L Jayne Galizio September 11, 2011 Albert P. Manzi III, Esq., Chair Zoning Board of Appeals Town of North Andover 1600 Osgood Street Building 20 Suite 2-36 North Andover, MA 01845 RE: Martha and Joseph Caporale Dear Mr. Manzi and the Zoning Board of Appeals, I am writing in support of my neighbors, Martha and Joseph Caporale of 336 Chestnut Street, request for a variance to build a master bedroom. As a direct abutter, I feel the proposed addition as designed will enhance the curb appeal and increase the property value of our stretch of Chestnut Street. The request for a variance has my full support. Thank you. Sincerel , Steven Sigel 352 Chestnut Street North Andover, MA 01845 September 11, 2011 Albert P. Manzi 111, Esq., Chair Zoning Board of Appeals Town of North Andover 1600 Osgood Street Building 20 Suite 2-36 North Andover, MA 01845 RE: Martha and Joseph Caporale Dear Mr. Manzi and the Zoning Board of Appeals, I am writing in support of my neighbors, Martha and Joseph Caporale of 336 Chestnut Street, request for a variance to build a master bedroom. As a direct abutter, I feel the proposed addition as designed will enhance the curb appeal and increase the property value of our stretch of Chestnut Street. The request for a variance has my full support. Thank you. Sincerel , T Steven Sigel 352 Chestnut Street North Andover, MA 01845 M i au w • n_ m �.' °o W m_ -02'o +m m Dm v -.N,° OM 3 U. m SW fu Z -mm Town of North Andover ZONING BOARD OF APPEALS NORTH Albert P. Manzi III, Esq. Cbairman 01* , 6 qti 0 Ellen P. McIntyre, Vice -Chairman ur'�'°m Associate Members Richard J. Byers, Esq. Clerk r- r ~ p Michael P. Uporto Daniel S. Braese, Esq. *� ; Richard M. Vaillaneourt } 4,0«. Zoning EtrformweutOffirer �9SSACHUS et Gerald A. Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, September 13, 2011, at 7:30PM to all parties interested in the petition of Joseph and Martha Caporale, for property located at 336 Chestnut Street (Map 098C, Parcel 106), North Andover, MA 01845. Petitioner is requesting a Variance from Section 7 (Dimensional Requirements) and Table 2 of the Zoning Bylaws. The proposed is to construct a new addition, that includes a master bedroom with a full bathroom (required is 20 feet and the proposed is 16.84 feet) in the R-3 Zoning District. Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Friday from the hours of 8:30 AM to 4:00 PM. Published in the Eagle Tribune on August 30, 2011 Sept 6, 2011 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman VJQ =yac 'acitmoNTm� �N«C�REfo vmE° W-¢M�Q'°o o�0�mdRiamo o:rc?on.�a�yEc°'i'nNocTo"c Z=�mtr moc>om�$cr°a�aZr o c'jc06 o N >CT°1Ia°c mE,«v��.-2c amoLZ�mt vcRZ4) :`< ocEcZZ°�o°Er OcL°-.ooc° mm1Qd";=moQ>o O L 05 1 Pamy- aLa oz r�mrnzQaam"cu23W OZ�mna�°aL<-U o cav�iia�m c» Ew L azO¢�Jm $ o a 3coa�DfDv°in>=o °�1am`°m9omey°oni wmov°oma m r. . N(�<p DON7�xaoy���mf WCOm,�-�0t.Am 06 7�=.y''O a0 o,�co ao Agro .w 2 y w mT ° (D @ N� m ac -off iv , o'3.�W °•m o m 33 � ZCQ g.m m 0� ib-•O� goo 0 om,::° - = a oa ooyo .�o a.00 a^= o �o m0K:;.y0 1" D� �m °coo a 0=1 v° �A 2) 3wo,=5 PM F oWmTn Z 3� u�000 ^3n70 m -3 C" -Zorn am°W Z°?O amnv popM< -5 ai° N �om9'-vcc o-ro�oxmo QUO .0 ° ° o ^ v o�mao° mc�"a�svni » >om Dmom�= nD c <�� omc°•o?aim-9��4ao0) (oa�3� ?n��n0i�um�'�?0-1NY3y Rnl j Town of North Andover ZONING BOARD OF APPEALS ,kORTy Albert P. Manzi III, Esq. C{airmaf Ellen P. McIntyre, Dice -Chairman 3? '`'" ° ° °e Associate Melwbers Richard J. Byers, Esq. Clerk F- — p Michael P. Liporto Daniel S. Braesc, Esq. Richard M.vaillaneourt�9yoq,T,o' 1'j ZoniregEnforeemeld01trer 9SSACHUSE� Gerald A. Brown Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, September 13, 2011, at 7:30PM to all parties interested in the petition of Joseph and Martha Caporale, for property located at 336 Chestnut Street (leap 0980, Parcel 106), North Andover, MA 01845. Petitioner is requesting a Variance from Section 7 (Dimensional Requirements) and Table 2 of the Zoning Bylaws. The proposed is to construct a new addition, that includes a master bedroom with a full bathroom (required is 20 feet and the proposed is 16.84 feet) in the R-3 Zoning District. Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Friday from the hours of 8:30 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: August 30, 2011 Sept 6, 2011 �coa�o�ow.DfDNr.�c°'a�-iWQmmm�om��n�i�o��,''c�ooy��m� W r �op0om 3 C' g.N.�. =Ow'aomtnnioom�m�p7pwN °DO w• Dao o�O@w 1D aa `"�vmo og-4adA^v3ltnm���n"'.p �mQO mT� 'COM m »o N m Qs .0 3 ..m y o 3Q�� _0 co D. cos a< ooKS90.0 yo2Q,w°oo.�v °=^y�^pO:»v��ao�DM-01 ,WmO r ! m- .OMo wD@3 » X30 o NOd wad —o- oo.'nD >'01 "D=3!R.,a- �3c�i0m 3_NAZ6�IW�O.md� zo�o.Q�Dp i �vD off' m<_.—o �m cCDo• m��cnov o N,o2my 0��n00 .G 3Nm� a3oojNFNN��o�f.��N o^� 'DSo°m^yoy�wzoa..pm ! _ _=' 0 i m=w. o�w�oo urco"°m�rn° jjOON >We ;LwR='aD._ 5g>gg;m � o—mm a 0??:m�'n9odw4o rca�3 ?n.3IVZr a45, o�n�NN M j Town of North Andover ZONING BOARD OF APPEALS OOR7h Albert P. Manzi III, Esq. Ckaimran Ellen P. McIntyre, Vice-Ckairman Richard J. Byers, Esq. Clerk p Daniel S. Bracse, Esq. ; {* Richard M. Vaillancourt '� °9_ •�-.. - # Legal Notice North Andover Board of Appeals Associate Members Michael P. Liporto Zoning Enforcement Officer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at the North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, September 13, 2011, at 7:30PM to all parties interested in the petition of Joseph and Martha Caporale, for property located at 336 Chestnut Street (Map 098C, Parcel 106), North Andover, MA 01845. Petitioner is requesting a Variance from Section 7 (Dimensional Requirements) and Table 2 of the Zoning Bylaws. The proposed is to construct a new addition, that includes a master bedroom with a full bathroom (required is 20 feet and the proposed is 16.84 feet) in the R-3 Zoning District. Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Friday from the hours of 8:30 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: August 30, 2011 Sept 6, 2011 ,iOPT, Zoning Bylaw Review Form o: p Town Of North Andover Building Department '�;�• 1600 Osgood St. Bldg 20 Suite 2-36 "SS"CHUSE` North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 336 Chestnut Street Ma /Lot: 98.C/106 Applicant: Joseph J Ca orale and Martha Ca orole Request: To construct addition Date: Aug 16,2011 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning R-3 Remedy for the above is checked below. Item # Special Permits Planning Board Item Notes X Setback Variance 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 Planned Residential Special Permit 2 Frontage Complies X 3 Lot Area Complies X 3 1 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 1 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 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 Sign not allowed N/A 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parkin Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit X Setback Variance 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 I 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 incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new permit application form and begin the permitting process. Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: Item Reasons for Reference Section 7 Dimensional Requirements Table 2: Summary of Dimensional Requirements. Side setbacks R-3 Zoning District 20' required Proposed 16.84 ft. Variance required Referred To: Fire Health Police X Zoning Board X Conservation Department of Public Works Planning Historical Commission Other Building Department Of NORTH qy Zoning Bylaw Denial ~ p Town Of North Andover Building Department 400 Osgood St. North Andover, MA. 01845 9SSACHUSEt Phone 978-688-9545 Fax 978-688-9542 Street: Applicant: 0,-0 C o �( Request: �d , Date: Please be advise h after review of vour ADDlication and Plans that vour ADDlication is DENIED for the following Zoning Bylaw reasons: Zoning A—_3 Remedy for the above is checked below. Item # I Special Permits Planning Board Item Notes Site Plan Review Special Permit Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 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 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Covera a Complies 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 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parkin Remedy for the above is checked below. Item # I Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Fronta a Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Con re ate 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 Lar a 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 I Special Permit 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 DENIAL. 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 incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new building permit application form and begin the permitting process. Building Department`Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: Item Reference Reasons for Denial Police Zoning Board Conservation Department of Public Works Planning Historical Commission Other Q 6 f c� Referred To: Fire Health Police Zoning Board Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT µOFTM 04 STEP 10: RECORDING THE DECISION AND PLANS. .co ,'T1• The petitioner is responsible for recording certification of K the decision, the Mylar, and any accompanying plans at F K the Essex County, North Registry of Deeds, 384 Office to be certified by the Town Clerk with the time and Merrimack St. Suite #304, Lawrence MA, 01843 and date of filing. The original will be left at the Town Clerk's TOWN OF NORTH ANDOVER Office, and the 10 Xerox copies will be left with the ZONING BOARD OF APPEALS dAME: �05Psh A rtivnM Mn�rly, M Procedure &Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the an application as The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in page 4, section 10 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). VARIANCE Town Cleric Time Stamp STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER 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 or attorney. In the absence of any appearance without due cause ran 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 copy of the Board's decision will be sent to all Parties in Interest. 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. 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, 384 Office to be certified by the Town Clerk with the time and Merrimack St. Suite #304, Lawrence MA, 01843 and date of filing. The original will be left at the Town Clerk's shall complete the Certification of Recording form and Office, and the 10 Xerox copies will be left with the forward it to the Zoning Board of Appeals and to the Zoning Board of Appeals secretary. Building Department. IMPORTANT PHONE NUMBERS: North Andover Town Hall 978-668-9533 Office of Community Dev. 8 Services 120 Main Street 1600 Osgood St., Bldg. 20, Suite 2-36 978-688-9501 Town Clerk's Office North Andover, MA 01845 978-688-9566 Assessor's Office 97888-9542 fax for Community Development offices 978-688-9545 Building Department PAGE 1 of 4 976688-9541 Zoning Board of Appeals office PAGE 4 OF 4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written 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 sought 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 results from 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 Clerk's 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 existing or proposed: 1) five (5) or more parking spaces, II) three (3) or more dwelling units, 111)2,000 square feet of building area. Major Projects shall require, that in addition to the 10B & 10C features, that the plans show detailed utilities, soils, and topographic information. *10. B. *Plan Specifications: VARIANCE 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x17", preferred scale of 1"=40' 11) One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures & date. IIn Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by. a Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. *10 C. *Required Features On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (If applicable) 5. abutters of property, within 300' radius 6, locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. m Legend & Graphic Aids shall Include: 1. Proposed features in solid lines & outlined in red 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 the applicant, owner or record, and land surveyor. 7. Locus 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisk (*). in some cases further information may be required. 11. APPLICATION FILING FEES 11. A Notification fees: Applicant shall provide a check or money order to: 'Town of North Andover" for the cost of first Gass, 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 x the # of parties of interest on the abutter's list for the decision mailing. 11. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8" (3 copies for the_ Legal, and one copy for the Decision mailing). 11.C. Applicant shall provide a check or money order to: 'Town of North Andover" per 2005 Revised Fee Schedule. ► A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted. PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E Please complete all. items 1 =10 Below: 1. Petitioner: *Name, *Address and telephone number: 576—(0$;9-�k5,L *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: 0�74sOl—���1 Years Owned Land: 1-7 s I -eac5 3. Location of Property: a. Street: 3316 QA)fcAt V }" Zoning District: —3 b. Assessors: Map number: Lot Number: c. Registry of Deeds: Book Number: Page Number: 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 6. Describe the Variance request: 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 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 W the request by the applicant and will not Involve additional Items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that wiii not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % B. % NORTH ANDOVER ZONING BOARD OF APPEALS application for a VAKIANU t 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 6 C. Proposed Logs): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 6 D. Required Lot: (As required by Zoning Bylaw b Table 2) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces 7A. Existing Building(s): Ground Floor Number of Height Total Square feet Floors Sq. feet Minimum Lot Setback Front Side A Side B Rear Use of Building` `Reference Uses from the Zoning Bylaw & Table 1. "State number of units in building(s). Number of Units" 7B. Proposed 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). 8. 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 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 dismissal W jhg Zoning Board of this application as incomplete. Tyre above name(s) here: - Cd Ul O c81W 8 P. 01 o n ~ O 00 U z 0 ~ U N v cq >a �n Ncq 'v A N 'o 3 O O~O cd o U �Z� f�,AE�ri ti 0 rn 00 r a rn a T T N N � T QI ~, W W Z g a C-. o° J L _ � W� b 0O OO UQ oT O O N O N S" - N yWT !9- W C - CL— W TW N Z �Q N T J � Q�d w ~ Z Q � W N LO N > O] O T Z Q Cd UO Om O U N F- LU J @o ,'T � V w 12f CD Co wa �> D_ -1 o w O�JIE NZ �p CU r— J N N Q W Q O Q N (U O O�'oO o�a� LLUQ Cd d . a � c .3 o CD ~ ~ cd 0 Q .c N V i v) - w ¢ LL 00 1 T Cd Ul O c81W 8 P. 01 o n ~ O 00 U z 0 ~ U N v cq >a �n Ncq 'v A N 'o 3 O O~O cd o U �Z� f�,AE�ri ti a 0 0 a� N l� O N � IVIcn Vl r-1 W U Z LU CO) d a 0 +$ o i %jz I X I m I U I I � = I +F I X I b I Z a Z 8 & Lu m � Q m i I I I I I I w I I I I I I Q I I I I a 4 I I I I m I I I I I I I I I I I I I I I I I I I I I I I I L ---------------------I I I I ----------------------- Albert P. Manzi III, Esq. Chaim& Ellen P. McIntyre, Vice -Chairman Richard J. Byets, Esq. Clerk Daniel S. Braese, Esq. Richard M. Vaillancourt .Assnaate Members Michael P. Liporto Town of North Andover ZONING BOARD OF APPEALS Any appeal shall be filed within (20) Notice of Decision days after the date of filing of this Year 2011 notice in the office of the Town Clerk, 2G 11 OCT 2� ii q�F4 I.rl; Time Stu 'a' per Mass. Gen. L. ch. 40A, § 17 Property at: 336 Chestnut Street NAME: Joseph and Martha Caporale HEARING(S): 13 Sept 2011 and 11 Oct 2011 ADDRESS: 336 Chestnut Street (Map 098.0 PETITION: 2011-007 Parcel 106), North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at the Senior Center, at tem Mani Street, North Andover, MA on Tuesday, October 11th, 2011 at 7:30 PM on the application of Joseph and Martha Caporale, 336 Chestnut Street (Map 098.0 Parcel 106), North Andover, MA 01845. Petitioner is requesting a Variance from Section 7 and Table 2 (Summary of Dimensional Requirements) of the Zoning Bylaw to construct an additional bedroom and bathroom in the R-3 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 August 30, 2011 and Sept 6, 201 I. The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillaneourt, and Daniel S. Braese. The following Associate members were present: Michael P. Liporto Upon a motion by Vaillaneourt and 2nd by McIntyre to GRANT a Variance to allow from Sections 7 (Dimensional Variance) and Table 2 of the Zoning Bylaws for a side set back of 3.2 feet to construct an additional bedroom and bathroom in the R-3 Zoning District. The following members voted in favor to GRANT the Variance: Albert P. Manzi, Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillaneourt, and Daniel S. Braese. In favor 5-0. The Board finds that that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial or otherwise, to the 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 The Board also finds that this use, as developed by the building and site plans, will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians since there are provisions for the required off-street parking. Adequate and appropriate facilities are provided to the existing residential dwelling where the new addition will be constructed. The Board finds that the new addition will not be substantially detrimental to the existing single-family dwelling and to the f� � Page 1 of 2 V; .! neighborhood and that this use, of the new addition will be in harmony with the neighborhood and general purpose and intent of this Bylaw. Variance: 336 Chestnut Street (Map 98C, Parcel 106), North Andover, MA .01845.- --section 01845. --Section 7 and Table 2 of the Zoning Bylaw in order to build a new bedroom and bathroom in the R-3 ZoningDistrict. Plan(s) Title, 1) "Plan of Land" Dated July 7th 2011 containing one (I) sheet. Prepared by Merrimack Engineering Services, 66 Park Street, Andover. MA. 01810 2) "First Floor Plan Existing" containing one sheet (1) 3) "First Floor Plan Proposed" containing one sheet(]) 4) `Basement Plan Existing" containing one sheet(]) 5) "Basement Plan Proposed" containing one sheet(]) 6) "Second Floor Plan existing and proposed" containing one sheet(]) 7) "Front Elevation Existing " containing one sheet(]) 8 } "Front Elevation Proposed "containing one sheet(]) 9) "Left Elevation Existing "containing one sheet(]) 10) "Left Elevation Proposed "containing one sheet(]) 11) "Rear Elevation Existing " containing one sheet(I) 12) "Rear Elevation Proposed " containing one sheet(]) Voting in favor: Albert P. Manzi 1I1, Ellen P. McIntyre, Richard J. Byers, Daniel S. Braese and Richard M. Vaillancourt Voting in the Negative: N/A The Board finds that the applicant has satisfied the provisions of Section 7 and Table 2 of the Zoning Bylaw to construct a new addition at the side of the home for 336 Chestnut Street (Map 98C, Parcel 106), North Andover, MA 01845 in an R-3 Zoning District. Notes; 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of needs, Northern District at the applicant's expense. 2. The granting of the Variance(s) as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant trust 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 two (2) years of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. North/Andover Zoning B and of Appe is Albeit P. Manzi III, Esq., hairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Daniel S. Braese Michael P. Liporto. Decision 2011-007 Page 2 of 2 Albert P. Manzi I1I, Esq. Cbain011 Ellen P. McIntyre, Vice -Chairman Richard J. Byets, Esq. Clerk Daniel S. Braese, Esq. Richard M. Vaillancourt !IssociateMemLers: , Michael P. Liporto Town of North Andover ZONING BOARD OF APPEALS Any appeal shall be filed within (20) Notice of Decision days after the date of filing of this Year 2011 notice in the office of the Town Clerk, 2611 OCT 2 i`�t,}f�tli 4'4�Ft? iS4� Tirm lfcrq )er Mass. Gen. L. ch. 40A, §17 Property at: 33b unestnut street NAME: Joseph and Martha Caporale HEARING(S): 13 Sept 2011 and 11 Oct 2011 ADDRESS: 336 Chestnut Street (Map 098.0 PETITION: 2011-007 Parcel 106), North Andover, MA 01,845 �- I n nn W a ;., Q+ of The North Andover Board of Appeals new a punttc nearing at uic OVIRVI %_-,11 GI, a — North Andover, MA on Tuesday, October 11th, 2011 at 7:30 PM on the application of Joseph and Martha Caporale, 336 Chestnut Street (Map 098.0 Parcel 106), North Andover, MA 01845. Petitioner is requesting a Variance from Section 7 and Table 2 (Summary of Dimensional Requirements) of the Zoning Bylaw to construct an additional bedroom and bathroom in the R-3 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 August 30, 2011 and Sept 6, 2011. The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, and Daniel S. Braese. The following Associate members were present: Michael P. Liporto , Upon a motion by Vaillancourt and 2nd by McIntyre to GRANT a Variance to allow from Sections 7 (Dimensional Variance) and Table 2 of the Zoning Bylaws for a side set back of 3.2 feet to construct an additional bedroom and bathroom in the R-3 Zoning District. The following members voted in favor to GRANT the Variance: Albert P. Manzi, Ellen P. McIntyre, Richard J. Byers, Richard M. Vaillancourt, and Daniel S. Braese. In favor 5-0. The Board finds that that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial or otherwise, to the 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 The Board also finds that this use, as developed by the building and site plans, will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians since there are provisions for the required off-street parking. Adequate and appropriate facilities are provided to the existing residential dwelling where the new addition will be constructed. The Board finds that the new addition will not be substantially detrimental to the existing single-family dwelling and to the Pagel of 2 V; neighborhood and that this use, of the new addition will be in harmony with the neighborhood and general purpose and intent of this Bylaw. Variance: 336 Chestnut Street (Map 98C, Parcel 106), North Andover, MA 0.1845. "Section 7 and Table 2 of the Zoning Bylaw in order to build a new bedroom and bathroom in the R-3 Zoning District. Plan(s) Title 1) "Plan of Land" Dated July 7th 2011 containing one (1) sheet. Prepared by Merrimack Engineering Services, 66 Park Street, Andover. MA. 01810 2) "First Floor PIan Existing" containing one sheet (1) 3) "First Floor Plan Proposed" containing one sbeet(1) 4) "Basement Plan Existing" containing one sheet(]) 5) "Basement Plan Proposed" containing one sheet(]) 6) "Second Floor Plan existing and proposed" containing one sheet(]) 7) "Front Elevation Existing " containing one sheet(]) 8) "Front Elevation Proposed "containing one sheet(]) 9) "Left Elevation Existing " containing one sheet(]) 10) "Left Elevation Proposed "containing one sheet(]) 1 l) "Rear Elevation Existing " containing one sheet(] ) 12) "Rear Elevation Proposed " contain ing one sheet(]) Voting in favor: Albert P. Manzi II), Ellen P. McIntyre, Richard J. Byers, Daniel S. Braese and Richard M. Vaillancourt Votin in the Ne ative: N1A The Board finds that the applicant has satisfied the provisions of Section 7 and Table 2 of the Zoning Bylaw to construct a new addition at the side of the home for 336 Chestnut Street (Map 98C, Parcel 106), North Andover, MA 01845 in an R-3 Zoning District. Notes: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of needs, Northern District at the applicant's expense. 2. The granting of the Variance(s) 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 two (2) years of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. North,JAndover Zoning B and of Appe Is Albeit P. Manzi 1I1, Esq., , hairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Daniel S. Braese Michael P. Liporto. Decision 2011-007 Page 2 of 2 u So m 3 m -o m r m z -o oi- v 11-n r' IZ i� 0 X �� r D O z 1' Town of North Andover ZONING BOARD OF APPEALS ,AORT/1 Albert P. Manzi III, Esq. Chairman o�tt�ee ,egti Ellen P. McIntyre, Vice-Chairzuan Associate Members Richard J. Byers, Esq. Clerk z Michael P. Liporto Daniel S. Braese, Esq. Richard M. Vaillancourt °9,0 rM• ,�" Zoning Enforcement Officer CHut9 Gerald A. Brown � sacHs s Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the North Andover Town Hall, 120 Main Street, North Andover, MA on Tuesday, September 13, 2011, at 7:30PM to all parties interested in the petition of Joseph and Martha Caporale, for property located at 336 Chestnut Street (Map 098C, Parcel 106), North Andover, MA 01845. Petitioner is requesting a Variance from Section 7 (Dimensional Requirements) and Table 2 of the Zoning Bylaws. The proposed is to construct a new addition, that includes a master bedroom with a full bathroom (required is 20 feet and the proposed is 16.84 feet) in the R-3 Zoning District. Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Friday from the hours of 8:30 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: August 30, 2011 Sept 6, 2011 OT OT C ..0 Z So m 3 rn I�i PrA m x m z -o u ■■■■■■ ■■■■■■ • u I■■■■■■ • on X 0 z r 0 z r m 0 Of yORTry N _•" "° Zoning Bylaw Denial f Town Of North Andover Building Department `y'•o;,„;;. ty” 400 Osgood St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: v. Ma /Lot: A licant:rcanorm Date: Q/ Please be advised'ffiaff after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning A :3 Remedy for the above is checked below Item # Special Permits Planning Board Item Notes Site Plan Review Special Permit Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Fronts a Insufficient 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 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 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks 1 Cove -rage exceeds maximum 7 Insufficient Information 2 Covera a Complies 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 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parkin Remedy for the above is checked below Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exce tion Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Con re ate 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 Permit Use not Listed but Similar Planned Residential Special Permit -Special Special Permit for Sign R-6 Density Special Permit Special Permit preexisting nonconformin 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 DENIAL. 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 incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new building permit application form and begin the permitting process. Building Department`Official Signature Application Received Application Denied Denial Sent : If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: Item Reasons for Denial Reference Ila /' c 441/2/ e�e Referred To: Fire Health Police Zoning Board Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT