HomeMy WebLinkAboutMiscellaneous - 338 BERRY STREET 4/30/2018 (3)_N
m
.Zm]
p A
p ti
O ,il
� m
O y
O
l�
5-r-
�.ov3� ol°�
00
MliMe�!
Town of North Andover
®ffice'of the Zoning Board of Appeals
Community Development and Services Division {
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta Telephone (978) 688-9541
Building Commissioner Fax (978) 688-9542
Any appeal shall be filed
within (20) days after the
date of filing of this notice
in the office of the Town Clerk.
NAME: Sonja & Gerard Murphy
ADDRESS: 338 Berry Street
North Andover, MA 01845
Notice of Decision
Year 2003
at: 338 Berry Street
HEARING(S): June 10, 2003
PETITION: 2003-019
TYPING DATE: 6-19-03
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, June 10,
2003, at 7:30 PM upon the application of Sonja & Gerard Murphy, 338 Berry Street, North Andover,
requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for the front setback of a pre-
existing dwelling; and a Special Permit from Section 9, Paragraph 9.2 in order to construct a proposed
addition on a pre-existing non -conforming dwelling on a pre-existing, non -conforming lot. The said
premise affected is property with frontage on the Southside of Berry Street within the R-2 zoning district.
The following members were present: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, George M.
Earley, and Joseph D. LaGrasse.
Upon a motion by George M. Earley and 2°d by Joseph D. LaGrasse, the Board voted to GRANT a
dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of 28.5'from the front setback of a pre-
existing dwelling in order to construct a proposed addition according to Plan of Land in North Andover,
MA, to accompany Special Permit & Variance application of Sonja & Gerard Murphy, 338 Bevy Street,
North Andover, MA, prepared by John M. Abagis, P.L.S. #35773, John M. Abagis & Associates,
Professional Land Surveyors, 131 Park Street, North Reading, MA. And Expansion for Sonja & Gerard
Murphy, 338 Berry Street, North Andover, Massachusetts by Jane E. Griswold, Registered Architect
#5431, B3-10 Colonial Drive, Andover, Mass. 01810 Sheets 1-6, dated May 2003. Voting in favor:
William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse.
The Board Finds that the applicant does not need a Special Permit from Section 9, Paragraph 9.2 and that
the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the
granting of this Variance will not adversely affect the neighborhood or derogate from the intent and
purpose of the Zoning Bylaw.
Pagel of 2
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Clzh
OAsL
7::,
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, June 10,
2003, at 7:30 PM upon the application of Sonja & Gerard Murphy, 338 Berry Street, North Andover,
requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for the front setback of a pre-
existing dwelling; and a Special Permit from Section 9, Paragraph 9.2 in order to construct a proposed
addition on a pre-existing non -conforming dwelling on a pre-existing, non -conforming lot. The said
premise affected is property with frontage on the Southside of Berry Street within the R-2 zoning district.
The following members were present: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, George M.
Earley, and Joseph D. LaGrasse.
Upon a motion by George M. Earley and 2°d by Joseph D. LaGrasse, the Board voted to GRANT a
dimensional Variance from Section 7, Paragraph 7.3 and Table 2 of 28.5'from the front setback of a pre-
existing dwelling in order to construct a proposed addition according to Plan of Land in North Andover,
MA, to accompany Special Permit & Variance application of Sonja & Gerard Murphy, 338 Bevy Street,
North Andover, MA, prepared by John M. Abagis, P.L.S. #35773, John M. Abagis & Associates,
Professional Land Surveyors, 131 Park Street, North Reading, MA. And Expansion for Sonja & Gerard
Murphy, 338 Berry Street, North Andover, Massachusetts by Jane E. Griswold, Registered Architect
#5431, B3-10 Colonial Drive, Andover, Mass. 01810 Sheets 1-6, dated May 2003. Voting in favor:
William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse.
The Board Finds that the applicant does not need a Special Permit from Section 9, Paragraph 9.2 and that
the applicant has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the
granting of this Variance will not adversely affect the neighborhood or derogate from the intent and
purpose of the Zoning Bylaw.
Pagel of 2
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Town of North Andover 00117rM
Cf4t�tu •1�C
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street`
North Andover, Massachusetts 01845 'Ss,.,.,,,,SE%
D. Robert Nicetta
Building Commissioner
Telephone (978) 688-9541
Fax (978) 688-9542
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.
Decision 2003-019.
Page 2 of 2
Town of North Andover
Board of Appeals,
wjL a""L
William J. Sulli an, Chairman
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-68
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Legal Notice
North Andover, Board of Appeals
Telephone (978) 688-9541
Fax (978) 688-9542
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R
Main Street, North Andover, MA on Tuesday the I Oh of June 2003 at 7:30 PM to all parties interested in
the appeal of Sonja & Gerard Murphy, 338 Berry Street, North Andover, requesting a dimensional
Variance from Section 7, Paragraph 7.3 and Table 2 for the front setback of a pre-existing dwelling; and a
Special Permit from Section 9, Paragraph 9.2 in order to construct a proposed addition on a pre-existing
non -conforming dwelling on a pre-existing, non -conforming lot.
The said premises affected are properties with frontage on the South side of Berry Street within the R-2
zoning district.
Plans are available for review at the office of the Building Department 27 Charles Street, North Andover,
MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM.
By order of the Board of Appeals
William J. Sullivan, Chairman
Published in the Eagle Tribune on May 26 & June 2, 2003.
Legalnotice 2003-019. w _
C
< C1_
am p7^?�sDr.�) Qfn:E d aXv o u�m eco �aDCOO�g� �cnco !\3
cola �o°°O(�o _oo0�m �...0 N.a°3ntmmvcD m��<
Co Win:
o �c o Wm �_.m o_ j _ ° ° 3 _c m 3 m C7
CML �� 3m �' m'� a ?'CD m �� ° c° a mva o m m v ° z> Om 3>
o= U, 0)nNi Q0°a0��°°"Oy°w°' ��9vO00o�d�wJ-mO=Dr > O��r
c (� m 6'- 3 5 o m° mom ° o CI -o °' O° c y 3 °°' 1°° c ::v ° 7 m o o m N y Z Z Z Sj PTl
CL
3vcoo 5Co�°m0W< M�'ov°m5'mola=ot°oa`im�' �o�.i��MM C, "O -4Q T7
=; 'a° D -.°Z �= rbEDM goo vn�co3mmmv`._.Z_ =aiQMCL wmm M U
mwa°io ow$mmo o 3comoN=.a IV aOIVN o 6101OK
jCra0 r�m �i W
003
J.3..�0 �, `G NNN i'(Q�O7na,NOA1Nv 30��7 �3�7�n0.cy : (J)
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Er
a
Postage $
M
Certified Fee
M
Return Receipt Fee
O
(Endorsement Required)
O
Restricted Delivery Fee
O
(Endorsement Required)
0.37 UNIT �'MT
2.30 P%
Here `� �.
Clerr�0�F1��
O3 Total Postagr " ' 2.67 05/22/03 —'
�
Sent To Zulu Realty Trust
___________Daniel Miller Trustee
M Street, Apt 'INV
of ?O Box 561
O or PO Box No.rY
City state, z'FNorth Andover, MA 01845
Ln
�o
A
'a Postage $ 0.37
=t'
`D Certified Fee
m
ru (Endorsement
Receipt Fee
O (Endorsement Required)
O Restricted Delivery Fee
p (Endorsement Required)
O Total Postage R ce"" Q 2.67
.-1
ru
r�
�.. Postage
m Certified Fee
fu Return Receipt Fee
O (Endorsement Required)
O Restricted Delivery Fee
O (Endorsement Required)
Gfe1`� KD5''H
o r�
O3 Total Postage ° `__ I o 2.67 105/2,2/8----
"
0 Sent To Socorro & Virginia Ramos ✓
r7 r Street, Apt. No 33 5 Berry St.
or PO Box No.
OCity State, ZIPNorth Andover, MA 01845
ru
T i -0
�ark
' tie c. !
v � k:X �1
C�: KDO n .'
05/ 22
Sent To Michael Santangelo
ru Street, Apt. No., 315 Berry Street
0 or PO Box No. North Andover, MA 01845
O Cfty State, ZIP4
r'
OCLIt 1 o4 -,-)-
Postage $ 0.37 G,, Y' IW_0e13 .
rD
rrl Certified Fee
2 nP��
i >a\;� Postma
Return Receipt Fee Here
0 (Endorsement Required)
O Restricted Delivery Fee lergy;'
C: �'1f
O (Endorsement Required)
k^
� Total Postage r - � 2•67 OcJi'e4G
MO Sent To Daniel & Jeanmarie Goudreault 7
ru Street, Apt. No; 345 Berry Street
or PO Box No.
-
O City State, ZIP+ North Andover, MA 01845
r`
:.,
M
r
Postage $ 0.37 UNIT 0 (D '
M Certified Fee ^C11
t!
KO�)lir)kark.
ru Return Receipt Fee a
O (Endorsement Required) j H"
/.
O
Restricted Delivery Fee V(Endorsement Required) Cl�rh , (�U54Gi�
O t,
a Total Postage a @ 2.67 05/22/03Ln
_
Sent To
_ __ George Hwa -Chin Lin
Street, Apt. Nc 2050 Turnpike Street
C3 or PO Box No.
Ciry State, ZIF North Andover, MA 01845
anu�.�+��-
�NQRTH1OVEk: MA01945
Postage $ 0.37 UNIT J ' Zi8i3~•.�
C'
m Certified Fee 2 30 /�
• i
ark
Return Receipt Fee
C3 e z
_ � (Endorsement Required)
Restricted Delivery Fee
r-3 (Endorsement Required) C '
Total Postage n. c @ 2.67 45/22/0] i
C3 Sent To Ed & Linda Pedi
ru strut; Wit: No. 324 Berry Street
C3 or PO Box No.
City Sta(e, ZrP. North Andover, MA 01845
r% -
AT
O
r`
a
I r`
FnRT H"
r ;,
`c
=Fee/
UNIT-5-043
r% -
C
��Tmy
N
Return Receipt Fee
(Endorsement Required)
""OAPostm
Here x
O
O
Restricted Delivery Fee
3.
O
(Endorsement Required)
G' / ostm
C3
�
Total Postapa R r.e. Q 2.67
1�
0,�'i2�]'�-�("
/
Ln
Sent To Harley Cooper Jr.
`ri°�
C3
Restricted Delivery Fee
(Endorsement Required)
erk: nH c
r r
Street:Apt. O 10 Berry Street
ru
O
or PO Box North Andover, MA
01845
C3
city srere, z
ru
tti
or PO Box No.
N
`orth Andover, MA 01845
-City
:A
sieve, zia
Postal
MAIL RECEIPT
(DomesticCERTIFIED
only;
. . . .
..o
N
CO
Postage
$ 0.37
UN�L
T
rn
Certified Fee
2.30
�' �ostmar�4
�, rr,2
Here�i
ru
Return Receipt Fee
(Endorsement Required)
Co
Ln
.-i 1�11nh�lrl�l .121r.nifr�.
Postage $
fTl Certified Fee
ru Return Receipt Fee
r3 (Endorsement Required)
C:3 Restricted Delivery Fee
O (Endorsement Required)
1:3 Total Postage & Fees
l^
E
r
E
C
r
MA OIR49
0.37 UNIT`ID813�.
2.30
LLU�%e" I
CIS 1. KI(i .r.
6
2.67 05/22 '3
Q..
,'ll
r% -
CO
.D
'c
rel
Certified Fee
G' / ostm
rU
Return Receipt Fee
(�O�Here :7
O
(Endorsement Required)
LL
C3
C3
Restricted Delivery Fee
(Endorsement Required)
erk: nH c
r r
C3/r.
r-qTotal
Postage R cee. Q 2.6 7
OSf Gf�{�3
0
Sent To Town of North Andover v _t✓ ..
ru
Street: aft: No.;120 Main Street
or PO Box No.
N
`orth Andover, MA 01845
-City
r�-
sieve, zia
C3Return Receipt Fee
(Endorsement Required) r
z
zBA 141
Date �5.--Ji'. ....03
TOWN OF NORTH ANDOVER
RECEIPT
This certifies thatJm.,I.ett.. !� �d M41A
``,,11 ......................
has paid ..V ..M.P.'.. d .v..... G.k........
for ... .9.3..'?J.......✓�...�T...........v.!.....�..........................
Receivedby .......�.................................................
Department....../.,.............................................
WHITE: Applicant CANARY: Department PINK: Treasurer
a-oD3-0/7
06/24./2003 04:32 19784701336 JANE E GRISWOLD ARCH PAGE 01
)ane E. Griswold Architect
��ERLii Aq�
JAMS E.
CIMSVVOLD
N0. 5431
MM.
83-10 COLONIAL DRIVE
ANDOVER
MASSACHUSETTS 01810
TEL 978-475-7136
FAX 978-470-1336
� 54j. 31 � �to)
V
4 i,,y -To -It, A, hl0e" Psk11D6qr--V—. J,tPrSS
11B - (0S8 - qs+z
TOWN OF NORTH ANDOVER
MUUM- 338 BaR.y S -T.
SPECIAL PERMIT
ZONING BOARD OF APPEALS _
�"�:,t �wi"t��-���a+`�r`�� ��{=�i.',�'tl'� ac`����r����.' a���''�5,r-a��•i�'� �"w `�i„�a"'i31y=�r..rs'��'� - , X 4'x'1,.
PROCEDURE
and REQUIREMENTS
for FILING an APPLICATION for
a SPECIAL PERMIT
Ten (10) copies of the following information must
be submitted thirty (30) days not later than noon
prior to the first public hearing. Failure to submit
the required information within the time periods
prescribed may result in a dismissal by the Zoning
Board of an application as incomplete.
The information herein is an abstract of more specific
requirements listed in the Zoning Board Rules and
Regulations and is not meant to supersede them. Items that
are underlined will be completed by the Town
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and
receivers a Permit Denial fprm completed by the
Building Commissioner.✓ .
STEP 2: SPECIAL PERMIT APPLICATION FORM:
Petitioner completes an application form to petition the
Board of Appeals for a Special Permit. All information
as required in it ms 1 through and including 11 shall be
completed.
Step 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in item 10 page 4 of this form./
STEP 4: SUBMIT APPLICATION:
Petitioner submits one 1 ori tnal-ef all the required
information and 10 xerox copies toile zBA Secretary.
The original will be stamped by the own Clerk
mrtifying the time and date of filing. The remaining ten
:opies will remain at the office of the Zoning Board of
-Nppeals secretary.
STEP 5: LIST OF PARTIES IN INTEREST:
ince the petitioner submits all of the required
nformation, the petitioner requests from the Assessors
Mce a certified list of Parties in Interest (abutters).
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
NEWSPAPERIPARTY IN INTEREST FEE:
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 on behalf of the
petitioner, the Board shall decide on the matter by using
the information it has otherwise received.
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 Laws ch. 40A sec. 17, within twenty (20) days
after the decision is filed with the Town Clerk.
Step 10: RECORDING CERTIFICATE OF DECISION
PLANS.
The petitioner is responsible for recording certification of
the decision and any accompanying plans at the Essex
County North Registry of Deeds, Lawrence
Massachusetts, and shall complete the Certification of
Recording form and forward it to the Zoning Board of
Appeals and the Building Department Office.
_c
VIPORTANT PHONE NUMBERS: � � � 0 � �
78-688-9501 Town Clerk's Office D �}
78-688-6545 Building Department �qY 1 5 2003 U
78-688-9541 Zoning Board of Appeals Office
� � " `)S l 6- -Z)-_ vc- ��� yM �� BOARD OF APPEALS
C-
W
C)
CD
.
-<
C. C-) l
rn71
i,nr
2nD-<:
C3rnom
p
(':cno
o
r<n''r n
7u
_c
VIPORTANT PHONE NUMBERS: � � � 0 � �
78-688-9501 Town Clerk's Office D �}
78-688-6545 Building Department �qY 1 5 2003 U
78-688-9541 Zoning Board of Appeals Office
� � " `)S l 6- -Z)-_ vc- ��� yM �� BOARD OF APPEALS
PAGE 2 OF 4 Date & Time
Stamp
Application for a SPECIAL PERMIT
-.."� �k��'%',N .�-i-f.:r�wa -. � .. r� �t ��_�c.wiri�"s.. �.. .'''3�Ki� I �$�' ,�., 1 �3FatPA.�� r'.t�+k'?Rar"e'�,��•i .r^;
.. �,,.-�.`w _.....,.=.-:'sem .f5. � ^�S`'" '� ',�„�• ..s,,;•. ��,.a ..... ,+�.J,�`l�ir�l� �ar�'w�.>r 4�9`� �.1�5�' `�"S.. S�'i°�`,:^z':��`:�
' ..-,.e.. ,rr.—a:r w,w�`tarH<wS�:K.ii-.s+..w�'"��. •.�li�c�'..Fti-.�..r ±i.a_- _ .: x . .mar; c...
North ANDOVER ZONING BOARD OF APPEALS
. Petitioner: Name, address and telephone number.
-he petitioner shall be entered on the legal notice and the decision as entered above.
Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
Location of Property:
a. Street: Di r^ Stf-a C Zoning District
b. Assessors: Map umber �o C Lot Number. 1,5-
c.
5c. Registry of Deeds: Book Number 51 r49 Page Number
By -Law Sections under which the petition for the Special Permit is made.,
:er to the Permit Denial and Zoning By4-aw Plan Review as supplied by the Building Commissioner.
Describe the Special Permit request:
�r X i 5 c, In , 9 c0 n 1 1`i11 Yl O - -�y+" 5Q;�b c.c.s .
above description shall be used for the purpose of the legal notice and decision. A more detailed description is
fired pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.
Page 3 of 4
Application for a SPECIAL PERMIT
'� Tt"'�?< •+; a�°�" owl r�-'"s„} .-za+ "� sr7 n•.. r a Frs-^w
:� .3LG. a �y+ � dna•$ ..i �:.:�.,r yy , i -� �, -. h p% � y�r- ^r? +�•s
:�t�3��r�i.kwa'^r��cvs.:�i^'i�7iK�i�*.�.�CJ+w`"`n..eit�'ard,�s�ir �'��' ^ w�.�jypL1: '.yr 5,�,�•�� 1�s�' '�°' s� .�, r='ir •.,•t ' :- .(
NORTH ANDOVER ZONING BOARD OF APPEALS
6.a Existing Lot
Lot Area Open Space
Percent Lot
Frontage
Parking
5-- �
Cov e
%--�—
Feet - —
Sp aces
Bio
b. Proposed Lot (S):
* (a-� r
Minimum Lot Ot Back
Front Side A Side B Rear
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back •
Sq. Ft. Sq. Ft. Cno'verage Feet
/� Spaces Front Siidd/e�A S'iid/e�B Rear
o�
c. Required Lot: (As required by Zoning By -Law)
Lot Area Open Space Percent Lot Frontage Parking . * Minimum Lot set Back •
Sq. Ft Sq. Ft Coverage Feet Spaces Front Side A Side B Rear
7. a. Existing Buildings:
Ground Floor. Number of Total Use of Number
Square feet Floors Sq. feet Building* of Units
i+o a I �._ a3g 1 5 e Cj n+f
7-_ —L_ �.
"Reference Use Code numbers and Uses from the Zoning a number of units in building.
B. Proposed Buildings:
Ground Floor Number of Total Use of Number * +�60 cto 5Cb-
Square feet Floors Sq. fBuilding• _ of Units �
O*
cid h6ranx • ��, X133 -. ey G e
'Reference Use Code numbers and Uses from the Zoning 49rdirmndW State number of units in build—ing. add
8. Petitioner and Landowner signature (s): � Sao 9 fta � 659
Eve application for a S t -f+
Every ppl' Special Permit shalt be made on this form which is the official form of the Zoning Board of �6T� �,
4ppeals. Every application shall be filed with the Town Clerk's Office. tt shall be the responsibility of the petitioner to
`umish all supporting documentation with this application. The dated copy of this application received by the Town Clerk ;rinse
w the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be . _151
-asponsible for all expenses for filing and legal notification. Failu o comply with application requirements, as cited -C&J+
ierein and in the Zoning Board Rules and Regulations may result a dismi 1 by the Zoning Board of this application D
3s incomplete. _
3i nature 0 03
Type above name W here 50tq' S.'t M y Jc PH
'AGE 4 OF 4 Application for a SPECIAL PERMIT
.xs..v...r�',�kaYei.NMeX..:..ti.'":�.i��i� +.ck ..<�c^. ._h't.�.'� .. .__ .. ..•rtc. •s... "_ _ :'..... wn..e._ ��t�"`��'�'»�..•':+e..:�'�y?6:u�Df.,—Tlt��i°�
9 WRITTEN DOCUMENTATION
Application for a Special Permit must be supported by a
Legibly written or typed memorandum setting forth in
letail all facts relied upon. This is required in the case
of a Special Permit when the following points, based on
VIGLA ch. 40A,. sec. 9 of the North Andover Zoning By -Law
and P 9.2 Special Permit Granting Authority shall be clearly
dentified and factually supported: Addressing each of the
)elow, points individually is required with this
application.
The particular use proposed for the land or structure.
The specific site is an appropriate location for such
use, structure or condition.
There will be no nuisance or serious hazard to
vehicles or pedestrians.
Adequate and appropriate facilities will be provided for
the proper operation of the proposed use.
The use is in harmony with the purpose and intent of
the zoning by-law.
Specific reference and response to the criteria
required by the particular special permit for which this
application is made (i.e. Earth Removal Special
Permit respond to criteria and submittal
requirements).
.Plan of Land by 1nµ�`j
:h application to the Zoning'8oard of Appeals shall be
*mpanied by the following described plan. Plans must
submitted with this application to the Town Clerk's
ice and ZBA secretary at least thirty f30) days prior to
public hearing before the Zoning Board of Appeals.
A. Major Projects .
or projects are those which involve one of the following
ther existing or proposed: a) five or more parking
ces, , b) three or more dwelling units, and
300 square feet of building area.
or projects that are less than the above limits shall
ire only the plan information as indicated with
risks (*) In some cases further information may be
fired.
3. Plan Specifications:
,,ize of plan: Ten (10) copies of a plan not to exceed
1 "x17", preferred scale of 1 "=40'
'Ian prepared by a Registered Professional Engineer
nd or Land surveyor, with a block for five (5) ZBA
ignatures and date on mvlar.
10 C. FEATURES TO BE INDICATED ON PLAN:
. Site Orientation shall include:
North point
,-2. zoning district (s) - (Z '�,
L3- names of streets
4. wetlands to be shown on plan (if applicable)
abutters of property, within 3�oot radius
tipt- 6. location of buildings on adjacent properties within
50' from applicants proposed structure
44r7. deed restrictions, easements
Legend & Graphic Aids:
Proposed features in solid lines & outlinedi red
Existing features to be removed in dashed lin _
Graphic Scales — —
Date of Plan
;,5�.' Title of Plan
6. Names add;essKo and phone`6`6`mbers of the
applicant, owner of re rd, and designer or
suryey4t
10 D. FURTHER REQUIREMENTS:
Major Projects shall require that in addition to the above
features, plans must show detailed utilities, soils, and
topographic information. A set of building elevation and
interior of building plans will be required when the
application involves new construction/conversion and/or a
proposed change in use. Elevation plans for minor
projects including decks, sheds, & garages shall be
included with a side view depicted on the plot plan,
which include a ground level elevation
11. APPUCATION FILING FEES
A. Notification Fees: Applicant is to send by certified
mail all legal notices to all abutters. and then
supply proof of mailing to ZBA secretary. Applicant is
to supply stamps (appropriate current postage) for
mailing of decisions to all parties of interest as
identified in MGLA ch. 40A in sec. 11 as listed on the
application. ZBA Secretary will compute number of
stamps.
B. Applicant is to supply one (1) set of addressed
labels of abutters to ZBA Secretary who will mail
-decisions to abutters and parties in interest.
C. Administrative fee of $50.00 per application.
A Special Permit once granted by the ZBA will lapse
in two (2) years if not exercised and a new petition
must be submitted.
HORTN
Zoning
Bylaw Review Form
Town Of North Andover Building Department
3`: 1 27 Charles St. North Andover' MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street: 33 8 e r^ n S f
Map/Lot:
Applicant: 3c o A
Request: a S }.o n q �( cQ o ti
Date: 5/9 / o 3
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning R — >
A
Kern
Lot Area
Notes
Item
Notes
F
Frontage
1
Lot area Insufficient
1
Frontage Insufficient
2
Lot Area Preexisting
2
Frontage Complies
3
Lot Area Com li
Complies .
e S
3
Preexisting frontage4
e s
4
Insufficient Information
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
yes
3
Preexisting CBA
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply
1Height
Exceeds Maximum
2
Front Insufficient
t���eysul;
2
Complies
3
Left Side Insufficient
3
Preexisting Height
4
Right Side Insufficient
4
Insufficient Information
5
6
Rear Insufficient
I
Building Coverage
Preexisting setback(s)
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies
D
Watershed
3
Coverage Preexisting
1
Not in Watershed
H e S
4
Insufficient Information
2
In Watershed
Sign
3
Lot prior to 10/24/94Ire
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
3
3
Not in district
Insufficient Information
� e -S
2
Parking Complies
e -
3
Insufficient Information
4
Pre-existinn Parking
iernedy for the above is checked below.
Item # Special Permits Planning Board It
Site Plan Review S ecial Permit C
Access other than Frontage S ecial Permit
Frontage Exce tion Lot Special Permit
Common Driveway Special Permit
Congregate Housing Special Permit
Continuing Care Retirement Special Permit
Independent Elderly Housing S ecial Permit
Large Estate Condo Special Permit
Planned Development District Special Permit
Planned Residential Special Permit
R-6 Density Special Permit
Watershed Special Permit
Fell] ff variance
-Z Setback Variance
Parking Variance
Lot Area Variance
--Height Variance
Variance for Sign
Special Permits Zoning Board
Special Permit Non -Conforming Use ZBA
Earth Removal Special Permit ZBA
.Special Permit Use not Listed but Similar
Special Permit for Sign
—� Special permit for preexisting
nonconformin
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.
,V (�
1�--q aoo 3 �=/a-avo 3
uilding Department Official Signaiure Application Received Application Denied
r
Pian 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:
Referred To:
Fire Health
Police
Zonin Board
Conservation
De artment of Public Works
thern
OHistorical Commission
Other Building Department
Town of North Andover
North Andover, MA 01845
To Whom It May Concern:
May 14, 2003
RE. Request for Special Permit; Sonja and Gerard Murphy, 338 Berry Street
The particular use proposed for the land or structure. The proposed addition will be
used as a kitchen (ground floor) and bedroom (2nd floor). The construction involves
removing an existing inadequate bedroom on the first floor (it does not have a foundation
under it and is difficult to heat) and the removal and replacement of a portion of the back
(Northerly) roof that is prone to leaking.
2. The specific site is an appropriate location for such use structure condition. Our
property is in Zoning District R2. Our lot meets the required zoning for lot area (43,560
square feet), frontage (150 feet), side (30 feet) and rear (30 feet) setbacks. It is used for
residential purposes. The proposed construction will meet the 30 foot set -back
requirement, but the existing historic house does not.
3. There will be no nuisance or serious hazard to vehicles or pedestrians. The proposed
addition will be to the rear (East) of the property. This will be at the opposite end from
the road and will not affect vehicles or pedestrians.
4. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use. The proposed addition will continue to be utilized for residential use.
5. The use is in harmony with the purpose and intent of the zoning by-law. The
property and the addition will continue to be utilized for residential purposes. It is our
understanding that the intent of the front set -back requirement is to provide sufficient
distance between the dwellings and the road in the zoning district. All the lots in our
neighborhood are one acre or larger; thus, overall dwelling space is a small percentage of
overall open space. Further, our home was built nearly 300 years ago; the fact that the
house sits merely feet from the road adds to the historic landscape and charm of the
neighborhood.
6. Specific reference and response to the criteria required by the particular special
permit for which this application is made. We request a special permit for a
preexisting nonconforming due to existing front setback (section 9 (9.2) of zoning
bylaw). Our home was built circa 1730 and sits merely feet from the front (Westerly)
property line, which is bordered by Berry Street. The house sits perpendicular to Berry
Street so that the front of the house faces South. This positioning of the house eliminates
the possibility of adding to either the West or South. The land to the North of our house
is used for the septic system. The most suitable location for the addition is to the rear
(Eastern side) of the property. Here the proposed addition will be beyond 30 feet from
the front of the property.
Town of North Andover, Zoning Board of Appeals
Parties of Interest / Abutters Listing
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 opposite on any public or
private street or 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 taxlist,
notwithstanding that the land of any such owner is located in another city or town, the
planning board of the city or town, and the planning board of every abutting city or
town."
Applicant's property, list by map, parcel, name and address (please print clearly
and use black ink.)
MAP PARCEL NAME ADDRESS
sex i5 BOO"- } S5
ABUTTERS PROPER S
MAP PARCEL
(� C,— 601
'( I S 1
J
6: . 34
`wdc -a
r_
P 6
ADDRESS
9' - -
i + /
i i • i
aA
, , , tea,
i
I jffiffl2
1 L
�,► .�� U i
THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND
CERTIFIED BY THE ASSESSORS OFFICE BY: -
SI ATURE
Date a
of Ass o North Andover
DATE
PAGE
OF
O Ilot
Of
13
?goct�a �a.p.-[) MOP -FAY
InaSSA64-1CbeTT5
j F G R I Sect O 1. fJ �ti2G! }('jbGT
• 978.4-� 5 • �► 3 6
s
I
I r�
I
I�
!o
l
cA
I
�
f.
G
L
of
T$7
_ r -T—! ' I s
r r Ii.
!-
No L.f�^i... A�t7cv.ER. Ma15.9P��iU�6T75
4.
May Z003 6R►SW01-0 - �te�l•1��.T _
_.... �19.o�tE1Z •-. M�P.6S�G+WSETTS d181O
ON
�1 cN :F -r2- zoo34>✓ .E. T.ISl�tl4�-7�._�t�1ECT- - .
Mua7P44i $3 -ID GOC.ONIA� 'p1ziV - —
.�h1t�O V E �- lt� a ss . • OI B I D -----�-
338 tP)EP-P- 5Ta EE T 978 4l5•�13�
Jo"12Tti ANootl�t2 MAS��AcNU�E7T5 _._.._.
tea
-6,0-
M
C'IT12145\AJOVP I f�41-11" I 1— 1
14 t- 1:)12ws
lr its 10
978 415' I.Z)kl
e,) �WS r. 8, A
I �
Iii
? �•
� � - _
04
tea
-6,0-
M
C'IT12145\AJOVP I f�41-11" I 1— 1
14 t- 1:)12ws
lr its 10
978 415' I.Z)kl
• � IBJ/��NJi .lf '�8� � -'1
I/+IT �`+__ II'
I
I I I I _
as311
I
xY Y. 25 • �" -----
•I
IT X a
td
o
s � 4
3 Z a 25
13 -c s
c m�
y �
J L.- ^3ZGMI'T.E G'T
1 � �� - to Got.�NIE+.L."DTa1VE
:jC.�%s•N rJIO (�1otz. U�� N P I.IDOVa -
Si N 9v5 • 415 7130
$cj TjER.�`t
Np°�TN %�%1pOVEg MASSF,c•yvSE•TTS
Leaf Design �BociateS, retains copyright, com monlaw and statutory rights to this drawinby
g
and the design described by it. It may notbe used for other projects without,,
ithout germiut,n .
Led Design Associates, and it may not be used "For Coustmetion" unless cificallstated.
i
r�
0 (/2
0
e
dm .
I
:p is $ 1.0 N 1;ce- MAY Zoo 5
�t1� MGPFH`('
't�.Ts-4
5. .CELS Lo
G D L -O w 0d''U.1?-
F4toa�¢.. i�1A�5 • oiv�o...._. _ __ .
X78 ¢T,--
TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
Procedure & Requirements
For an Application for a Variance
Ten (10) copies of the following information must
be submitted thirty 30 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 Zoning Board of an application as
incomDlete.
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. Items that
are underlined will be completed by the Town.
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and receives
a Permit 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 item 10 page 4 of this form.
STEP 4: SUBMIT APPLICATION:
Petitioner submits one (1) original of all the required
information and 10 xerox copies to the ZBA Secretary.
The original will be stamped by the Town Clerk
certifying the time and date of filing. The remaining ten
copies will remain at the office of the Zoning Board of
Appeals secretary.
STEP 5: LIST OF PARTIES IN INTEREST:
Once the petitioner submits all of the required
information, the petitioner requests from the Assessors
Office a certified list of Parties in Interest (abutters).
IMPORTANT PHONE NUMBERS:
978-688-9541 Zoning Board of Appeals Office
978-688-9501 Town Clerk's Office
978-68!05C %ilpiro 9� ment
MAY 1 5 7003
BOARD OF APPEALS
MUPP44 - 3m 6 -my sr��E
VARIANCE
>1*
j:
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/PARTY IN INTEREST FEE:
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 on behalf of the
petitioner, the Board shall decide on the matter by using
the information it has otherwise received.
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 Laws ch. 40A sec. 17, within twenty (20) days
after the decision is filed with the Town Clerk.
Step 10: RECORDING CERTIFICATE OF DECISION
PLANS.
The petitioner is responsible for recording certification of
the decision and any accompanying plans at the Essex
County North Registry of Deeds, Lawrence
Massachusetts, and shall complete the Certification of
Recording form and forward it to the Zoning Board of
Appeals and the Building Department Office.
o
Cn
n ;U rI
D
o rn CD r-,
�t:-j
W
Page 2 of 4
cation for a VARIANCE
1. Petitioner: Name, address and telephone number:
DLT
Zoning Board of Appeals
-55�-0,5--
2. Owners of Land: Name, Address and Telephone number and number of
years under this ownership:
Years Owned Land:
YY1 N
3. Location of Property:
a. Street: Zoning District 12
b. Assessors: Map n ber 101 e -Lot Number.m _ _ 15
c. Registry of Deeds: Book Number SiPage Number. 5�
4. Zoning Sections under which the petition for the Variance is made.
Seckibn 4.3 and -rab1t
'Refer to the Pemutt Denial and Zoning BY4.aw Plan Review as supplied by the Building Commissioner
5. Describe the Variance request
Affirdfil1,Wlid
*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 of this application. Failure b thea applicant to cdescribe the
a decision that does not address the Intent of the applicant. The decision will be limited to the lear) Y u may result in
additional Items not included above. applicant and viii not involve
6a, Difference from Zoning By -Law requirements: indicate the dimensio that will not meet current
Zoning By -Law Requirements. (A and B are in the case of a lot split) Y
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot sgBack
Sq. Ft. Sq. Ft. /� Coverage Feet Spaces Front Side A Side B Rear
A.
B. %
Page 3 of 4 Application for a VARIANCE
Zoning Board of Appeals
6. b. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
c. Proposed Lot (S):
Lot Area Open Space, Percent Lot Frontage Parking Minimum Lot set Back'
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
% bdd ( 41-&&)
d. Required Lot: (As required by Zoning By -Law)
Lot Area Open Space Percent Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces
D
N1 A- N A- % I
7. a. Existing Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building'
3q01 keLiLl
'Reference Uses from the Zoning By -Law. State number of units
building.
* Minimum Lot set Back'
Front Side A Side B Rear
30 30 3o 3o
. b. Proposed Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building*
_a A PS r k n i%,i
tip iki�tln>zr> bP dm�
3 �c ►o' ro-nLna,�
NIA- NIS _ -
*Reference Uses from the Zoning By -Law. State number of units in building.
11 a&54 (A JL041-1
8. Petitioner and Landowner signature (s):
a`d,
� `
2,ma,l'An
Q140 -in s�.�t ��^ 9�"`d vW - 300'
Every application for a Variance shall be made on this form which is the official form of the ir3 Board Appeals. Every be filed with
of application shall
the Town Clerk's Office. It shall be the responsibility of the petitioner to fumish 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
ap cation 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 in
1 _ /nA _
- j . „
above name (s) here 1:)lbA
66a'*zb w1 t,`
PAGE 4OF4
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 of the North Andover Zoning By -Law all dimensional requirements
shall be clearly identified and factually supported and addressing
each of the following points individually is required with this
application.
A.
B.
C
9
E.
F
The particular use proposed for the land or structure.
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.
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.
Facts relied upon to support a finding that relief sought
will be desirable and without substantial detriment to
the public good.
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 zoning
bylaw.
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.
10 A. Major Projects
Major projects are those which involve one of the following
whether existing or proposed: a) five or more parking
spaces, b) three or more dwelling units, and
c) 2000 square feet or more of building area.
Minor projects that are less than the above limits shall
require only the plan information as indicated with an
asterisks ("). In some cases further information may be
required
10 B. Plan Specifications:
a) Size of plan: Ten (10 ) copies of a plan not to exceed
11 "x17", preferred scale of 1"=40'.
b) Plan prepared by a Registered Professional Engineer
and/or Land Surveyor, with a block for five (5) ZBA
signatures and date indicated on mylar.
VARIANCE
10 C. FEATURES TO BE INDICATED ON PLAN:
A. Site Orientation shall include:
1. North point
2. zoning district (s)
3. names of streets
4. wetlands to be shown on plan (if applicable)
5. abutters of property, within 300 foot radius
6. location of buildings on adjacent properties within
50' from applicants proposed structure
7. deed restrictions, easements
B. Legend & Graphic Aids:
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/phone numbers of the
applicant, owner of record, and designer or
surveyor.
10 D. FURTHER REQUIREMENTS:
Major Projects shall require that in addition to the above
features, plans must show detailed utilities, soils, and
topographic information. A set of building elevation and
interior of building plans shall be required when the
application involves new construction/conversion/ and/or
a proposed change in use. Elevation plans for minor
projects including decks, sheds, & garages shall be
included with a side view depicted on the plot plan,
which includes a ground level elevation.
11. APPLICATION FILING FEES
A. Notification Fees: Applicant is to send by
certified mail all legal notices to all abutters, and
then supply proof of mailing to the ZBA secretary.
Applicant is to supply stamps (appropriate
current postage) for mailing of decisions to all
parties in interest as identified in MGLA ch. 40A,
sec. 11 as listed on the application. ZBA Secretary
will compute number of stamps.
B. Applicant is to supply one (1) set of addressed
labels of abutters to ZBA Secretary who will mail
decisions to abutters and parties in interest.
C. Administrative fee of $50.00 per application.
A Variance once granted by the ZBA will lapse in
one (1) year if not exercised and a new`petition must
be submitted.
,•;'NOkTij
Zoning Bylaw Review Form
- Town Of North Andover Building Department
27 Charles St. North Andover, MA. 01845
�A"'SSE Phone 978-688-9545 Fax 978-688-9542
Street: 3 3 S 13 e r rn %- S f.
Map/Lot:
Ch1
Applicant: -;- (2e a r. A
LD
Request: a y'x a 6" a Sj o n
A
Date:
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning R - -?-
Item Notes
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 ee S
3
Preexisting frontage
e s
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 `l e S
3
Preexisting CBA
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply
-71 Height Exceeds Maximum
2
Front Insufficient 0 { v -e -t- K
2
Complies
3
Left Side Insufficient
3
Preexisting Height
4
Right Side Insufficient
4
Insufficient Information
e g
5
Rear Insufficient
I
Building Coverage
6
Preexisting setback(s) -'t- %-1e 5
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies
D
Watershed
3
Coverage Preexisting
4
Insufficient Information
r
Pian 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:
Referred To:
Fire Health
Police
y� Zoning Board
Conservation De artment of Public Works
Planning Historical Commission
Other Building Department
Town of North Andover May 14, 2003
North Andover, MA 01845
To Whom It May Concern:
RE. Request for Variance, Sonja and Gerard Murphy, 338 Berry Street
A. The particular use proposed for the land or structure. We are requesting a variance on the front
set -back dimensional requirement for the purpose of constructing an addition. The addition will be
used as a kitchen (ground floor) and bedroom (2nd floor). The construction will include the removal
of an inadequate first -floor bedroom.
B. The circumstances relating to... conditions... affecting the property for which the variance is
sought which do not affect generally the zoning district in which the property is located. We
would like to build an addition. Our home sits merely feet from the front property line (the front of
the property faces West and is bordered Berry Street). The house sits perpendicular to Berry Street
so that the front of the house faces South. This positioning of the house eliminates the possibility of
building an addition to the West or South. The land to the North of our house is used for the septic
system. The most suitable location for the addition is to the rear (Eastern side) of the property.
Here the proposed addition will be greater than 30 feet from the front of the property.
C. Facts which make up the substantial hardship, financial or otherwise, which results from
literal enforcement of the applicable zoning restrictions... Our home was built circa 1730,
obviously predating current zoning laws. The house sits two feet from the front property line and
approximately seven feet from Berry Street. Literal enforcement of the applicable restriction (given
that we can not move the road) would require us to move the house back to the center of our lot.
This would be a severe financial hardship for us, and would compromise the integrity of this historic
house. Our land does comply with the required lot size (43,560 sq. ft.) and we do meet the frontage
(150 ft.), side set -back and rear set -back requirements (30 ft).
D. Facts relied upon to support a finding that relief sought will be desirable and without
substantial detriment to the public good. The East side of our house is relatively hidden from the
neighborhood and is woodlands. There are also sections of woods on both the North and South
property lines that provide a buffer between our neighbors and us. The proposed addition will have
minimal impact on the street scene. Further it is designed to compliment the historic character of the
existing house. Some homes in our neighborhood have added on, and our neighbors will find it
desirable that our house will be improved to meet the growing neighborhood standards.
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 zoning bylaw. It is our understanding
that the intent of the front set -back requirement is to provide sufficient distance between the
dwellings and the road in the zoning district. In our case, our home was built nearly 300 years ago,
many years before current zoning by-laws. The fact that the house sits merely feet from the road
adds to the historic landscape and charm of the neighborhood. Additionally, all the lots in our
neighborhood are one acre or larger and are predominantly wooded; thus, there is a sufficient buffer
to maintain the rural character of the neighborhood
F. Submit RDA from Conservation Commission when Continuious Buildable Area is applied for
in ZBA application. Not applicable.
C�
Parties of Interest / Abutters Tj tin
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 opposite on any public or
private street or way, and abutters to abutters within three hundred (300) feet of the
property line of the petitioneras they appear on the most recent apph�ble tax list,
notwithstanding that the land of any such owner is located in another city or town, the
planning board of the city or town, and the planning board of every abutting city or
town."
Applicant's property, list by map, parcel, name and address (please print clearly
and use black ink.)
MAP PARCEL NAME ADDRESS
r kts err• i -
ABU Rs ROP S cads �ovlc qR. SS
MAP PARCEL
moi• � . �.
' i RVMy
v
NAME
WMIRMIM-
ADDRESS
9
r
a
r � �
1. i
Ewa
THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND
CERTIFIED BY THE ASSESSORS OFFICE BY:
is
DATE
PAGE
OF