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Home My WebLink AboutMiscellaneous - 35 EVERGREEN DRIVE 4/30/2018 (3)j I 0""es' t - . •1,9 eHilO .PP �,(7 3SAC HUSE - TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS April 30, 1997 Dr. Herbert H. Meyer 36 Evergreen Drive North Andover MA 01845 Re: Zoning Board of Appeals Decision - 35 Evergreen Drive Dear. Dr. Meyer: Under provisions of Ch 40 A of Massachusetts General Laws and Section 2.37.1 of local Zoning By -Laws of the Town of North Andover residents have the right to make application for a Family Suite. The ZBA, at a publid-hearing on April 17, 1997, after considerable deliberation and considering all of the facts at hand granted the • request of Mr. Armstrong for a Family Suite. The window of opportunity for an appeal of this decision runs for 20 days from the date of filing with the Town Clerk. The final date for such action requested by anyone objecting to the decision of the ZBA is May 14, 1997. :A copy of this decision is enclosed for your information. Yours truly, Walter F. Soule Acting Chairperson WS:jm -w yl moi; «ud7OC L�! i �r Dr. Herbert H. Meyer 36 Evergreen Dr. N. Andover, MA. 01845 4/29/97 Board of Appeals Town of N. Andover On April 18, 1997 I attended the Board of Appeals meeting dealing with the petition of Mr. John Armstrong and wife. Evergreen Dr. is a street for single family homes. As a homeowner on that street I am very much interested that this character of the street is being preserved. however, if the Armstrongs are allowed to expand their building as proposed, the old character of the neighborhood is destroyed and there is no halt from it developing into a multiple housing project. In my view, the building proposed by Mr. Armstrong is in direct conflict with Article 2.37.1 of the Zoning Bylaws which describes a family suite in the following manner: "A separate dwelling unit located within a single family dwelling subordinate in size to the principal unit and separated from it in a manner which maintains the appearance of the building as a single family dwelling. The size of the family suite is not to exceed 1200 square feet or not more than 25% of the gross floor area of the principal unit, whichever is lesser...." According to the submitted plan, the new structure, by practically doubling the size of the original building, certainly destroys the appearance of the building as a single family dwelling. Furthermore, the present building being a two story dwelling with roughly 2400sq feet, the new addition certainly excedes the 25% of the gross floor living area of the existing unit. I expect the town of N.Andover to protect the right and value of the property of all homeowners on Evergreen Dr. by enforcing the applicable Bylaws of the town. For the above reasons I respectfully request that Mr. And Mrs. Armstrong do not receive the permit to expand their present house as proposed. Respectfully, li 'r s ' Herbert H. Meyer Any Appeal shall be filed within (20) days after the date of filing this notice in the Office of the Town Clerk - RECEIVED SORT►,. JOYCE BRADSHAW o?°b'"��. "'��°oma TOWN CLERK NORTH ANDOVER SPR 10 FM'97 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION PY•( nprty_ '1'1 7iTa?-m-rnnn n-4 tr John & Donna Armstrong Date: April 24, 1997 35 Evergreen Drive Petition: 008-97 North Andover Ma 01845 Hearing: 4/17/97 The Board of Appeals held a regular meeting on Tuesday evening, April 17,_1997 upon the petition of John andDonna Armstrong requesting a Special Permit under Section 4, Paragraph 4.12 (17) Table 2 in R-2 District of the Zoning By Law so as to construct a family suite at property located at 35 Evergreen Drive. The following members were present and voting: Walter Soule, Raymond Vivenzio, John Pallone, Robert Ford, Scott Karpinski, and Joseph Faris. The hearing was advertised in the North Andover Citizen on March 26, 1997, & April 2, 1997 all abutters were notified by regular mail. Upon.,a motion by Robert Ford seconded by Joseph Faris the Board voted unanimously to Grant a Special Permit as requested under Section 4, paragraph 4.12(17) for the construction of a family suite. Voting in favor: Walter Soule, Robert Ford, Raymond Vivenzio, John Pallone, and Scott Karpinski, The petitioner has satisfied the provisions of Section 10.31 Paragraph 1 of the Zoning Bylaw and that the granting of this Special Permit will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building permit as the applicant must abide by all applicable local, state and federal building codes and regulations, prior to the issuance of.a building permit as required by the Building Commissioner. Zoning Board o Appeals, William Sul.1__i.va.n; Chairman t Any Appeal shall be filed within (20) days after the date of filing this notice in the Office of the Town Clerk TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION RECEIVED JOYCEBRADSHAW TOWN CLEaK NORTH ANDOVER APR Z� 110 P , �9� Pronerty: 35 Fverareen nri va John & Donna Armstrong Date: April 24, 1997 3.5 -Evergreen Drive Petition: 008-97 North Andover Ma 01845 Hearing: 4/17/97 The Board of Appeals held a regular meeting on Tuesday evening, April 17,_1997 upon the petition of John and,,Donna Armstrong requesting a Special Permit under Section 4, Paragraph 4.12 (17) Table 2 in R-2 District of the Zoning By Law so as to construct a family suite at property located at 35 Evergreen Drive. The following members were present and voting: Walter Soule, Raymond Vivenzio, John Pallone, Robert Ford, Scott Karpinski, and Joseph Faris. The hearing was advertised in the North Andover Citizen on March 26, 1997, & April 2, 1997 all abutters were notified by regular mail. Upon.a motion by Robert Ford seconded by Joseph Faris the Board voted unanimously to Grant a Special Permit as requested under Section 4, paragraph 4.12(17) for the construction of a family suite. Voting in favor: Walter Soule, Robert Ford, Raymond Vivenzio, John Pallone, and Scott Karpinski, The petitioner has satisfied the provisions of Section 10.31 Paragraph 1 of the Zoning Bylaw and that the granting of this Special Permit will not adversely affect the neighborhood or derogate from the intent and purposeof the Zoning Bylaw. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building permit as the applicant must abide by all applicable local, state and federal building codes and regulations, prior to the issuance of.a building permit as required by the Building Commissioner. Zoning Board o Appeals,`'— V .'_. Ym Sul*1 i -Jan; Chi ma:: Any Appeal shall be filed within (20) days after the date of filing this notice in the Office of the Town Clerk t �10RTp. ,P- tia°t F "Argo A 9 SqCFIUS t� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION RECEIVED JOYCE BRADSHAW. TOWN CLERK NORTH ANDOVER APR 24 110 PM 191 Propertv: 35 Everareen Drive John & Donna Armstrong Date: April 24, 1997 35 Evergreen Drive Petition: 008-97 North Andover Ma 01845 Hearing: 4/17/97 The Board of Appeals held a regular meeting on Tuesday evening, April 17,_1997 upon the petition of John andDonnaArmstrong requesting a Special Permit under Section 4, Paragraph 4.12 (17) Table 2 in R-2 District of the Zoning By Law so as to construct a family suite at property located at 35 Evergreen Drive. The following members were present and voting: Walter Soule, Raymond Vivenzio, John Pallone, Robert Ford, Scott Karpinski, and Joseph Faris. The hearing was advertised in the North Andover Citizen on March 26, 1997,,,& April 2, 1997 all abutters were notified by regular mail. Upo unanimously to Grant a Special Permit as requested under Section 4, Paragraph 4.12(17) for the construction of a family suite. Voting in favor: Walter Soule, Robert Ford, Raymond Vivenzio, John Pallone, and Scott Karpinski, motion by Robert Ford seconded by Joseph Faris the Board voted The.petitioner has satisfied the provisions of Section 10.31 Paragraph 1 of the Zoning Bylaw and that the granting of this Special Permit will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Note: The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a Building permit as the applicant must abide by all applicable local, state and federal building codes and regulations, prior to the issuance of.a building permit as required by the Building Commissioner. Zoning Board o Appeals, mo o � �m �m T a 131.00' L 70.14' NORTH ANDOVER BOARD OF APPEALS DATE OF FILING: DATE OF HEARING: DATE OF APPROVAL: 0 40' 80' .. PROPOSED PLOT PLAN LOT 2, 35 EVERGREEN DRIVE NORTH ANDOVER MASSACHUSETTS BOUNDARY INFORMATION WAS OBTAINED FROM A PLAN ENTITLED, PREPARED FOR: JOHN & DONNA ARMSTRONG "PLAN OF LAND LOCATED IN NORTH ANDOVER, MASS. PREPARED SCALE: 1 = 40 DATE: MARCH 12, 1997 FORMARK HENRY, DATED MARCH 17, 1988 J.J.B. ASSOCIATES, NEW ENGLAND ENGINEERING SERVICES INC., INCORPORATED.' 33 WALKER ROAD NORTH ANDOVER, MASSACHUSET'I5 105 W. D. R.C.T. & B.C.O. JR. (508) 686-1768 'JOYOE Beal"i r �� no NYFR fN�i° J' 1 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant Address�v�� PP�t>1�i1'dvP� m5 , Tel. No. 1. Application is hereby made: a) For a variance from the requirements of Section Paragraph and Table of the Zoning Bylaws. }} Vii. 1 Zf (�7J b) For a special Permit under Section Paragraph— of the Zoning Bylaws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land ✓ and building(s) numbered Street. b) Premises affected are property with frontage on the North (}O South ( ) East ( ) West ( ) side of Street. Street, and known as No.I Street. c) Premises affected are in Zoning District 4 Q<, and the premises affected have an area of dTy. square feet and frontage of ISO feet. 5 of 8 Rev. 06.03.96 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : V j �1_rn1 Date of Purchase Previous Owner�,�iy b) 1. If applicant i n t owner, check his/her interest in the premises: Prospective Purchaser Lessee Other. 2. Letter of authorization for Variance/Special Permit required. 4. Size of proposed building: �O front; �� feet deep; Height A'�-- stories; 2-5� feet. a) Approximate date of erection: b) Occupancy or use of each floor: (2E�� t-nrt 14L C ) Type of construction: C),11 S. Has there been a previous appeal, under zoning, on these premises? vkp If so, when? 6. Description of.relief sought on this petition�a� 7- n- LAuJ ►fat T 7. Deed recorded in the Registry of Deeds in Book 422 Page Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) 1I . iw\. a.. 1 :�►��. t� -r1+-C7--IA2]4GY7 /��IA�C�YY1��S I agree to -oav the filincr fee, advertising in newspaper, and Rev. 06.03.96 / f r DESCRIPTION OF VARIANCE REQUESTED i ZONING DISTRICT: Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension Area 1 acre 47,300 none Street Frontage 150 150 none Front Setback 30 60+none h Side Setback (s) 30 34 none is i; Rear Setback 30 none Special Permit Request: to Allot a anlaw above the garage for Doma A=tr igs parentsto. occupy. The addition will confo= to all the zoning and be less than the 25% allowed by the zoning by laws. 7 of 8 Rev p6.03.96 15'X10'SHED APPROX. LOCATION W J cO LOT 2 U! 47,300 S. F. f 41. I� �? EXISTING GARAG I TO BE RAZED O ri EXISTING HOUSE 09' _ 4:35': PROPOSED ADDITION T 131.00'/ S.B. L 70.14' FOUND S.B. FOUND BOUNDARY INFORMATION WAS OBTAINED FROM A PLAN ENTITLED, "PLAN OF LAND LOCATED IN NORTH ANDOVER, MASS. PREPARED FOR MARK HENRY, DATED MARCH 17, 1988 J.J.B. ASSOCIATES, INCORPORATED." 105 JW" W. D. IBY.. R.C.T. & B.C.O. JR. 40' 0 80' PROPOSED PLOT PLAN - LOT 2, 35 EVERGREEN DRIVE NORTH ANDOVER MASSACHUSETTS PREPARED FOR: JOHN & DONNA ARMSTRONG SCALE: 1" = 40-' DATE: MARCH 12, 1997 NEW ENGLAND ENGINEERING SERVICES INC., 33 WALKER ROAD NORTH ANDOVER, MASSACHUSETTS (508) 686-1768 35 Evergreen Drive 35 Evergreen Drive 114 Marian Drive No. Andover Ma 01845 Paul Davis 21 Evergreen Drive No. Andover MA 01845 Heinz & Eva Westphelan 24 Marian Drive No. Andover MA 01845 Louis & Joyce Bowab 44 Marian Drive No. Andover MA 01845 Joseph & Gertrude lannazzi 66 Marian Drive No. Andover MA 01845 Stephen & Marcia Sampson 47 Evergreen Drive No. Andover MA 01845 Sheldon & Sara Gilbert 98 Marian Drive No. Andover MA 01845 Christopher & Anne Henry po box 247 No. Andover MA 01845 Herbert & Maria Meyer 36 Evergreen Drive No. Andover MA 01845 Sara Murphy 873 gestmit st No. Andover MA 01845 No. Andover Ma 01845 Paul Davis 21 Evergreen Drive No. Andover MA 01845 Heinz & Eva Westphelan 24 Marian Drive No. Andover MA 01845 Louis & Joyce Bowab 44 Marian Drive No. Andover MA 01845 Joseph & Gertrude lannazzi 66 Marian Drive No. Andover MA 01845 Stephen & Marcia Sampson 47 Evergreen Drive No. Andover MA 01845 Sheldon & Sara Gilbert 98 Marian Drive No. Andover MA 01845 Christopher & Anne Henry po box 247 No. Andover MA 01845 Herbert & Maria Meyer 36 Evergreen Drive No. Andover MA 01845 Sara Murphy 873 Cjestmit st No. Andover MA 01845 No. Andover MA 01845 John & Monique Curtin 114 Marian Drive No. Andover MA 01845 I Received by Town Clerk: RECEIVED JOYCE BRADsHAW NORTH TOWN ADOVER MAR I8 io 46 AM TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE �/__/ Applicant 72)0/WAl?aIS1�O Address ve, reed A-16i-er ohn rnS�rz� Tel. No. 6 j11 Q- 1. Application is hereby made: a) For a variance from the requirements of Section Paragraph and Table h�of the Zoning Bylaws. b) For a special Permit under Section' Paragraph r("� P � of the Zoning Bylaws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land ✓ and building(s) numbered �yt`124/L¢QY1 �clE Street. b) Premises affected are property with frontage on the North ()() South ( ) East ( ) West ( ) side of Street. r Street, and known as No. Street. c) Premises affected are in Zoning District 4-X , and the premises affected have an area of!11, &yQ square feet and frontage of 160 feet. Rev. 06.03.96 5 of 8 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : IiV '— Date of Purchase Previous OwnerTk fiu l n b) 1. If applicant i n& owner, check his/her interest in the premises: Prospective Purchaser Lessee Other 2. Letter of authorization for Variance/ Special Permit required. 4. Size of proposed building: ?OI front; "Uf feet deep; Height t stories; 2-!5� feet. a) Approximate date of erection: �1✓1G, 1 b) Occupancy or use of each floor: c) Type of construction: W1Opi S. Has there been a previous appeal, under zoning, on these premises? Vlr� If so, when? 6. Description of relief sought on this petition. CE ► f1 '-LA-U' n-ak 7V7- 7. Deed recorded in the Registry of Deeds in Book 3 PageoLA� Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) A , I agree to pay the filing fee, �ncfidenta� expos* i1 Rev. 06.03.96 Siadalture of 5e advertising in newspaper, and ioner(s) J4i"U�r es DESCRIPTION OF VARIANCE REQUESTED 19 ZONING DISTRICT: OI Required Setback Existing Setback Relief or Area or Area Requested Lot Dimension Area 1 acre Street Frontage 150 Front Setback 30 47,3Q0 150 60+ none none none Side Setback (s) 30 34 nye Rear Setback 30 none Special Permit Request: to. Allow a inlW abs the a Astrongs pazentsto occupy. The addition Will Gonfo=to llothe�l zmzoning and be less than the 25% alla4ed by the zoning by laws. Rev 06.03.96 7 of 8 T a 131.00' L a 70.14' S0� NORTH ANDOVER BOARD OF APPEALS DATE OF FILING: DATE OF HEARING: DATE OF -APPROVAL: 0 40' 8o' PROPOSED PLOT PLAN LOT 2, 35 EVERGREEN DRIVE NORTH ANDOVER MASSACHUSETTS 40 9 ou PREPARED FOR: JOHN & DONNA ARMSTRONG BOUNDARY INFORMATION WAS OBTAINED FROM A PLAN ENTITLED, SCALE: 1" = 40' DATE: MARCH 12, 1997 "PLAN OF LAND LOCATED IN NORTH ANDOVER, MASS. PREPARED FOR DARK HENRY, DATED MARCH 17, 1988 J.J.B. ASSOCIATES, NEW ENGLAND ENGINEERING SERVICES INC., INCORPORATED." 33 WALKER ROAD NORTH ANDOVER, MASSACHUSETTS Fpw � 105 . w W. D. Owm R.C.T. & B.C.O. JR. if (508) 686-1768 We, as neighbors of John and Donna Armstrong, support their appeal to allow a family suite to be constructed at 35 Evergreen Drive. Sign tune Address Printed Name Phone Number xl<&17� r. � «E Printed Name Signature Printed Name Signature Printed Name Signature wed Nam dJ 1-1 S'f e e A) -.ca.)4,�Y Printed Mme Address '!�7(Y�3 -) �zz Phone Number "al"el-lewal dz. Address Phone Number �59 L't ..--�-'>/-1 ✓e /V 4 Address Sam— fo c r6-0 31 J.� Phone Number Address Phone Number Address -67F � t3 -4390 Phone Number Addr ss SD� 6 �'3 - 3 9 Phone Number We, as neighbors of John and Donna Armstrong, support their appeal to allow a family suite to be constructed at 35 Evergreen Drive. r Sigature d&,.-- �J Printed me Signature Printed Name / Signature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name Address Phone Number X�2 CI61z5"b;7 Address b/"7-Z/Y, �2a Phone Number Address Phone Number Address Phone Number Address Phone Number Address Phone Number Address Phone Number 2 pORTH q =Octt�ao ,6 tiO 3 � O i T 1- p 9SSACHUSE" TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a public hearing at the Stevens Memorial Library located at,345 Main Street, North Andover, MA. on Thursday the 17th day of April 1997 at 7:30 o'clock P.M. to all parties interested in the appeal of John & Donna Armstrong requesting a Special Permit pursuant to Section 4, Paragraph 4.121(17) in the R-2 district of the Zoning Bylaw, so as to allow a family suite to be constructed. Said premise is located at 35 Evergreen Drive which is in the R-2 Zoning District. Plans are available for review at the Office of Community Development & Services, Town Hall Annex, 146 Main Street. By the Order of the Board of Appeals William J. Sullivan, Chairman Publish North Andover Citizen 3.26.97 & 4.2.97 35 Evergreen Drive i LEGAL NOTICE + - _TOWN OF NORTH ANDOVER BOARD OF APPEALS S i Notice is hereby given that the Board of Ap- peals will hold a public hearing. at the Stevens Memorial Library, 345 Main Street, North Ando- t a I ver, MA on Thursday the 17th day of April 1997 at 7:30 o'clock P.M. to all parties interested in the appeal of John &' Donna Armstrong re- questing a Special Permit pursuant to Section 4, Paragraph 4.121(17) in the R-2 district of the Zoning Bylaw, so as to allow a family suite to be constructed. I i Said premise is located at 35 Evergreen Drive 1 which is in the R-2 Zoning District. Plans are 11 available for review at the Office of Community Development & Services, Town Hall Annex, 146 Main Street i By the Order of the Board of Appeals, William J. Sullivan; Chairman North Andover Citizen, 3726-&4/2/97 - 13 cz 0 0 CID 0'o tg ,3 LZ > ",.P 1403S Ln w 0 Z 0 Lr) F- r LLI r Z -j w O cz 0 0 CID 0'o tg ,3 LZ > ",.P 1403S Ln w 0 Z 0 Lr) AA A c� _ t 1 OPPGf✓ }I F . eo� L j 1 y W, r; '' co � om M 0� �rtlhl` c� Cz Q N O UI R!54 C4ON^i df � 4 � � N a W � � H � O ppl 0 go �10'D5 ac y 4 cz �d CZ coM LO CIS V yi 4, OZ a en ° W, � A cz N O A .� � O OI PO (U irr ¢ N O � Q ��d 0 4� � N E� of 4 a� C M Ln U O 3 to �w a M o CA