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HomeMy WebLinkAboutMiscellaneous - 350 GREAT POND ROAD 4/30/2018 (4)M- L mm Albert P. Manzi III, Esq. Chairman Ellen 11. McIntyre, Ilice-Charman Richard J. Byers, Esq. Cleik Richard M. Vaillancourt Associate 114embers Michael P. Liporto D. Paul Koch jr. Town of North Andover ZONING BOARD OF APPEALS_ , . -- 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, X17 Notice of Decision Year 2011 l2c P11 l ° 1 V 19 i Propertv at: 350 Great Pond Road North Andover. MA 01845 NAME: Ismail Erhan HEARING(S): 13 Sept 2011, 11 Oct 2011 and 8 November 2011 ADDRESS: 350 Great Pond Road(Map 37A Parcel PETITION: 2011-008A 5), North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at the Town Hall at 120 Main Street, North Andover, MA on Tuesday, November 8th , 2011 at 7:30 PM on the application of Ismail Erhan located at 350 Great Pond Road(Map 37A Parcel 5), North Andover, MA 01845. Petitioner is requesting a Special Permit to raze a single family home and to construct a new single family home in the R-1 District. The Petitioner's application recited Section 4.136(3)(c)(ii)(4) of the Bylaws. 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 & September 6, 2011. The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, and Richard M. Vaillancourt. The following Associate members were present: Michael P. Liporto and a non-voting member present: D. Paul Koch Jr. Upon a motion by Byers and Second by Vaillancourt, three members of the Board voted to GRANT the Special Permit pursuant to Sections 9 (non conforming use) and 9.2 (Alteration or Extensions) of the Zoning Bylaw to raze a single family home and to construct a new single family home in the R-1 District. The following members voted in favor of the Special Permit, Richard J. Byers, Richard M. Vaillancourt and Michael P. Liporto. Those not in favor to allow the Special Permit were: Albert P. Manzi and Ellen P. McIntyre, 3-2 The Board finds that the Special Permit for the petition of Ismail Erhan, located at 350 Great Pond Road received three votes to grant the Special Permit and two votes in opposition and that the application did not receive the required Supermajority of four votes to grant the Special Permit. The grounds for denial were because the petitioner did not satisfy the required circumstances pursuant to the petition filed, and the Petitioner did not satisfy the provisions for Section 9 and 9.2 of the Zoning Bylaws and that such a change, or extension or alteration shall be substantially more detrimental than the existing non -conforming structure. The Board finds that the petition for Ismail Erhan located at 350 Great Pond Road did not receive the required supermajority of four votes, so the Special Permit was denied. Decision 2011-008A Nortfl Andover Zoning B and of Ap eals Alb4-t P. Manzi III, Esq., Chairman I�Ilen P. McIntyre Vice -Chairman Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Michael P. Liporto Page I of 1 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairnmu Ellen P. McIntyre, Vice-Chanrilau Richard J. Byers, Esq. Clerk Richard M. Vaillancourt Associale Members Michael P. Liporto D. Paul Koch jr. Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, Notice of Decision Year 2011 2011 Niii 2 2 i ii 6 Pei, Mass. Cien. L. ch. 40A, 617 Property at: 350 Great Pond Road North Andover, MA 01845 NAME: Ismail Erhan HEARING(S): 13 Sept 2011 11 Oct 2011 and 8 November 2011 ADDRESS: 350 Great Pond Road(Map 37A Parcel PETITION: 2011-008B 5), North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at the Town Hall, at 120 Main Street, North Andover, MA on Tuesday, November 8, 2011 at 7:30 PM on the application of Ismail Erhan located at 350 Great Pond Road(Map 37A Parcel 5), North Andover, MA 01845. Petitioner is requesting a Variance in accordance with the Watershed Protection Division from Sections 4.136 and 4.136(3)(c)(ii)(3) from the Watershed Protection Division of the Zoning Bylaws and to raze a single family home to construct a new single family home in the R-1 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 & September 6, 2011. The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J. Byers, and Richard M. Vaillancourt. The following Associate members were present: Michael P. Liporto and a non-voting member present: D. Paul Koch Jr. Upon a motion by Byers and Second by Vaillancourt, three members of the Board voted to GRANT the Variance from Sections 4.136 and 4.136(3)(c)(ii)(3) of the Watershed Protection Division in the R-1 District. The following members voted in favor of the Variance, Richard J. Byers, Richard M. Vaillancourt and Michael P. Liporto. Those not in favor to allow the Variance were: Albert P. Manzi and Ellen P. McIntyre, 3-2 The Board finds that the petition of Ismail Erhan, located at 350 Great Pond Road received three votes to grant the Variance and two votes in opposition and that the application did not receive the required Supermajority of four votes to grant the Variance. The grounds for denial were because the petitioner did not satisfy the required circumstances for 4.136 and 4.136(3)(c)(ii)(3) and relating to soil conditions, shape or topography as required by G.L. Chapter 40A, Section 10. The Board finds that the petition for Ismail Erhan located at 350 Great Pond Road did not receive the required supermajority of four votes, so the Variance was denied. Decision 2011-008B wort rAndover Z6ning Bard of) Alb t P. Manzi III, Esq., Chairman Pie'n P. McIntyre, Vice- Chairman Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Michael P. Liporto Page 1 of I Town of North Andover ZONING BOARD OF APPEALS affm i 9. Manzi 933, &q. 6fa,&= �/ tiORTM Ma 9. Jtc9n", 21x,L'iWm" 3 chaxd Y. Xtfw, &q. &,ea David S. 2 e, &q. gkfm,td At. `Uag&utcacvci A C —14. wrcw y�. 7.O �DRITFD ffieia.curte ✓ fembm Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Town Clerk_Time Stamp 2GifG 12 P, 17 Fs }CA `'Ca Date // d'46 / 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: 350 _ 6"/-e /9 / . 7vo n 0 MAP: 3 % PARCEL: 5 TOWN: North Andover, MA 01845 Q TO MEETING DATE(S): 0 NAME OF PETITIONE3 ,,-/" , L 1,,w /a i ✓ /`' SIGNED: tioner (or petitioner'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 NORT1, Zoning Bylaw Review Form Y Town Of North Andover Building Department 1600 Osgood St. Bldg 20 Suite 2-36 Ss CH North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 350 Great Pond Road Ma /Lot: Map 37A /Lot 5 Applicant: Ismail Erhan Request: Demolish Existing / Construct a New Single Family. Date: Auq 17, 2011 icaaC lie auviseu gnat aver review or your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning R1 Remedy for the above is checked below Item # Special Permits Planning Board Item Notes Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage X Variance for Watershed 1 Lot area Insufficient X 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting X 2 Frontage Complies X 3 1 Lot Area Complies 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 X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies X 3 Left Side Insufficient 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 p I Watershed 3 Coverage Preexisting A wot in Watershled Y Insufficient InforMatiun 2 In Watershed X 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 X 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 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 X Variance for Watershed Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special permit for preexisting nonconforming X 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 thea v,ile. You must fil anew permit application form and begin the permit ing process. Buildi g Department Official Signature Applicatio Re eived 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 9 Non conforming use 9.2 Alteration or Extension -Special Permit by Board of Appeals 4.136 Watershed Protection Division 4.136c ii(3) Construction of a new permanent structure only after a Variance has been granted by the Zoning Board of Appeals Referred To: Fire Health Police X Zoning Board X Conservation Department of Public Works X Planning Historical Commission Other Building Department o � t L TOWN OF NORTH ANDOVER SPECIAL ZONING BOARD OF APPEALS PERMIT NAME /S N« 14- EP_ /+ AK1 ADDRESS OF APPEAL ••—p C, reo.� P -0001.(Z , Town Clerk Time Stamp Procedure & Requirements for an Appt.ication for a Special Permit Ten (10)copies of the following information must be 0 .d submitted thirty 3ays prior to the first public he 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. The petitioner will complete items that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies fora Building Permit and. receivers a Zoning Bylaw Denial form 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 items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 4: LIST OF PARTIES IN INTEREST: The petitioner requests the Assessors Office to compile a certified fist of Parties in Interest (abutters). .STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board. of Appeals secretary. IMPORTANT PHONE NUMBERS: Office of Community Dev. & Services 978-688-9533 1600 Osgood Street Building 20, Suite 2-36 North Andover, Massachusetts 01845 Fax 978-688-9542 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals office 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 :,`6 "-� On ,., •ail if u ac 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 sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 1 D: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision, Mylar, and any accompanying pians at the Essex County North Registry of Deeds, 384 Merrimack St., Lawrence MA 01843, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. IMPORTANT PHONE NUMBERS: North Andover Town Hall 120 Main Street 978-688-9566- Assessor's Office 978-688-9501 Town Clerk Page 1 of 4 Page 2 of 4 North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT Please complete all ►ferns 1 - 10 on pages 2 through 4: 1. Petitioner: *Name, *Address jijand telephone number �gMGI � SgnSl( Cr•�1(�� I5d Crete po,n, (Zoo�e� IVar 1�v�n vev l'Ylc *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: . SMat t Sandi l=14.'C�n Years ,Owned Land: 3 3. Location of Property:. a. Street: SSO C9rea�- nand Qoc j Zoning District: b. Assessors: Map Number 37 A Lot Number. c. Registry of Deeds: Boot: Number t 13,9a Pa ,e N13MF%=r �( 4.. General Bylaw Section(s) under which the petition for the Special Permit is made. Ll. 12 ell q *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: The abovedescription 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. Nage 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft Sq. Ft Coverage Feet Spaces Front Side A Side � Rear E� o `1D_© i6.0 % ray, a aGd%" 3q.s Quo 6B. Proposed Lot(s): Lot. Area Open Space Percent Lot Sq. Ft Sq. Ft Coverage ft. q 87. E 16-S % Frontage Parking Feet Spaces Igo' o� 6C. Required Lot: (As required by Zoning Bylaws & Table 2)) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft Sq. Ft Coverage Feet Spaces K R n A % 17�;......... oZ.._ 7A. Existing Building(s): Ground Floor Number of Total . Square feet Floors Sq. feet 5 quo 7B. Proposed Building(s): Minimum Lot Setback Front Side A Side B Rear dy6 .Y' 11b,(1 30.5 L"A Minimum Lot Setback Front SideA Side B Rear 30 ` Sd' 30` 30 ` Use of Number Building* `` of Units'' *Reference Uses from the Zoning Bylaws & Table 1. 'State number of units in building. Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units** � ly3; ses a -777(o Jl n ),Q cctryl t *Reference Uses from the Zoning Bylaws & Table 1. **State number of units in building. S. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application •shall be filled with the Town Clerk's Office. it shall be the responsibility of the pe - . ner mish all supporting documentation with thip application. The dated copy of this application received by the To Cie o the o g Board of Appeals does not absolve thapplica from this _sponsibility. The petitioner shall be res ible fo e e s for filing and legal notm"cabon. Failure t comps a (i on requirements, as cited herein an n oning card and Regulations may result in a dismissal b e Zo g B and of is application as incomplete. Signature -�---� Type above name(s) here Eh-ols N, Nage s Ot 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side � Rear ig6 43 `i'D_D id.0 01. 0 1 3`'(.8 6B. Proposed Lot(s): Lot. Area Open Space Percent Lot Frontage Parking Sq. Ft Sq. Ft . Coverage Feet Spaces 89x7 16•3 % !� _ 6C. Required Lot: (As required by Zoning Bylaws & Table 2)) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft Coverage Feet Spaces �7- lab 1 -,( Fr F -c A % l 7 �; .. a . . 7A. Existing Building(s): Ground Floor Number of Total . Square feet FloorsSq. feet 7B. Proposed Building(s): Ground Floor Number of Total SquarefeetFloors S] q. feet 3p $PiG3 /p77(o Minimum Lot Setback Front Side A Side B Rear a�r�' Lzb. (' -30Y t22d1' Minimum Lot Setback Front SideA Side B Rear 30" j 30". 3� Use of Number Buildng* `` of Units** *Reference Uses from the Zoning Bylaws & Table 1. **State number of units in building. Use of Number Building* of Units*` y *Reference Uses from the Zoning Bylaws & Table 1. **State number of units in building. S. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filled with the Town Clerk's Office. it shall be the responsibility of the pe ' . ner mish all supporting documentation with j 'application. The dated copy of this application received by the T Cie o the o g Board of Appeals does not absolve thpplica from this _spohsibil'ity. The petitioner shat! be res ibie fo e e s for filing and legal notification. Failure omp! a li on requirements, as cited herein an n oning bard and Regulations may result in a dismissal be Zo g B and of is application as incomplete. Jlanature Type above name(s) here N4, Page 2 of 4 North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT Please complete a// items 1 - 10 on pages 2 through 4: 1. Petitioner: *Name, *Address and teleohone number *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: G-emk hand 2 N� r4h A f"J014e v- MCI Years Owned Land: 3 3. Location of Property: a. Street: 35o Gr,?- A- Tori RZoning District: b. Assessors: Map Number • `37 A Lot Number. 9' c. Registry of Deeds: Book Number-- f 1 3cl q Pale Number. .0.( 4.. General Bylaw Section(s) under which the petition for the Special Permit is made. `1013ro 3oi� `� *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit reauestt 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. g. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Special Permit from the requirements of MGLA ch. 40A, and the North Andover Zoning By-laws, all dimensional requirements shall be clearly, identified and factually supported. All points, 1-6, are required to be addressed with this application. 1. The particular use proposed for the land or structure. 2. The specific site is an appropriate location for such use, structure or condition. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. The use is in harmony with the purpose and intent of t Zoning Bylaw. 6. Specific reference and response to the criteria required- by the particular Special Permit for which this application is made (i.e. the Earth Removal Special Permit has unique criteria and submittal . requirements.). 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 a is Q L L application LO U`�e Town own Clerk's Office and ZBA secretary at ieast *high, (30) ;A 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/a 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: L) five or more parking spaces, II) three (3) or more dwelling units,. LII) 2000 square feet of building area. Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. *10. B.'Plan Specifications: n Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"K17, preferred scale of 1 "=40' Orr-UTAL Vtf' MI In One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures and date. M 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. In 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 of record, and land surveyor. 7. Locus. 10 D. Minor Projects Ill:.^,or protects, -§uch ass deck-, sheds, an -d eTar-a es shall require only the plan information as indicated w,tn an. asterisks ("). In some cases further information may be required 11. APPLICATION FILING FEES A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover for the cost of first class, certified, return receipt x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps x the # of parties of interest on the abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8" (3 copies for the Legal mailing and one copy for the Decision mailing). C. See 2005 Revised Fee Schedule. 9>I9> A Special Permit once granted by the ZBA will lapse in 2 (two) years if not exercised and a new petition must be submitted. ®®. t L t `• TOWN OF NORTH ANDOVER SPECIAL ZONING BOARD OF APPEALS PERMIT NAME /SAAR 1L ER. t+A t,i ADDR_ESS OF APPEAL ',s— c,r-eo.� �d R , Town Cleric Time StaMD Procedure & Requirements for an Appl-ication for a Special Permit Ten (I O) copies of the following information must be submitted thirty (20J .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 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. The petitioner will complete items that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies fora Building Permit and. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: SPECIAL PERMIT APPLICATION FORM Petitioner completes an application form to petition the Board of ewpeals for a Special Permit. 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 Section 10 page 4 of this form. STEP 4: LIST OF PARTIES iN INTEREST: The petitioner requests the Assessors Office to compile a certified list of Parties in Interest (abutters). .STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: Office of Community Dev. & Services 978-688-9533 1600 Osgood Street Building 20, Suite 2-36 North Andover, Massachusetts 01845 Fax 978-688-9542 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals office 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 on : ana6f of -U;":=- 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 sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision, Mylar, and any accompanying plans at the Essex County North Registry of Deeds, 384 Merrimack St., Lawrence MA 01843, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. 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Scale: 1 " = 40' DATE: October 6, 2011 Dwg. No.: 10012006 CHRISTIANSEN PROFESSIONAL ENGINEERS; SERGI LAND SURVEYORS .� 160 SUMMER STREET PH: 978-373-0310 HAVERHILL, MASS. 01830 %r# FAX: 978-372-3960 ,"' "G. COMMUNITY DEVELOPMENT DIVISION Building Conservation Health Planning Zoning October 6, 2011 Mr. John McCarron 122-124 Union Street North Andover, MA 01845 Dear Mr. McCarron: Our office is in receipt of your letter dated September 25, 2011. As the director of the building and zoning division I am responding on behalf of Ellen McIntyre, Vice Chair of the Board of Appeals to whom your letter was addressed. You have listed several concerns regarding the petition of 114-116 Union Street which was approved on November 29, 2010. 1) The first of which is that the building department did not make timely inspections. After speaking with several of the department inspectors I can assure you that several - inspections were made at this location, both scheduled and non-scheduled inspections. Each inspector must sign -off on the building permit at various steps throughout the building process; this was accomplished. 2) You believe that a fence was installed on town property as well as the developer removing a sidewalk and replacing it with grass. I am personally investigating this and have asked to see a certified plot plan showing the property boundaries. It also appears from an older photograph that there was a sidewalk which was not replaced. I will work with DPW to ensure this is resolved. 3) The landscape plan was not followed. The plan does show a concrete block wall but the plan also states that the wall is recommended. The petitioner decided to construct a timber wall rather than a concrete block wall which was within his purview. Furthermore, the addition of a patio is not prohibited whether it was installed as part of the project or following a transfer of ownership. The landscape plan serves as a guide to how the site will lay out and provide access to the property for the homeowners. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com 0" hA� 4) Lastly you had concerns about the final landscaping and a dumpster. When in receipt of your letter I requested that the building inspector inspect the site again and he found the condition of the property in excellent condition. The site was clean and well maintained. and the lawn was in healthy condition. I will have the building department work with DPW to ensure that the final site work reflects what was expected by the Board of Appeals. I have also requested that the final occupancy permit not be issued until all outstanding items are resolved. Our office is available if you have any questions. Sincerely, Curt Bellavance, Director c: Albert P. Manzi, III, Esq., Chairman Board of Appeals Gerald Brown, Inspector of Buildings File 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com Abutter to Abutter ( ) Suiding Dept. ( ) Conservation ( X ) Zoning ( ) REMMEMENT., MOL Ado 3aaflan 11 Balsa b peA Ta lm in fnW W a ued In tbls dmptw dM am= eN pa RMW, akditm a rom d Iwd dlradly oppadbw any Waft or P tnft ora', and aI to abuMn w" 4Kae hiaslrea tM hat d its prorwrly gm d tha paldo wr as gray apper on tM most ram MOI0 bb W W, nor wMdwu*q that dr WW of any suds m~ b belad b a www dh w town, ft pin.. 1h berd a(IM dry or town, ane dw piw..h bowd d suwy WRW q dty or WW MAP P/lR� AAM Address 37A J famall Erhan 360 Great Pored Road North Andover, MA 01445 Abtdtm ProaertMs ME !° am Ad*ess 377A 3 -/Wham O'Brien 328 Great Pond Road, North Andover, MA 01845 37A 4 ,Alan Hope 370 Great Pond Road, North Andover, MA 01845 37A 8 ✓ Nanny Leland 254 Great Pond Road, North Andover, MA 01845 37A &A& 55 /Town of North Andcvw 120 Main Street, North Andover, MA 01845 37A 7 V/Douglas Ely 386 Great Pond Road, North Andover, MA 01845 37A 8 VChrWWher Brom 25 Castlemere Place, North Andover, MA 01845 37A 10 ✓JMB Really Trust 325 Great Pond Road, North Andover, MA 01845 37A 15 I/ Abort Movselan 369 Groat Pond Road, North Andover, MA 01846 37A 35 a Charles George 10 Castlemere Place, North Andover, MA 01846 37.A 52 ✓ James Cavallaro 20 Castlemere Place, North Andover, MA 01845 37A 53 ,/ Emily Dorherty 316 Great Pond Road, North Andover, MA 01845 Lake Cochktawick f/ Commormwlth of MA 100 Cambridge Street, Boston MA 02202 This certifies that the names appearing on the records of the Assessor Office as of Certified by: CHRISTIANSEN & SERGI, INC. PROFESSIONAL ENGINEERS AND LAND SURVEYORS CS1 160 SUMMER STREET, HAVERHILL, MA 01830 tel: 978-373-0310 www.csi-engr.com fax 978-372-3960 Date: August 11, 2011 To: Town of North Andover Zoning Board of Appeals From: Mike Capachietti Re: 350 Great Pond Road — Special CC: File 1) Overview The proposed site is an existing 85,440 S.F. lot in the R1 zone that currently contains an existing 2,346 S.F. one-story single-family house and detached garage. The lot abuts Lake Cochichewick and is located within the Watershed Protection District (WPD). The existing house is located within the 250' Non -Disturbance Zone per the WPD bylaw. The applicant proposes the razing of the existing house and garage, followed by the construction of a new single family house (3,888 S.F. foundation). The new structure would be constructed in the same area as the existing house and would not further encroach the buffer zone in the direction of Lake Cochichewick. 2) Special Permit The applicant is seeking a special permit from the requirements of MGLA ch. 40A Section 10.4 and the North Andover Zoning By-laws; addressing the required points as follows: 1) The particular use proposed for the land or structure. a. The use is proposed as a single family home, which is allowed in the district and what currently exists on the property. 2) The specific site is an appropriate location for such use, structure or condition. a. The use is proposed as a single family home, which is allowed in the district and what currently exists on the property. The proposed house is to be located in the same area as the existing house is located. 3) There will be no nuisance or serious hazard to vehicles or pedestrians. a. There will be no additional impacts to traffic as a single family house current resides on the lot and the existing driveway entrance will continue to be used. The proposed house is to be located approximately 245' from the Great Pond Rd right-of-way and will not result in any nuisance or serious hazard to vehicles or pedestrians. 4) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. a. The lot is currently serviced by Town water and sewer and the existing services will be tied into the new house. 5) The use is in harmony with the purpose and intent of the Zoning Bylaw. a. The proposed use is in harmony with the purpose and intent of the Zoning Bylaw as it currently houses a single family home, which is allowed per the use regulations of the R1 zone. The surround lots are developed and are also located within the WPD. 6) Specific reference and response to the criteria required by the particular Special Permit for which this application is made. a. The applicant seeks a special permit from Town of North Andover Zoning Bylaw section 4.136 3cii4, which states that a Special Permit is needed for "Replacement of any permanent structure" within the WPD. The applicant will go before the North Andover Planning Board to meet any requirements and requests they have for construction within the WPD. Page 2 Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Daniel S. Braese, Esq. Richard M. Vaillancourt Town of North Andover ZONING BOARD OF APPEALS 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 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 Ismail Erhan for property located at 350 Great Pond Road (Map 37A, Parcel 5), North Andover, MA 01845. The applicant plans to raze the existing home and to construct a new single family home in the R-1 Zoning District. Petitioner is requesting a Variance from 4.136 and 4.136c ii (3), from the Watershed Protection Division only after a Variance has been granted by the Zoning Board of Appeals. Also a Special permit is required for alteration or extension (Section 9 and 9.2). Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: Aug 30, 2011 Sept 6, 2011 19 0 U § m � a 2 0 � k o © U ] k� 2 � 2 � � k � wJ ƒ A 0 2 � A § � k / � \ 2 � � § � / \ « / 2 2 � 0 � § \ � .§ � t � O � � m � 0 \ § % % § / EI -C/ E0 to p� @ _� wCD � - CIO \ �h f ) toLu °0 2k %kk � / mrkk® \2 �� 4-- I &« &3 q N 0 Co C: (D E§.g2\ � e- 2mU�� 7 ° 0 c u U � � m .3 § \ � § / ® W t o � � k LL U)�d2 q § m � a MI 2 O U 2 0 � k o © U ] � w 2 � § � � k � ®2 A � \ / § � k \ R � 2 � � § � / § . � N2 � 3 � k a _ § « � � O § \ § ) E � ® o 0/ � E c � c: fQ 2 \� k CD �CIJ /h f E.w f bb) § % cu 0 ®2222 2 toms § \§ %® %0kk< \2 % / / 0 § ] f 2 ==0. 2 k { 5 §: a E2 ° q o \ q $5, R Cd K k R � ® 0 % U LL CO 02 Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Daniel S. Braese, Esq. Richard M. Vaillancourt Town of North Andover ZONING BOARD OF APPEALS Legal Notice North Andover Board of Appeals Associate Members Michael P. Uporto Zoning Enforcement Officer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at North Andover Town Hall 120 Main Street, North Andover, MA on Tuesday, September 13th 2011, at 7:30PM to all parties interested in the petition of Ismail Erhan for property located at 350 Great Pond Road (Map 37A, Parcel 5), North Andover, MA 01845. The applicant plans to raze the existing home and to construct a new single family home in the R-1 Zoning District. Petitioner is requesting a Variance from.4.136 and 4.136c ii (3), from the Watershed Protection Division only after a Variance has been granted by the Zoning Board of Appeals. Also a Special permit is required for alteration or extension (Section 9 and 9.2). Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: Aug 30, 2011 Sept 6, 2011 n ?'�� O� 5� o ink 3 vim m'g > > �o Dwy�v «,� w snag>20 o0 o� c oco�° m w.�D�?;"DR 50, 9.3 iao �» * 3 jio DA'o � m yv °� 50' COL , ZOZ . M �m ma�Avco�>>Nooam°mw°'= o�m�',°m 9»�moyo3,tnc`o°v°p•7D070o Ega) �-+ SDmm wco 0-01 Mmaov'�o v;p�vmd�(D way o�.n3io�'°cyp�UyyAwm ��oQo3mDmo�v,P:.' O= 1" oN�� 000 ��m•���w�N o�wm o �,�� ' 'N SD ��'��a°�iam�°o—'?moo=w my�� z o mva�m NN W- a �m �y ��vr10 � onws. °m�o�wd� owm Smwow°ai �3�5�N�m�-'(D >�oa°mrM A �_ 0) CD o3�50 5 co°" _ 3 55'. - Ivo°rm- Na Cr R1 Albert P. Manzi 111, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Cleric Daniel S. Braese, Esq. Richard M. Vaillancourt Town of North Andover ZONING BOARD OF APPEALS Legal Notice North Andover Board of Appeals Associate Members Michael P. Liporto Zoning EnforcementOfficer Gerald A. Brown Notice is hereby given that the Board of Appeals will hold a public hearing at North Andover Town Mall 120 Main Street, North Andover, MA on Tuesday, September 13th 2011, at 7:30PM to all parties interested in the petition of Ismail Erhan for property located at 350 Great Pond Road (Map 37A, Parcel 5), North Andover, MA 01845. The applicant plans to raze the existing home and to construct a new single family home in the R-1 Zoning District. Petitioner is requesting a Variance from .4.136 and 4.136c ii (3), from the Watershed Protection Division only after a Variance has been granted by the Zoning Board of Appeals. Also a Special permit is required for alteration or extension (Section 9 and 9.2). Application and supporting materials are available for review at the office of the Zoning Department 1600 Osgood Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 4:00 PM. By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman Published in the Eagle Tribune on: Aug 30, 2011 Sept 6, 2011 -Ulu fD ?.oa"dyci Nw�w�N•3:-,M wow?°0 10 c°aoD> �3p a^-iDoawD�O'mv°�°omm�•'.m°�.w_wya3m_(nC^ v °m �vo m:U =' ya°z�P''•�Da mZOM 'M ym*ad.—nwaW o°.O o° �mI�wN D� ,°'mwoo V- o 70-,o Q. D� 7`< NA'G. °_ Z . QM'oo D a anO aiteOmn• M °a_;. uma�Za0m eomZ� cny tr w'R Zdd °�m0° � 3 3 :o) mm3 99aDoawmrM. 0ceo (0 :3 - yvmwrom �'C0 vm o3�-r»D��ARr1 rn ' RI ' 6elina5 5hdural �ngineerinq I. C Phone 978.465.6436 Daniel L. Gelinas, P.E. Fax 978.465.5160 579A North End Blvd. Salisbury, MA 01952-1738 email danlgelinas@comeast.net January 23, 2012 Mr. Ismail Erhan C350 Great Pond Road North Andover MA 01845-2017 SUBJECT: Existing Foundation and proposed renovations 14ear Dr. Erhan: I Per your request Gelinas Structural Engineering LLC (GSE) met with your self and Architect Bill Balkus on site to review the existing foundation capacity with regard to the proposed renovations Summary: 1. The results of GSE's site observations and office analysis indicate the existing foundation walls and footings are capable of supporting the proposed renovations and will satisfy the structural requirements of the IRC 2009 as amended by the Massachusetts Residential Code 8th Edition 2. GSE has agreed to work with the client and architect Bill Balkus moving forward with the proposed renovations Please call with any questions. Very Truly Yours, Daniel L. Gelinas, RE E 1-23-12 proposed struct ok on fnd 1>�DAN urlsl FRIOC 10i='Al. of NOR7N 9 Zoning Bylaw Review Form Town Of North Andover Building 1600 Osgood St. Bldg 20 Suite 2-36 ,SSACHUSE< North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Department Street: 350 Great Pond Road Ma /Lot: Map 37A /Lot 5 Applicant: Ismail Erhan Request: Demolish Existing / Construct a New Single Family. Date: Aug17, 2011 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoninq R1 Remedy for the above is checked below Item # Special Permits Planning Board Item # Item Notes Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Watershed 1 Lot area Insufficient X 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting X 2 Frontage Complies X 3 1 Lot Area Complies 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 I Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies X 3 Left Side Insufficient 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 4 Insufficient Information 2 In Watershed X j Sign 3 Lot prior to 10/24/94 1 1 Sign not allowed N/A 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information X 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 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 Congregate Housing Special Permit X Variance for Watershed Continuing Care Retirement Special Permit Permits Zoning Board Independent Elderly Housing Special Permit -Special 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 for preexisting nonconforming X 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 ab v ile. You must fil a new permit application form and begin the permit 'ng process. Buildi g Department Official Signature Applicatio Re eived 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 9 Non conforming use 9.2 Alteration or Extension -Special Permit by Board of Appeals 4.136 Watershed Protection Division 4.136c ii(3) Construction of a new permanent structure only after a Variance has been granted by the Zoning Board of Appeals Referred To: Fire Health Police X Zoning Board X Conservation Department of Public Works X Planning Historical Commission Other Building Department KORmY' 9 pf The petitioner is responsible for recording certification of t* : ` eM10 the decision, the Mylar, and any accompanying plans at ti 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, 01.843 and �SSACHLIS�i TOWN OF NORTH ANDOVER Office, and the 10 Xerox copies will be left with the ZONING BOAR© OF APPEALS VARJA i C - 2011 AUG 18 010: 59 NAME, ADDRESS OF APPEAL: Town Clerk Tlr a Stamp Procedure &Requirements for an Application. fora 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 Board of 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: r,) tlfi ni .r I n application to petition. the e:.i;,o, .,, comp,ete�. an .,rp:; on form �... 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 ii formation 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). STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of theZaning 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 Parry in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legalnotice 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 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, 01.843 and date of fling. 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 itto the Zoning Board of Appeals and to the Zoning Board of Appeals secretary. Building Department. 8�ti i5'vw 37 i 3►b ao3 ¢ r e t l �3�vYi i z. T r n :Yi��3: t 7asyC� Y�Fai2n aYail;uy ,%k :��w3r a:arri." Err, sit Ed1:1,d Offi t st.l4i;M IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services 1600 Osgood St., Bldg. 20, Suite 2-36 North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals office North Andover Town Hall 120 Main Street 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office PAGE 4 of 4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a- VARIANCE Please coin`~lete li p a'items.l °.+10 tielow 3 airy, ? F: Y` 1. Petitioner: *Name, *Address and telephone number: U 4F i?J-�-Au *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: e`T- Years Owned Land: 3. Location of Property: a. Street: � 12ri Zoning District: il�I b. Assessors: Map number: Lot Number: c. Registry of Deeds: Book Number: (31 Z Page Number: 2� 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. Des;;rihe the E�anance 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 to 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 will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage .Parking Sq. Ft. Sq. Ft. Coverage Feet . Spaces Front Side A - Side 'B Rear A. % B. V NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANG E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft: Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear _ r 6 C. Proposed Lot(s); Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear i 80 ZZ� • � c >ti i � jUS 7 f 12E,7' 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear ? kZ© i `� _�25� `jb[ ?tet j6c Y'J 7A. Existing Building(s): Ground Floor Number of Height Total . Use of Number Square feet Floors o Sq. feet Building* of Units** *Reference Uses from the Zoning Bylaw & Table 1. **State number of units in building(s). 713. 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 fora 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 Zo ng Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible fora penses r filing and legal notification. Failure to co ly with application requirements, as cited herein and in the Zo in and Ru and Regulations may result in a dismiss4y tho Z ning Board of tfiis application as incomplete. / Sianature: Type above name(s) here: c5 L�/A(L *_=aK 0_.s, _.s,k :ico S 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 an.d 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. I 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 'Ordinance. 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 bythe following described plan. Pians must be submitted with this appiicatiorrto 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, III) 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. *Paan Specifications': VARIANCE I) Size of plan: Ten (10 ) paper copies of a pian 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. IM) Plan shall be prepared, stamped and certified by a Registered -Professional Land Surveyor. Please note that pians 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. '11) 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 -Pian -6. Names addresses acid phone numbers of the applicant, owner or record, and land surveyor. .7. Locus - 10 D. Mirror Projects Minor projects, such as decks, sheds, and garages, Shall require only uic plan .infvEiirauun as in--"* icatod wit- 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 class, certified, return receipt x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps x the # of parties of interest on the abutter's list for the decision mailing. 11.B. 1. 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. 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