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Miscellaneous - 39 ADAMS AVENUE 4/30/2018
t s + f Cl vfj L--7 f C-1 L CA • 1 pwma DECISION ftE ON f j ,ti4te\ n (1��62wvP� �Z Q \AAI- loc to Ao I\v .9 -0� Town of North Andover f NORTh Office of the Zoning Board of Appeals to, Community Development and Services Division Y• 27 Charles Street " i° North Andover, Massachusetts 01845 'SsACHU D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice Notice of Decision Year 2002 Telephone (978) 688-9541 Fax (978) 688-9542 in the office of the Town Clerk. Property at: 39 Adams Avenue NAME: James Mahan DATE: September 13, 2002 ADDRESS: 39 Adams Avenue PETITION: 2002-033 North Andover, MA 01845 HEARING: 8/13/02 & 9/10/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, September 10, 2002 at 7:30 PM upon the application of James Mahan, 39 Adams Avenue, North Andover, MA requesting relief of a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for right side setback on an existing porch and left side setback for a proposed garage; and for a Special Permit from Section 9, Paragraph 9.2 for the extension of a pre-existing, non- conforming structure on a pre-existing, non -conforming lot to allow for a proposed garage within the R4 zoning district. The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, Scott A. Karpinski, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse. Upon a motion made by John M. Pallone and 2°d by Walter F. Soule, the Board voted to GRANT the dimensional Variance for relief from Section 7, Paragraph 7.3 and Table 2 of 3' from the west side setback and 1' from the east side setback on the condition that the applicant provide a revised plan and mylar indicating the setbacks from the chimney and the covered stairs per Plan of Land 39 Adams Avenue, North Andover, MA prepared for James Mahan by Frank S. Giles I1, P.L.S. 941713, Scott L. Giles, Frank S. Giles Surveying, 50 Deermeadow Road, North Andover, MA, 01845, Date: June 4, 2002, Revisions: Sept. 11, 2002. The Board finds 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. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, Ellen P. McIntyre, and George M. Earley. Upon a motion made by John M. Pallone and 2nd by Walter F. Soule, the Board voted to GRANT the Special Permit for relief from Section 9, Paragraph 9.2 for the extension of a pre-existing, non -conforming structure on a pre-existing, non -conforming lot to allow for the proposed garage, per above revised September 11, 2002 Plan of Land. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, Ellen P. McIntyre, and Geor'M. Earley. Page 1 Of 2 Board of Appeals 688-9541 Building 688-9545 conservation 688-9530 Health 688-9540 Planning 688-9535 Town of North Andover „ORTN Oft«eo a q�'O Office of the Zoning Board of Appeals 02 Community Development and Services Division t 27 Charles SLrQ(_'t North Andover, Massachusetts 01.345 9SSACHus�4� D. Robert Nicetta B11116illi conlolissionel Telephone (978) 688-9541 Fax(979)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. Decision2002-033 Page 2 Of 2 Town of North Andover Board of Appeals, r William I Sullivan, Chairman Board of Appeals 688-9541 Building 688h45 Conservation 688-9530 Healrit 68S-9540 Pianning 68R 95351 m .17777.77, Y SJ RIM �, .;1.:. ,riifr7. rft•rr`irl^/iin, i4,,t.rf,i;�;` ' 121 /`yU Essex North County Registry of Deeds 381 Common Street Lawrence, Massachusetts 018.40 05/28/03 JAMES MAHAN KB # 16 Rec- Type PLAN '50.00 DOC. 330445' C. P. 20.00 R. D. 5.00 Copies 1.50 # 17 Rec- Type CERT 50.00 DOC. 30446 C. P. 20.00 R. D. 5.00 f Total 151.50 # i8 Payment Cash 151.50 THANK YOU! Thomas J. Burke Register of Deeds MAYD 2 8 2003 . BOARD.OF APPEALS r RADES; !%i',';' +. Il, -Still 19 'f � 't1 l� 20G1 Jug 2? A 5 D. Robert Nicetta Building Commissioner Town of North Andover -I "° RT "'a Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street '` °+• �''' �y rn° North Andover, Massachusetts 01845 SSAruLlE 0 Any appeal shall be filed Notice of Decision within (20) days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Property at: 39 Adams Avenue Telephone (978) 688-9541 Fax (978) 688-9542 NAME: James Mahan DATE: July 16, 2002 ADDRESS: 39 Adams Avenue PETITION: 2002-033 North Andover, MA 01845 HEARING: 7/9/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, July 9, 2002 at 7:30 PM upon the application of James Mahan, 39 Adams Avenue, North Andover, MA requesting relief of a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for right side setback of an existing porch and left side setback for a proposed garage; and for a Special Permit from Section 9, Paragraph 9.2 for the extension of a pre-existing, non -conforming structure on a pre- existing, non -conforming lot within the R-4 Zoning District. The following members were present: William J. Sullivan, Walter F. Soule, Scott A. Karpinski, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse. Upon a motion made by Walter F. Soule and 2°d by Ellen P. McIntyre, the Board voted to allow the petitioner to WITHDRAW HIS PETITION WITHOUT PREJUDICE, and resubmit for the August 13, 2002 meeting. Voting in favor of the withdrawal: William J. Sullivan, Walter F. Soule, Robert P. Ford, Scott A. Karpinski, and Ellen P. McIntyre. Town of North Andover Decision2002-033 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 D. Robert Nicetta Building Commissioner Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 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 13t' of August, 2002, at 7:30 PM to all parties interested in the appeal of James Mahan, 39 Adams Avenue, North Andover, MA requesting relief of a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for right side setback on an existing porch and left side setback for a proposed garage; and for a Special Permit from Section 9, Paragraph 9.2 for the extension of a pre-existing, non -conforming structure on a pre-existing, non -conforming ,lot to allow for a proposed garage. Said premises affected is property with frontage on the North side of Adams Avenue within the R-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA Monday through Thursday during the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William I Sullivan, Chairman Published in the Eagle Tribune on July 29 & August 5, 2002. Legalnotice 2002-033 W C: V W , -'O, m ZZ C.4 :J p y, a'P m W 0 C A _jZm 0. W Z C' 'L O Cf :S ofa ^ m - m 5 E cy m to m -`a. m c m r: f'1 �'CC �: C' .0..00..-C C .'m 0f'Ot r'w0 _C' d ...p 0O.oF-f00'O. LOUOU� NC'm=Um0C ym�IDCj2 "�'t-omvxcco: .�cc�,c3.. 0°3 a m a do 0CNpn 00 o04,cat=(a ...oiv'rUctl 16�dm;ro.c .:01'NmQ.3Qc, m NC "Ci .0-M� 0i:ycNc �E.0N�2 sN +a,!•OZ'zQr�Q yU Nmm�o(tljLm1 ❑O ONCU.0 m XpOa«���ca«Oond: 1512 'mot�amm ° mp m¢>av o m m m C C ^ O m>Eui Ofl-_ `N anroc a.¢ [n L jf 0o iVQ v E M O N N. m , 7 N 0 lL N M (1� BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 r — Town of North Andover °, jo oT" gtio Office of the Zoning Board of Appeals Community Development and Services Division * i 27 Charles Street'- �9S°jMn° a t� North Andover, Massachusetts 01845 sCHUS D. Robert Nicetta Telephone (978) 688-9541, Fax (978) 688-9542 Building Commissiomr Legal Notice North Andover, Board of Appeals 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 13th of August, 2002, at 7:30 PM to all parties interested in the appeal of James Mahan, 39 Adams Avenue, North Andover, MA requesting relief of a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for right side setback on an existing porch and left side setback for a proposed garage; and for a Special Permit from Section 9, Paragraph 9.2 for the extension of a pre-existing, non -conforming structure on a pre-existing, non -conforming lot to allow for a proposed garage. Said premises affected is property with frontage on the North side of Adams Avenue within the R-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA Monday through Thursday during the hours of 9:00 AM to 2:00 PM. Y By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on July 29 & August 5, 2002. Legalnotice 2002-033 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 J i l.0 l i(;' jl 2OL2 Al 2? A UL D. Robert Nicetta Building Commissioner Town of North Andover 40RT#1 Office of the Zoning Board of Appeals 0? Community Development and Services Division 'f oda 27 Charles Street North Andover, Massachusetts 01845 "SSAo„U Telephone (978) 688-9541 Fax (978) 688-9542 Any appeal shall be filed Notice of Decision within (20) days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Property at: 39 Adams Avenue NAME: James Mahan DATE: July 16, 2002 ADDRESS: 39 Adams Avenue PETITION: 2002-033 North Andover, MA 01845 HEARING: 7/9/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, July 9, 2002 at 7:30 PM upon the application of James Mahan, 39 Adams Avenue, North Andover, MA requesting relief of a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for right side setback of an existing porch and left side setback for a proposed garage; and for a Special Permit from Section 9, Paragraph 9.2 for the extension of a pre-existing, non -conforming structure on a pre- existing, non -conforming lot within the R-4 Zoning District. The following members were present: William J. Sullivan, Walter F. Soule, Scott A. Karpinski, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse. Upon a motion made by Walter F. Soule and 2°d by Ellen P. McIntyre, the Board voted to allow the petitioner to WITHDRAW HIS PETITION WITHOUT PREJUDICE, and resubmit for the August 13, 2002 meeting. Voting in favor of the withdrawal: William J. Sullivan, Walter F. Soule, Robert P. Ford, Scott A. Karpinski, and Ellen P. McIntyre. Town of North Andover Decision2002-033 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ��M > > Date TW A R.... 1.3y ... �LV� , TOWN OF NORTH ANDOVER RECEIPT This certifies that ..r a!IY,.... ?..!...�. .. �.7............... haspaid .#..00.................................................................. for ..< ..1..... 11.(!.°1f?25... Avg, ...... Jj...... ........ Q� Received by ... �.�.:%!���2-�................................................. Department........./. I•................................................................. WHITE: Applicant CANARY: Department PINK: Treasurer �U�� X3_3 n- �y } 9 1�In rah .rc,,,,"�74 6184:, #:... Iti Postage $ 0. � 7 UNIT III:' 0945 CO M Certified Fee 1030 2 V J Return Receipt Fee 75 Postmark E3 (Endorsement Required) Clea:: MWEIPP C3 O Restricted Delivery Fee (Endorsement Required) C3 Total Postage & Fees $ 4.42 07/30/02 ID Sent ToCD� r 1 1 r'� l� Street, Apt. No.; rq or PO Box No. AV . ......................... 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BOVH3AOO 30NvHncjNI ON Is '!!ew puogeuialu! to sse!o Aue jol a!ge!!ene lou s! !e!Al pagpeo a '!ieVq Aluoud ao !!ew ssel0-lsa! j gl!M pau!gwoo aq KINO Aew !!e!nl paWpa0 m :sjapugway lueliodw/ saeaA Oml aol GOINGS !elsod aqi Aq ldq AaaA!!ap to pJooaJ y m AiaA!!ap uodn aanleu6!s y m eoa!dj!ew anoA aol jag!luap! anb!un y m ld!aoaa 6uipw y a :SapinOad Hew PORIP93 ra Ln NOPH AbOl 0 U j ru Postage $ 0 -Sil UNIT,M08-45 6_ CO Certified Fee a �QD 00 M 7 Return Receipt FeePOstmark (Endorsement Required) Here C3 C3 Restricted Delivery Fee C - KGW8PF' r_3 (Endorsement Required) M Total Postage Bi Fees $ 4.42 07/30/02 -0 m E3 Sent To U C r:1 -L Street, Apt. 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PO Box No. ---------- * ---------Iq City, State, ZIP+ 4 act' Y\ LVO VW-10-969ZOL (asianaH) GOOZ luenuep'OOe6 waaj Sd 'Aiinbui ue 6ui4ow uagm 11 juasaid,pue ldiaaaJ S1gi aneS *1N111H0dW) -flew pue o6e;skod g;pM lagei xlge pue qoe;ap 'popoeu;ou sl;diooaj ITH paylpa0 eq; uo MiLw;sod a ;I •buiNjew;sod ao; ao!4o ;sod sq; ;e elo -!pe eq;;ueseid aseeid 'paalsep sl;dlaoaa lleW pei;lpa0 eq; uo miew;sod a 11 e „tiaAllap pa;ou;saa„;uawaSJopua eq; q;Inn aoaldpew aq; Miew ao Nialo aq; aslApy •;ua6e pazuoq;ne s,eassaippe ao aassaippe aq; o; pappIsa.i eq Aew tiaAllap 'eel leuol;lppe ue ao j e -punbei si ;dlaoaa Ileal paglpa0 ano ( uo )laew;sod Sdsn a '3dlaoei uin;ai amolldnp e ao; aanleM aa; a aAlaoaU of •„ pa;sanbea;dlaoeU wn;aa„ eoeldpew asuopu3 *eel eq; janoo o; a6e;sod e1geolldde ppe pue elope aq; of (118£ waoj Sd);dlaoaa uwn;aa a goege pue a;aldwoo aseald 'sowas;dlaoaU wn;ad up1go of •Aanpap ;o;oad aplAwd o; pa;sanbei aq Aew;dpoaa wn;ad a 'eel leuol;!ppe ue joj m 'IpA pejelsl6ab jo peunsul aaplsuoo aseeid 'selgenlen ao3 'I1eW P911PaO g;!m 03olA08d SI 30dd3AOO 3ONvunSN1 ON flew leuol;ewe;ul;o sselo Aur ao} eigellene;ou s! I1eW Pe!j!pe0 m 'I!eW (;uolJd Jo OeW ssel0-isald gllM poulgwoo eq KINO Am IIeW pal;lpa0 m MopMuiad;uepodwl sea ( om; ao} ao!/uaS le;sod eq; Aq ;dal AJOA118P {o pJooaa y m kGAllap uodn ain;eu6is y m aoaldpw ano ( aoj aal;guap! enblun y m ;dlaoaa 6ulllew y m :Sapinoad Ift pa1IIIIJ83 ' Any appeal shall be filed Notice of Decision within (20) days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Property at: 39 Adams Avenue NAME: James Mahan DATE: September 13, 2002 ADDRESS: 39 Adams Avenue PETITION: 2002-033 North Andover, MA 01845 HEARING: 8/13/02 & 9/10/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, September 10, 2002 at 7:30 PM upon the application of James Mahan, 39 Adams Avenue, North Andover, MA requesting relief of a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for right side setback on an existing porch and left side setback for a proposed garage; and for a Special Permit from Section 9, Paragraph 9.2 for the extension of a pre- existing, non -conforming structure on a pre-existing, non -conforming lot to allow for a proposed garage within the R-4 zoning district. The following members were present: William J. Sullivan, Walter F. Soule, John M. Pallone, Scott A. Karpinski, Ellen P. McIntyre, George M Earley, and Joseph D. LaGrasse. Upon a motion made by John M. Pallone and 2nd by Walter F. Soule, the Board voted to GRANT the dimensional Variance for relief from 'Section 7, Paragraph 7.3 .and Table 2 of 3' from the west side setback and P from the east side setback on the condition that the applicant provide a revised plan and mylar indicating the setbacks from the chimney and the covered stairs per Plan of Land 39 Adams Avenue, North Andover, MA prepared for James Mahan by Frank S. Giles II, P.L.S. #41713, Scott L. Giles, Frank S. Giles Surveying, 50 Deermeadow Road, North Andover, MA, 01845, Date: June 4, 2002, Revisions: Sept. 11, 2002. The Board finds 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. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, Ellen P. McIntyre, and George M. Earley. Upon a motion made by John M. Pallone and 2nd by Walter F. Soule, the Board voted to GRANT the Special Permit for relief from Section 9, Paragraph 9.2 for the extension of a pre-existing, non- conforming structure on a pre-existing, non -conforming lot to allow for the proposed garage, per above revised September 11, 2002 Plan of Land. Voting in favor: William J. Sullivan, Walter F. Soule, John M. Pallone, Ellen P. McIntyre, and George M. Earley. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. Town of North Andover Board of Appeals, LA) William J. Sullivan, Chairman Decision2002-033 TOWN OF. NORTHANDOVER ZONING OARD OF APPEALS +.s • r -.^"r 'y `'' rte'- .fit'`_ VARIANCE Procedure` & Requirements For an Ap licath for a Variance Ten (10) copiRif the following information must STEP 6: SCHEDULING OF HEARING AND be submitted thirty 3O days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information Office of the Zoning Board of Appeals schedule The O the applicant for a hearing date and prepares the ley within the time periods prescribed may result in a notice for mailing to the parties in interest (abutters) dismissal by the Zoning Board of an application as for publication in the newspaper. The petitioner is 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 STEP 1: ADMIP The petitioner a a Permit Denial Commissioner. STEP 2: VARIA Petitioner compl Board of Appeal required in item: completed. notified that the legal notice has been prepared and than 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 ;TRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the lego! lies for a Building Permit and receives notice to the local newspaper for publication. rm completed by the Building JCE APPLICATION FORM: tes an application form to petition the for a Variance. All information as 1 through and including 11 shall be 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 tine and date of filing. The remaining ten copies will remn at the office of the Zoning Board of Appeals secret dry. STEP 5: LISTI F PARTIES IN INTEREST: Once the petiti ner submits all of the required information, the -petitioner requests from the Assessors --:- Office a certifre J list of Parties in Interest (abutters). IMPORTAN PHONE NUMBERS: --- 978-688-9541 � Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office 978-688-9545 Building Department JUL 1- 2002 ARD pF 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 usint. the information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision wiii sent to all parties in interest. Any appeal of the Bot. decision may be made pursuant to Massachusetts General Laws ch. 40A sec. 17, within twenty (20) da; after the decision is filed with the Town Clerk. Step 10: RECORDING CERTIFICATE OF DECISIOf' PLANS. - The petitioner is responsible for recording certification the decision and any accompanying plans at the EssE County North Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification Recording form and forward it to the Zoning Board Appeals and the Building Department Office. N C) :24 CD -T- - _ zcun >n�r�� or> rn�x r PAGE 4 OF 4 VARIANCE °' > >, n:�.::.0 v......; ye .,.. ..., r +.:•.... .. ...^:,. .vc .:_av5•- x..•»rA:+.in. 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 C. FEATURES TO BE INDICATED ON PLAN: 10.4 of the North Andover Zoning By -Law all dimensional requirements A. Site Orientation shall include: shall be clearly identified and factually supported and addressing 1. North point each of the following points individually is required with this 2. zoning district (s) application. 3. names of streets 4. wetlands to be shown on plan (f applicable) A. The particular use proposed for the land or structure. 5. abutters of property, within 300 foot radius 6.^ location of buildings on adjacent properties within B. The circumstances relating to soil conditions, shape or 50' from applicants proposed structure topography of such land or structures especially 7. deed restrictions, easements affecting the property for which the variance is sought B. Legend & Graphic Aids: which do not affect generally the zoning district in 1. Proposed features in solid lines & outlined in red which the property_is located. 2• Existing features to be removed in dashed lines C. Facts which make=up the Substantial hardship, 3. Graphic Scales financial or otherwise, wfiich results from literal 4. Date of Plan enforcement of the applicable zoning restrictions with 5. Title of Plan respect to the land or building for which the variance 6. Names/addresses/phone numbers of the is sought. applicant, owner of record, and designer or D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to surveyor. the public goad. _ _1 E. Fads relied upon 10 support a finding that relief sought 10 D. FURTHER REQUIREMENTS: Major Projects shall require that in addition to the above may be given without nullifying or substantially features, plans must show detailed utilities, soils, and derogating from the intent: or purpose of the zoning topographic information. A set of building elevation and bylaw. interior of building plans shall be required when the F. Submit RDA from Conservation Commission when application involves new construction/conversion/ and/or Continuous Buildable Area is applied for in ZBA a proposed change in use. Elevation plans for minor application. projects including decks, sheds, & garages shall be included with a side view depicted on the plot plan, 10. Plan of Land which includes a ground level elevation. Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must 11. APPLICATION FILING FEES be submitted with this application to the Town Cleric's q Notification Fees: Applicant is to send by Office and ZBA secretary at, least thirty (30) days prior to certified mail all legal notices to all abutters, and the public hearing before the Zoning Board of Appeals. then supply proof of mailing to the ZBA secretary.. - Applicant is to supply stamps (appropriate 10 A. Major Projects _ Major are those whictrinvolve one of the following current postage) for mailing of decisions to all projects whether existing or proposed ---a) five or more parking parties in interest as identified in MGLA ch. 40A, sec. 11 as listed on the application. ZBA Secretary spaces, b) three or more dwelling units, and will compute number of stamps. c) 2000 square feet 0-rmoteof building area. Minor that are lesstilian the above limits shall B. Applicant is to supply one (1) set of addressed projects require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail asterisks ("). In some cases further information may be decisions to abutters and parties in interest. C. Administrative fee of $50.00 per application. required " 10 B. Plan Specifications: a) Size of plan: Ten (10) copies of a plan not to exceed A Variance once granted by the ZBA will lapse in 11"x17", preferred scale of 1"=40'. one () year if not exercised and a new petition must 1 b) Plan prepared by a Registered Professional Engineer be submitted. and/or Land Surveyor, with a block for five (5) ZBA signatures and dale indicated on mylar. Page 2 of 4 Application for a VARIANCE ;C'x "'h '*�"` � ✓ � la z�u r S a:`e"`. a i^i �' `3 -Z �, .^' `_.� "' 3 � .h'4.5__J(d W. ^'i �.- 7, .'��"+sLs..�..'!,, -1 '° �;�-r ��+ �'s q'yi Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: E JJ�M�� M A�-IAN 9 A>KMS AVa-W a ANuoVefZ , M A . ote4-!-i) C baa -6 s5C?_ —The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership- - AME -15 MAWA44 39 ADAM5 AVS- 41, 3. Location of Property: a. Street: `,q ADAMS VE,- Zoning District b. Assessors: Map number- 4�Lot Number: ( 8 c. Registry of Deeds: Book Number 59 1'3 Page Number: 4. Zoning Sections under which the petition for the Variance is made. T 'Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request S oe ST_ --(BASK or- �'C�-.� - �'Ra�oSSa ADHD ITIO til ` 'The above desbription 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 by the applicant to clearly describe the request 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 aciditionai items not included above. 6a, . Difference from Zoning By -Law requirements: 11idicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot split) 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 A. % B. % wo Page 3 of 4 6. b. Existin,Tit Lot: Lot Area Open ace Sq. Ft Sq. `PM lication for a VARIANCE Zoning Board- of Appeals Percent Lot Frontage Parking . ' Minimum Lot set Back • Coverage Feet Spaces Front Side A Side B Rear 14 % 1 acs 2, 33-28 3e c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Side B % loo a 1'S 39 d. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces IoL 500l.I• M•p► % 100 7. a. Existin Buildings: ' Minimum Lot set Back' Front Side A Side B Rear 3 JgL 1'S 39 ' Minimum Lot set Back' Front Side A Side B Rear ! 5 1'S 39 Ground Floor umber of Total Use of Square feet Floors Sq. feet Building' 388 l 13PS RES►DIJT11�1.. k 'Reference Uses from the Zoning By -Law. State number of units in building. -b. Proposed Buildings: Ground Floor umber of Total Use of Square feet Floors Sq. feet Building' 41S<o I t lgs(o CxA�R� 'Reference Uses fron the Zoning By -Law. State number of units in building. 8. Petitionersand Landowner signature (s): Every application for a Variance shall be made on this form which Is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerks Office. it shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received b the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all a rases for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may resu in a dismissal by the Zoning Board of this application as incomplete. above name (s) here 0 Town of North Andover °� 00RT{r , 6 Office of the Zoning Board of Appeals o= °`'� 0 Community Development and Services Division }= e 27 Charles Street t ,' , °4. rxp , North Andover, Massachusetts 01845 CHUSEt D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Date 3 TO: Town of North Andover g o Zoning Board of Appeals x, o ---i -< _ 27 Charles Street c ��"�' z North Andover MA 01845 z � � M r D mac. C)rnCDrn CD;QtnC; M 77. X Please be advised that I have agreed to waive the time constraints for the LSning Board of appeals to make a decision regarding the granting of a Variance and /or Special Permit; or Finding for property located at: STREET: t1 l A d,? m S TOWN: 0,0 T 4 Nlyp-C MEETING DATE(S): /i2 � 0a:: NAME OF PETITIONER: -Tp e5 )M cJAa R Signed: Petitioner (or petitioner's rep sen a Ive) WAIVER pLC�COdE LBOA�R F APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688- AUG 3 BOARD OF APPEALS D. Robert Nicetta Building Commissioner Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Legal Notice North Andover, Board of Appeals f NGRTh � p thio �• 'gyp �1 s�ceus � Telephone (978) 688-9541 Fax(978)688-9542 Ngf ice is �pFoj y giyon that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, 111th�qqver, MA, on Tuesday the 13a' of August, 2002, at 7:30 PM to all parties interested in the appeal of �� g1�R,9 Adams Avenue, North Andover, MA requesting relief of a dimensional Variance from Section �1#l�r� F.3 and Table 2 for right side setback on an existing porch and left side setback for a proposed a} ��e, fpr a Special Permit from Section 9, Paragraph 9.2 for the extension of apre-existing, non -conforming strure on apre-existing, non -conforming lot to allow for a proposed garage. did premises affected is property with frontage on the North side of Adams Avenue within the R-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA Monday through Thursday during 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 July 29 & August 5, 2002. Legalnotice 2002-033 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Legal Notice North Andover, Board of Appeals 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 1P of August, 2002, at 7:30 PM to all parties interested in the appeal of James Mahan, 39 Adams Avenue, North Andover, MA requesting relief of a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for right side setback on an existing porch and left side setback for a proposed garage; and for a Special Permit from Section 9, Paragraph 9.2 for the extension of a pre-existing, non -conforming structure on a pre-existing, non -conforming lot to allow for a proposed garage. Said premises affected is property with frontage on the North side of Adams Avenue within the R-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA Monday through Thursday during 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 July 29 & August 5, 2002. Legalnotice 2002-033 t kORTN ' 9 ^,�•"� x It�ctivED j J TOWN CL D R HA'W SAcNuse ► NORTH ANDOVER NORTH ANDOVER OFFICE OF ZOR JUL I I A 9: 42 THE ZON1G BOARD OF APPEAL, 27 CHARLES STREET NORTH ANDOVER, MASSACHUSET T S 018,, FAA (978) (583-9-541 TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978.-688-9542 Please be advised that I wish to withdraw my petition without preiudice from the Zoning Board of Appeals agenda for property located at: STREET: . TOWN: NAME OF PETITIONER: WE Signed: pe itioner (or �ne_ �rapr.,.=,tnt ml/variance JULD 1 1 2002 BOARD OF APPEALS BO 12D OF A_PPE!S 633-95=i KILDDiCS dS3-95. 5 CONSERV.zTION 62S -?5'0 F�.`LTn had -95 t!J PLw1T.G 6;°-,>53 HORT1y % Y SS-ACHUSCt NORTH ANDOVER OFFICE OF THE ZONING BOARD OF APPEALS 27 CHARLES STREET NORTH ANDOVER, & ASSAC; USET1 S 0 j 84 TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978.-688-9542 RECEI'-/ED �'YCE BRADSNAVi TOYJN CLERK NORTH ANDOVER 2002 JUL I I A 9: 4 3 FA% (978) 683-9542 Date: Please be advised that I wish to withdraw my petition without prejudice from the Zoning Board of Appeals agenda for.property located at: TOWN: NAME OF PETITIONEI. Signed- ner (or petitioner's mNariance JUL 1 12002 U BOARD OF APPEALS BULDI�iGS nS3-9.15 CONSERV.-%TION' 02°-9530 E.=iT'r. ti33-)510 PL1_V1'i; G SSS -953: c t HORT�y 1 p y0 L. A SS^r_HUSeo NORTH ANDOVER OFFICE OF THE ZONPi iG BOARD OF APPEAL- 37 CHARLES SiREE7 NORi':- ^ANDOVER, MASSAC USET7S 01S-5 FAQ; (97;3) 683-9542 Date: TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978.-688-9542 Please be advised that I wish to withdraw my petition without prejudice from the Zoning Board of Appeals agenda for property located at. - TOWN: NAME OF PETITIONER: Signed: ml/variance BO -RD OF i PE?iS 553-9'=( BCiLDT�,iGS oSS-9.15 CONSEw.ATiON oa-9530 FF, -`-LTH 533 -?510 PL.'_M,,ZNC 6SS-9935 13 Hor+rH 1 JOYCE BRADStiAVi S�cHuse J'OVIN CLERK NORTH A4DOVER NORTH ANDOVER OFFICE OF 2002 JUL I I A q: 4 2 THE ZONING BOARD OF APPEAL' 27 CHARLES STREET NORTH A. ,MOVER, IvL4,SSACHUSET 1S 018Yi FAX (973) 683-9c4, Date: TO- Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978.-688-9542 Please be advised that I wish to withdraw my petition without Preiudice from the Zoning Board of Appeals agenda for property located at: STREET: TOWN: NAME OF PETITIONER- . Signed: , pe itioner (or petitioner's representativ mUvanance °0P1Z7 U! 3P£�iS ti33-9`=' KL LDTNGS oS3-9:15 CONScRV.-'Tjo v" 62s_9530 F_E `.LTH 633-9540 PL ANN NG 6&'V)53; � pOR71{ A Zoning Bylaw Denial Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 sA`"°SE Phone 978,-688-9545 Fax 978-688-9542 o(iz I G (A ( -Po T� *40:' ou •e v v, v e ►�' ...Street:. 3 Map/Lot: 1116- t; Applicant: Notes Request: 1 tn' 02 8, 5 - Date: Date: F Please be advised that atter review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning 1::,' - Remedy for the above is checked below Item # Special Permits Planning Board Item Notes C 3 Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient Independent Elderly Housing Special Permit 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting e S 2 Frontage Complies N 3 Lot Area Complies . 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Com lies 4 Special Permit Required H e S 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies y g 3 Left Side Insufficient E S 3 Preexisting Height 4 Right Side Insufficient eS 4 Insufficient Information 5 Rear Insufficient I Building Coverage N A 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed g 4 Insufficient Information 2 In Watershed d Sign N�A 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information ,E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district er S 2 Parking Complies e S 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit C 3 Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use.ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar T Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit — Special Permit preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new building permit application form and begin the permitting process. riding Department Official Signature ./) 1 0/ // —/6 - O/ Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial' for the applicationt permit for the property indicated on the reverse side: Referred To: Fire C M .. ty VIM S ;-4(6// A -)OI ,VO4) CC) A-' e)1 W (,v . q Y I PVC-/UOf A-9 U 4,A MIUe � 04- Police Zonin I Board C Conservation Department of Public Works 3,1# A Cle- (5 e �IJA C Other BUILDING DEPT 4 LA r, j 3 w c e-. oro 4 e ti CQ Staf- UAP121A?Ce-� Referred To: Fire Health Police Zonin I Board C Conservation Department of Public Works Planninq Historical Commission Other BUILDING DEPT Town of North Andover. Zoninp, Board of A eels Parties of Interest/ Abutters Lison REQUIREMENT! MGL 40A, Section 11 states in part "Parties In Interest as used in this cha ter shall mean the petitioner, abutters, owners of land directlyopposite on an p or way, and abutters to abutters within three hundred (3 0) feet of the property line of thete street petitioner as they appear on the most recent applicable 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 dSG, 18 JAMES MAHAN 39 ADAMS AVE. NORTH ANDOVER, MA 01845 ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS ,- 45B 45B 7 10 DARRYL MESSIER DANIEL STROM 14 MARTIN AVE. NORTH ANDOVER, MA.01845 45B 1 FREDRICK DODGE 35 ADAMS AVE. 27'ADAMS NORTH.ANDOVER, MA 0184.5 45B 12 MATTHEW GOODROW AVE. NORTH ANDOVER, MA 01845. 23 ADAMS AVE. 45B 16 ERIC KFOURY NORTH 6 MARTIN AVE. ANDOVER, MA 01895 45B 45B 14 RICHARD RINGDAHL 543 MASS. AVE. NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 45B 13 8 WILLIAM NILAND BRUCE.ROUND 547 MASS. AVE. NORTH ANDOVER, MA 01845 45B 6 ROBERT PERKINS 30 ADAMS AVE. 16 ADAMS AVE. NORTH ANDOVER, MA 01845 45B 6 DAVID CONROY 18 ADAMS.AVE. NORTH ANDOVER, MA 01845 45B 5 GLORIA MIELE 10 ADAMS AVE. NORTH ANDOVER, MA 01845 45C 45C 13 STEPHEN HEIMLICH 85 AUTRAN AVE. NORTH ANDOVER, MA 01845 ANDOVER, MA 01395 45C 13 12 LYNNE HUDSONORTH DAVID LIVINGSTON 39 AVE.VE NORTH ANDOVER, MA 01845 45C 10 ROCCO DIFRUSCIO UNITY 63 AUTRAN AVE. DOVER01895018.4'S . 45C 9 CHARLES REGAN 57 AUTRAN AVE. NORTHNANDOVERORTH 95C 8 WILLIAM GOLAN 51 AUTRAN AVE. NORTH ANDOVER, MA 01845 45C 6 PAUL BURKE 39/37 AUTRAN AVE. NORTH ANDOVER, MA 01845 45D 45D 1 TODD SALVAGIN 89 AUTRAN AVE. NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 45D 1 2 NIKOLAYI NEMCHUK EDWARD ANTONELLI 91 AUTRAN AVE. NORTH ANDOVER, MA 01895 95G, 21 BILODEAU REALTY TRUST 93 AUTRAN AVE. 71 ADAMS AVE. NORTH ANDOVER, MA 01845 95G 20 BILODEAU REALTY TRUST 0 MARTIN AVE., NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 .45G 45G 41 37 H.R. & R. REALTY TRUST 59 ADAMS AVE. NORTH ANDOVER, MA 01845 45G 37 LOUIS PAPPALARDO LEMOINE NOMINEE TRUST 40 MARTIN AVE. 42 MARTIN AVE. NORTH ANDOVER, MA 01845 .45G 95G 12 WING-WAH MAK 33 MARTIN AVE. NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01895 45G 11 9 ALFIO FERRARO 25 MARTIN AVE. NORTH ANDOVER, MA 01845 45G 6 RAYMOND MARTINEAU WILLIAM DOLAN 16 BACON AVE. NORTH ANDOVER, MA 01845 45G 55 GABRIEL DIFILLIPO 6 BACON AVE. 30 MARTIN AVE. NORTH ANDOVER, MA 01845 45G 19 DEBRA LONG 51 ADAMS AVE. NORTH ANDOVER, MA 01845 45G 17 •GABRIEL DIFILLIPO 0 MARTIN AVE. NORTH ANDOVER, MA 01845 95G 33 PATRICIA ANN MANOS 52 ADAMS AVE. NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 45G 34 SEAN BURKE 38 ADAMS AVE. NORTH ANDOVER, MA 01845 THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED OFFICE BY:. BY THE ASSESSORS DATE: I: SIGNATURE PAGE: !� OF JEANNE FOGARTY ASSESSOR Typed Name and Title Page_1_ of _1_ Wiffe b p of .. �Y Y 50 DEERMEADOW ROAD NORTH ANDOVER, MA 01845 E-MAIL FrankGilesSurvey@Laediaone.net TEL. (978) 683-2645 (978) 683-3924 SURVEYING LAND PLANNING CONSULTING MAY 15, 2002 To: NORTH ANDOVER ZONING BOARD OF APPEALS From: FRANK S. GILES, P.L.S. RE: VARIANCE APPLICATION from MGLA ch. 40A Sec. 10 Sect. 7 Table II (C 3&4 ) Site: 39 ADAMS AVENUE This document is to address a requirement WRITTEN DOCUMENTATION of Section on page 4 of 4 on the Variance application. A. The particular use is existing as a Single Family Residential and remains as such. B. The soil conditions, topography shall not be altered or affected. C. The hardship is a pre-existing non conforming situation and with a growing family needing more room to function properly. D. The proposed addition will be small and consistent with conditions in the immediate area. E. The zoning is meant to protect the public health, safety conditions, traffic overcrowding conditions do not derogate the purpose. This allows the family to maintain a level of housing for the level of income . F. There are no wetlands on this property or within any jurisdictional distance to warrant a RDA. Please call me for any questions you may have in this matter. Thank you Frank S. Giles, P.L.S. L Page 3 of 4 6. b. Existin Lot: Lot Area Open S ace Percent Lot Sq. Ft: Sq. t: Coverage Application for a VARIANCE Zoning Board, of Appeals Frontage Parking . ' Minimum Lot set Back' Feet Spaces Front Side A Side B Rear 10 006 x,61 �, 14 % 1 aUl� 39.5 c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking ' Minimum Lot set Back' Sq. R. Sq.' Ft. Coverage Feet Spaces Front Side A Side B Rear tom $l�a % 100 a � . 3�.� d. 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 19L500 K -A % too 30 1s ?zcs 7. a. Existins Buildings: Ground Floor flumber of Total Use of Square feet Floors Sq. feet Building' 3$8 1 13� R>✓S1D�IJT11��. 'Reference Uses from the Zoning By -Law. State number of units in building. -b. Proposed Buildings: Ground Floor f lumber of Total Use of Square feet Floors Sq. feet Building' "RAGS 'Reference Uses fron the Zoning By -Law. State number of units in building. 8. Petitioner,and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. K shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received b the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all a rises for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may resu in a dismissal by the Zoning Board of this application as incomplete. Page 2 of 4 Application for a VARIAN C E e->.•g�„".'�.".�'�""""",'s4"..P."'a � r3's"�i'� "yy'�'"', � u��ro* ,�. ��',.�r�-.,x,�^+g� ln,.�`d';�^'Raa"�r,�,.;.��n;,�""•"�,"'c"r�.A +.�.?.+�."-��� i�."'R -�`' � -� ,a� °:. •y R -a �,, e 'Y .,a, �,k �. � �•,�a ,,,c'i a> ti ,exi { � .x s .�.� _.* �+, �..fir�,$'�,„v l� fi=; Ta K �..b,� ... ..rrw, r �.i�-�»•-,.cw.^'�Rz.� a�x s:'%.�,.�._:.:.s"h,.��� ����k.�:,.::e:.ay.�'..,"�,:*.a�an�:�:.-,4i.?s'�".c'�.5��.�.,,'�.�.T��.'�a..�.��a�f' �:.,.»aim.�a$^.,'ss�+iu'"a"�"c�...���v..`��k"�s��. ^=:r.-�:�.��'��9 Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: 39 ADAMS AV�___NUa NnoV —The petitioner shall be entered on the as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: MA dl�4 Years Owned Land: A=E2 yPQ r'S baa -6 5 'V. - - 4 3. Location of Property: a. Street: *_ _2)q ADAMS AVF- Zoning District b. Assessors: Map number415!Gr Lot Number: 19 c. Registry of Deeds: Book Number 59 tg Page Number: 330 4. Zoning Sections under which the petition for the Variance is made. 7. 'Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner 5- Describe the Variance request S rye SZ_-TP,1r_,K �� 3�C�+� - FRS?0 A DE) L til Rte- WT SkDT-,- SETRAcG� OV- 1`(++i -�(tS IKA& PORCAtA 'T -he above desEriptlon 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 by the applicant to clearly describe the request may result In a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not Involve additional items not included above. 6a, _ Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot split) L.ot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back' :Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear oda B % PAGE 4 OF 4 9. WRITTEN DOCUMENTATION Application for a variance must be supported by a legibly written or typed memorandum setting forthin 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. 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 makemp the substantial hardship, financial or othervAse,'whiibh 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 propose Via) 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 tthan 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 Cif 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. Namesladdresses/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. 1.1 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. TOWN 00 NORTH°ANDOVER ZONING OARD OF APPEALS Procedure & Requirements For an Ap licatid for a Variance Ten (10) copies of the following information must be submitted thirty CUO 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 Pt. meant to supersede them. Items that STEP 1: ADMIP The petitioner a a Permit Denial Commissioner. RATOR PERMIT DENIAL: ;s for a Building Permit and receives n completed by the Building STEP 2: VARI CE APPLICATION FORM: Petitioner comp) tes an application form to petition the Board of Appeals for a Variance. All information as required in itemE 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. VARIANCE 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 secret dry. STEP 5: LIST RF PARTIES IN INTEREST: Once the petitic ner submits all of the required = information, the petitioner requests from the Assessors-- - Office a certifie I list of Parties in Interest (abutters). STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedule the applicant for a hearing date and prepares the lea notice for mailing to the parties in interest (abutters) 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 usinc the information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision wi'.i sent to all parties in interest. Any appeal of the Boa, decision may be made pursuant to Massachusetts General Laws ch. 40A sec. 17, within twenty (20) da; after the decision is filed with the Town Clerk. Step 10: RECORDING CERTIFICATE OF DECISIOI' PLANS. The petitioner is responsible for recording certification the decision and any accompanying plans at the Ess= County North Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification Recording form and forward it to the Zoning Board r Appeals and the Building Department Office. IMPORTAN PHONE NUMBERS: ,2� 978-688-9541 Zoning Board of Appeals Office o 978-688-9501 Town Clerk's Officec, M o 978-688-9545 i Building Department D �V <_� JUL X 2002 -� BOARD 'OF APPEALS � - -- TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS .� ♦ ��, �s � ,. CC �..�.....a „z»,..,..... .,✓sza� sa .. .�.-� �.� ..z., ,..se.r.3F�'4�m`r �rxw��<, 4'`..w',wR,, sx�ssa..,fsr_d, �6'avk�:��..';.�>:tce,�..raxi:, waa ,x..x� ♦ � ► Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing. Failure to. submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more speck 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 Perrnit 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). 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. - �`s%g. IMPORTANT PHONE NUMBERS: =r v< D c3Morn CD --0 978-688-9541 Zoning Board of Appeals Office m s 978-688-9501 Town Clerk's Office F 978-688-9545 Building Department c SEC TOWE UN 13 2002 D BOARD OF APPEALS PAGE 4 OF 4 VARIANCE 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. 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. 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. Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: a N oRT ANnoVef� , M 0 IS4r C The petitioner shall be entered on the legal notice and the decisin as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: S 3 D AVS• �-5 �c �1nR-rA AWT)Q vIEP,, MA d1�4 �a? �� �a5• Years Owned Land. _ A=E2 en rs 3. Location of Property: a. Street: '�q ADAMS U�- Zoning District }� b. Assessors: Map number_Lot Number: .19 c. Registry of Deeds: Book Number 59 tg Page Number:_ 3 4 4. Zoning Sections under which the petition for the Variance is made. &,--T In W IT - TAPRL.E a �'-r> *Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request St TYo t`1. K1�-,u�SET f2- I o� 1`(f0 -EX 5 t1� PCRc�j The above des ription shall be used for the purpose of the legal notice and decision. A moredetailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to dearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot split) 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 A. B. I % 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 1D,DOd ��61 t4 �� tad 39.5 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 k3 00 (56 I S % 100 a 33- Q 14- 39.5 d. 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 t a�.500 K -A % too 'o 15 15 29 7. a. Existing Buildings: Ground Floor Number of Total Use of �Sgq`j�uarre /feet Floors Sq. feet Building* y*v30 'Reference Uses from the Zoning By -Law. State number of units in building. -b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building" 4S6 1 4-15GARA6r= *Reference Uses from the Zoning By -Law. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerks Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Type above name (s) here 3 Ame-1 MAY 15, 2002 To; NORTH ANDOVER ZONING BOARD OF APPEALS From: FRANK S. GILES, P.L.S. RE: VARIANCE APPLICATION from MGLA ch. 40A Sec. 10 Sect. 7 Table II (C 3&4 ) Site: 39 ADAMS AVENUE This document is to address a requirement WRITTEN DOCUMENTATION of Section on page 4 of 4 on the Variance application. A. The particular use is existing as a Single Family Residential and remains as such. B. The soil conditions, topography shall not be altered or affected. C. The hardship is a pre-existing non conforming situation and with a growing family needing more room to function properly. D. The proposed addition will be small and consistent with conditions in the immediate area. E. The zoning is meant to protect the public health, safety conditions, traffic overcrowding conditions do not derogate the purpose. This allows the family to maintain a level of housing for the level of income . F. There are no wetlands on this property or within any jurisdictional distance to warrant a RDA. Please call me for any questions you may have in this matter. Thank you Frank S. Giles, P.L.S. p. G E,(y�'. PLS gypgOTT S ,g..tff Vis' `v P L FRINIK 50 DEERMEADOW ROAD NORTH ANDOVER, MA 01845 E-MAIL FrankGilesSurveymediaone.net TEL. (978) 683-2645 (978) 683-3924 SURVEYING LAND PLANNING CONSULTING MAY 15, 2002 To; NORTH ANDOVER ZONING BOARD OF APPEALS From: FRANK S. GILES, P.L.S. RE: VARIANCE APPLICATION from MGLA ch. 40A Sec. 10 Sect. 7 Table II (C 3&4 ) Site: 39 ADAMS AVENUE This document is to address a requirement WRITTEN DOCUMENTATION of Section on page 4 of 4 on the Variance application. A. The particular use is existing as a Single Family Residential and remains as such. B. The soil conditions, topography shall not be altered or affected. C. The hardship is a pre-existing non conforming situation and with a growing family needing more room to function properly. D. The proposed addition will be small and consistent with conditions in the immediate area. E. The zoning is meant to protect the public health, safety conditions, traffic overcrowding conditions do not derogate the purpose. This allows the family to maintain a level of housing for the level of income . F. There are no wetlands on this property or within any jurisdictional distance to warrant a RDA. Please call me for any questions you may have in this matter. Thank you Frank S. Giles, P.L.S. µORTH "'° �`• "° Zoning Bylaw Denial Town Of North Andover Building Department 27 Charles St. North Andover MA. 01845 4asAGNUSES Phone 978-688-9545 Fax 978-688-9542 Qi; I G tn9 r� ( 4 a1 tAe-' vu - u %P % e Y— street: _ 3 5 ... .. ...a.,). S .. v ... ........_ ... _.. Map/Lot: 4/6- G Applicant: 4'a M e 'S j�Yl ,�>a A—.; _ Request: Lot Area Date: F rilease ue aavrsea that aner review of your Application and Plans that your Application is DENIED for the following_ Zoning Bylaw reasons: Zoninq TZ - M Remedy for the above is checked below Item # Special Permits Planning Board Item Notes C-3 Setback Variance Item Notes A Lot Area Common Drive -way Special Permit F Frontage Variance for Sign 1 Lot area Insufficient Independent Elderly Housing Special Permit 1 Frontage Insufficient Earth Removal Special. Permit ZBA 2 Let .Area Preexisting e - S 2 Frontage Complies Special Permit preexisting nonconforming 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B use 5 No access over Frontage 1 Allowed G Contiguous Building Area iL A 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required y e g 3 Preexisting CBA 5 Insufficient information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies :{ g 3 Left Side Insufficient '14 e'S 3 Preexisting Height 4 Right Side Insufficient eS 4 Insufficient Information 5 Rear Insufficient l Building Coverage N A 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed e g 4 Insufficient Information 2 In Watershed j Sign NhN. 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district Li e. S 2 Parking Complies e S 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit C-3 Setback Variance Access other than -Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Drive -way Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Lar a Estate Condo Special Permit Earth Removal Special. Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special Permit preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must file a new building permit application form and begin the permitting process. ji6ilding Department official Signature /% 01 //—/6 —O/ Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: C ._ Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: Referred To: Fire d lt:«. �. sP cam:. i •-s 4V t'�..f C�k �/R'. ��T��' Police / 4.dej /Vow -r-C) 49A 49 f,.q JP, C ueC^ ©..L) Conservation De artment of Public Works PlanningHistorical Commission -3,1-11 U d ; /1-A-� c e s fb R, R,4te- jA.,' T i1, 2 M- CA 3' U A r` 11 ro C e: Referred To: Fire Health Police Zoning Board Conservation De artment of Public Works PlanningHistorical Commission Other BUILDING DEPT Page 2of4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: A is AvU-1-N U a ( * t .. �—r t 1 d t. i T_)n\rr—V c��, M At . VJ I��Y� -n -G r -5p - `The petitioner shall be enterea on me royal 11-- 2. 1— c2. Owners of Land: Name, Address and Telephone number and number of �t years under this ownership: 3 p vii• 45 N ave MA 6 111 Q -�0,Q) Years Owned Land: A~2 uPA fs 3. Location of Property: R a. Street: D M5 �• Zoning District b. Assessors: Map number 15 Lot Number: l8 c. Registry of Deeds: Book Number 9 F- Page Number: 4. Zoning Sections under which the petition for the Variance is made. *Refer to the Penult Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner 6. Describe the Variance request _ SID ,K `The above des ription shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the ab Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to dearly describe the request may result in a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional Items not included above. 6a, Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot split) Minimum Lot set Back Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A % B. % --� 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. The particular use proposed for the land or structure. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the variance is sought which do not affect generally the zoning district in which the property is located. C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to' the public good. E. Facts relied upon to supporta finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the zoning bylaw. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application. 10. Plan of Land Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of Appeals. 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. TOWN OF NORTH ANDOVER ZONING BOARD pF APPEALS Y ....__ Procedure & Requirements For an Application for a Variance Ten 00) copies of the followinginfo be submitted thirty 30 days information must hearing. Failure to submit the required irior to the nformation within the time periods prescribed ation dismissal by the Zoning Board of an a result in a incom tete, application ac The information herein is an abstract of requirements listed in the Zonin more specific Regulations and is g Board Rules and are underlined not meant to supersede them. itemst will be com leted by tha r..,.— STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Pe a Permit Denial form completed b g rmh and receives Commissioner. Y the Building STEP 2: VARIANCE APPLICATION FORM. Petitioner completes an application form to Petition the required in items 1 through andiVariance. All information as completed. 9h and including 11 shall be 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 submitsone (1) original of all the required information and 10 xerox copies to the ZBA Secretary. The original will be certifying the time and date ostamped f filingthe Town Clerk copies will remain at the office of the The Board ten Appeals secretary, g Board of STEP 5: LIST OF PARTIES IN INT Once the T. petitioner submits all of the required information, the petitioner Office a certified list tOf oPart in Interest t e Assessors (abutters). IMPORTANT PHONE NUMBERS: 978-888-9541 Zoning Board of Appeals Office 978-888-9501 Town Clerk's Office 978-688-9545 Building Department X11111 JUN 13 2002 D BOARD OF APPEALS 11a R/ANCE VARIANCE _ej tt ip `1C „IKEt.! i STEP 6: SCHEDULING OF HEARING qNp . PREPgRgTtON OF LEGAL NOTICE: The Office of the Zoning Boarcl of A the applicant fora hearing Appeals schedules notice for mailing to the a date and prepares the legal for publication in the newspaper. in interest (abutters) and notified that the le paper. The petitioner is cost of the P gal notice has been prepared and the Party in Interest fee. J 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 any appearance without due cause onbehalf of the a of petitioner, the Board shall decide on the matter by using the information it has otherwise received. STEP 9: DECISION: After the hean� ng py of the Board's decision will be sent to all parties in interest. Any appeal of the Boards dGeneral ecision may be made pursuant to Massachusetts after the decision s on is� ed with the A sec. 17 n went y (20) days 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 forward it to the Zoning Recording form and Appeals and the Building Department Office. Board of led with ti o ules and ti X c:) ar DC C:> rn�a 0 TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS �& sx �'.e ,f ' �-� �+ � f s 4' atae�"'v.3i - 3�- t n str .� �' +a .: •r w- ',.. r � t �.. tc 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 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 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). 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 attomey. 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. N P C c :: cj w >nwrn �� r-- D -< rnDm �Xzo M .F 3? r 0 I IMPORTANT PHONE NUMBERS: 978-688-9501 Town Clerk's Office ��N 13 2002 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office BOARD OF APPEALS PAGE 4 OF 4 Application for a SPECIAL PERMIT 'R17 ++;. 9. 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. This is required in the case of a Special Permit when the following points, based on MGLA ch. 40A, sec. 9 of the North Andover Zoning By -Law and P 9.2 Special Permit Granting Authority shall be clearly identified and factually supported: Addressing each of the below points individually is required 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 the zoning by-law. 6, 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). 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 of building area. Minor projects that are less than the above limits shall require only the plan information as indicated with 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 on mylar. 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 and 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 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. 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 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 era plication. A Special Permit once granted by the ZBA will lapse in two (2) years if not exercised and a new petition must be submitted. PAGE 2 OF 4 Date & Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS i°�zt�u�rtsus...nnz--�`..,..>s.�,,�^ �...... 'v'.....�. .evmvae.v •vrs.vss x.vxa ss u �'. x � .si � a a -•e.mve..rxmv�n.emz:vssvxrss.z.."°m�..`.�"`uw�.�ssuxx �A"xss...mx ssv. rvvss .....«.......—.._� b....taaTo�vm......«ei?k�4.£€t.�.�vx:.•»'-*�w..._N..n;!':.:,vat!"vE`.�!—_.:...a:.......i.�"3Y:..' .�. -ss s.__C°'a.��___�_'�:....�_ _•_�__?45E..."u��.'_.._..�.. .��� , �.E.�.T, Name,1. Petitioner: address telephone "The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: 3. Location of Property: a. Street: 39 ADM5 AVS- Zoning District Rei b. Assessors: Map number 45_Lot Number: I c. Registry of Deeds: Book Number Page Number: 4. By -Law Sections under which the petition for the Special Permit is made. St✓CT l� hl, � *Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner. S. Describe the Special Permit request: EtTeLislot'l or A PRE-U-'xIST19G Nott-C6Wr6KMttjG, STRUCTUR5 ON k PRE e\LLsTWG K16m C6VzV;0K1,41t.1!, LOT. '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. Page 3 of 4 Application for a SPECIAL PERMIT ,� +;•� �mt°.^un-.'. y,v' �^a �r t'�" 9�+ ?F" "�'".. a-��e^-r'� ^� �r �« , ^t��sawcM1"""�e zp� ; r n � .a�* �cr^ ...,ra.. `���. NORTH ANDOVER ZONING BOARD OF APPEALS 6.a 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 0 000 �61 1:�6 % 100 6 _�A �15 o� b. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces ia�DOlJ 5�1 l� % c. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces ki-A. �4 % 166 7. a. Existing Buildings: * Minimum Lot set Back" Front Side A Side B Rear. 33 ia- 14 39.5 * Minimum Lot set Back " Front Side A Side B Rear '"50 j5— 15 2Q Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building` of Units 3�� t DG61-T1A t "Reference Use Code numbers and Uses from the Zoning By -Law. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building` of Units 'Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. 8. 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 filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. _ Type above name (s) here A M M A9jNW _ Y'COT f .'f f T"Cf C Y '9 f P LSe 50 UEEItMEADOW ROAD NORTH ANDOVER, MA 01845 E-MAIL FrankGilesS!u-ve mediaGiie.ri2i TEL. (978) 683-2645 (978) 683 3924 SURVEYING LAND PLANNING CONSULTING MAY 30, 2002 To: NORTH ANDOVER ZONING BOARD OF APPEALS From: FRANK S. GILES, F.L.S. RE: SPECIAL PERMIT APPLICAT11013 from 1VIGLA ch. 40A B-4 SEC 1. 9 Site: 39 ADAMS AVE This document is to address a requirement WRITTEN DOCUMENTATION of Section on page 4 of 4 on the Special Permit application. 1. The particular use is existing as a Single Family Residential and remains as such. 2. The use nor conditions shall change; however, the strutciure is being increased by an amount consistent with the Other structures in the area. 3. The abutters may voice whether a nuisance as the addition being built may not meet their approval. The vehicles and pedestrians are in no proximate area to this structure and therefore are of no hazardous condition. 4. The facilities are not a necessary concern with this proposed addition. 5. The use is to remain the same and is in harmony with the purpose and intent of the zoning bylaw. 6. The criteria for this Special Permit being requested for the extension of a non conforming structure is basing our appeal on a hardship of existing conditions on a financial situation of not being able to purchase a larger house for a growing family. Please call me for any questions you may have in this matter. Thank you Frank S. Giles, P.L.S. C.— Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application permit for the property indicated on the reverse side: "%7 y / I � .>.1fi B • t�.. i 2 4. 5 K W MAISMOMI -S -e c ! cScc g� a a due � � Teti /I1UrV�Cvn� ruyr�ti Jt � O0 -t -)s ht-. Dk rV-%ts4A, U A20,IV UivAApn��c �0 Department of Public Works Historical Commission O Other Othern BUILDING DEPT -r4 62 a 1z (A-0 c �e s �- Ir./e s�.0✓tc/� ®ry 641 A-14 • ID/'c C 3' UAnIa�Ce ori ked-{- �t�e �ticQ d UAr1,1Cia- Referred To: Fire Health Police Zoning Board Conservation Department of Public Works Historical Commission O Other Othern BUILDING DEPT � NOHrry 1 °`°t"° °`• "° Zoning Bylaw Denial Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 s�CHU56 phone 978-488-9545 Fax 978-688-9542 )RIGtn0r�' ( -3=0 Q— t-�e7 4,u -e c,;, c7 V e v— .,...Street:. .3 .... ., �.,�. S . . � v �... ... ..... .. _.. _... Map/Lot: y6- G/ Applicant: Notes Request: Lot Area Date: �1-16 —2-5 / Please be advised that after review of your Application and Plans that your Application is DENIED for the following. Zoning Bylaw reasons: Zoning Remedy for the above is checked below. Item # Special Permits Planning Board Item Notes C 3 Setback Variance Item Notes A Lot Area Common Driveximy Special Permit F Frontage Variance for Sign 1 Lot area Insufficient Independent Elderly Housing Special Permit 1 Frontage Insufficient __Special Earth Removal Special Permit ZBA 2 Lot Area Preexisting e S 2 Frontage Complies Special Permit preexisting nonconforming 3 Lot Area Complies . 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B use 5 No access over Frontage 1 Allowed G Contiguous Building Area n; A 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required H e-5 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies y S 3 Left Side Insufficient 114e S 3 Preexisting Height 4 Right Side Insufficient H e-5 4 1 Insufficient Information 5 Rear Insufficient I Building Coverage si a 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 5 4 Insufficient Information 2 In Watershed d Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district e; 6 2 Parking Complies y e s 3 Insufficient Information 1 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit C 3 Setback Variance Access other than Frontage Special Permit Parkinq Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveximy Special Permit Hei^ht Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Permit Non -Conforming Use ZBA Large Estate Condo Special Permit __Special 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 preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative' shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for'the above file. You must file a new building permit application form and begin the permitting process. ,¢%iilding DepartmentOfficialSignature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Page 3of4 *Reference Use Code numbers and Uses from the Zoning By -Law. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units 45G _14_15C2 *Reference Use Code numbers and Use from the Zoning Ordinance. State number of units in building. 8. 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 filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. t i Type above name W here M Application for a SPECIAL PERMIT NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back • Sq. Ft. Sq. t. Coverage Feet Spaces Front Side A Side B Rear -.5. '5-6_ 5 169500 � _l4 % IDo �� 9�0 b. 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 (o 00o T_ %l� a 33 ta- 14 3`i 5 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 ta�Z.2oo r l,.A. hLIN % tao 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units 3rd t R tDC-6�7 (AL t *Reference Use Code numbers and Uses from the Zoning By -Law. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units 45G _14_15C2 *Reference Use Code numbers and Use from the Zoning Ordinance. State number of units in building. 8. 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 filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. t i Type above name W here M PAGE 4 OF 4 Application for a SPECIAL PERMIT � se 't .c y.i,•. ,T a .rt -€° k '," .r,- .,. ^" a.a.,. Y^t i ,ac€ Y"" a" ,,"`.'� ;" . 4 . t _ e . .., . 9. 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. This is required in the case of a Special Permit when the following points, based on MGLA ch. 40A, sec. 9 of the North Andover Zoning By -Law and P 9.2 Special Permit Granting Authority shall be clearly identified and factually supported: Addressing each of the below points individually is required 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 the zoning by-law. 6. 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). 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 of building area. Minor projects that are less than the above limits shall require only the plan information as indicated with asterisks (*) in some cases further information may be required. 10 B. Plan Specfcations: 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 on mylar. 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 Pian 5. Title of Plan 6. Names addresses and 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 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. 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 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 a plication. A Special Permit once granted by the ZBA will lapse in two (2) years if not exercised and a new petition must be submitted. �t•s3c'.a• '++ie ..�y..r ik� a'%'"µ-"3� �� ��,_ -y`�` t���'✓�^:�:.. �.z`F^i h"""^� �`�W�w3.s���i'i.`na'w�-'rd.+3'� S+� �E'^`-Yr't:'°2'i%.Y`.������?�,�Y� � F� T. .� .w.. �i.:. �?}„sx � � .... .+. w.a..w. -.+ .Y .:SSb�'u...3`�^..... A..r..........NNa � ?ROCEDURE w�i^'.°5' s.^T't-x:.>,�-,.k��.rTe=?�FiTv3 `.E�-3�nefa�i*u::�.x} '1ui.2.�,i`;•..xna! and REQUIREMENTS STEP 6: SCHEDULING OF HEARING AND °or FILING an APPLICATION for PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules SPECIAL PERM1 T . the applicant for a hearing date and prepares the legal Fen (10) copies of the following information must. - notice for mailing lo the parties in interest (abutters) and ►e submitted thirty (30) days not later than noon for publication an#he,neWspaper..The petitioner is Idor to the first public hearing. Failure to submit notified that th0eoal notice has been prepared and the - cost of the Party_in` filetest fee. he required information within the time periods - -- -rescribed may result in a dismissal by the Zoning STEP 7: DELIVERY OE LEGAL NOTICE TO 3oard of an application as incomplete. NEWSPAPERMARTY IN INTEREST FEE: he information herein is an abstract of more specific The petifioner-p9cks-uphe legal notice from the Office . jquirements listed in the Zoning Board Rules and of the Zoning Boa _ofAppeals and delivers the legal regulations and is not meant to supersede them. Items that 1> notice to the local—news paper for publication. re underlined will be completed by the Town - !TEP 1: ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING be petitioner applies for a Building Permft and BOARD OF APPEALS: lceivers Denial form completed by the The petitioner should appear in his/her behalf, or be ommisit 'uiiding Commissioner. represented by an agent or attorney. In the absence of TEP 2: SPECIAL PERMIT APPLICATION FORM: etitioner completes an application form to petition the 'oard of Appeals for a Special Permit. All information s required in items 1 through and including 11 shall be ompleted. ,tep 3: PLAN PREPARATION: etitioner submits all of the required plan information as ed in item 10 page 4 of this form. TEP 4: SUBMIT APPLICATION: etitioner submits one (1) original of ail the required formation and 10 xerox copies to the ZBA Secretary. he -original will be stamped by the Town Clerk �rtifying the time and date of filing. The remaining ten ?pies will remain at the office of the Zoning Board of ppeals secretary. TEP 5: LIST OF PARTIES IN INTEREST: nee the petifioner submits all of the required formation, the petitioner requests from the Assessors Mice a certified list of Parties in Interest (abutters). 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 hearin-g copy of the Board's decision will be sent to all partiesin interest. Any appeal of the Board's decision may be made7pursuant to Massachusetts General Laws ct SOA sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitionerAsmasponsible for recording certification of the decision a—n Accompanying plans at the Essex. _County North Registryjf 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. CD 2 U M m ��rTl C7 y < I T1 -K/1 C3 -=4'ES�F '4.'�_' a'E'"4' S. R r•s_ .E ^? �ts..�''3 S'� '' F �1'. - �'y. .'Tsf a.�B4 ,Y, .'-"'�:eR. w.v.. �,or= � �.:..h'i=.�.£u�Lrd�.x 'D4Tia.+�lvt�ra �eTi�'+��L''i%Y:k:ra'ii4� "y ��"'?�`�- `u' "f ��;t^F � SCSE. �� '�`-.. •�.•oF' .'.'4:�w..b.w �"+drv,' ..c#:,L ...s.ac v�'�.i!r`i 1PORTANT PHONE NUMBERS: ire:3.x ...r.Lra -; �. w.�.l•*.ace.x �Z u4:n.A.c. " ..»RGec �- •. ftp ._. 8-688-9545 Building Department° 4 1> 8-888-9541 Zoning Board of Appeals Office JUL 11 2002 - BOARn OF APPEALS CD 2 U M m ��rTl C7 y < I T1 -K/1 C3 North ANDOVER ZONING BOARD OF 1. Petitioner: Name, address and telephone number: 'The petitioner shall be entered on the .legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: -SAM �s M AN A� A I A. k_rQ k 1Jb"XIFR . Mk. Years Owned Land: 195'7-g,00:� (4�5 y M1 3. Location of Property: a. Street: 3° ADAMS AVS- Zoning District R� b. Assessors: Map numberLot Number: Ifl = c. Registryof Deeds: BookNumber Page Number: 4. By -Law Sections under which the petition for the Special Permit is made. StGT 16�,L g *Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner. a. Describe the Special Permit request: EgeuSlok ©� A PR�•1✓�(I�TItJ� No1J •C��l�o �'li�' ST RUCT URe OW h PRS 1EALL5T1l lCG hkm C61. r-ORMIN-G, LOT. NORTFt 0a 9��.r. °�� Zoning Bylaw Denial Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 s"`"DSE Phone 978488-9545 Fax 978-688-9542 -Pv Y1 T'e::' OU -e U Street:. Item Map/Lot: `fes tj Applicant: e 'a m e S a_ _. fA r`?.... Request: 13,5 p Date: f -• l do — cp / riease oe advised that after review of your Application and Plans that your Application is DENIED for the following: Zoning Bylaw reasons: Zoninq R - iy 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 Sign 1 Lot area Insufficient Large Estate Condo Special Permit 1 Frontage Insufficient Special Permit Use not Listed but Similar 2 Lot Area Preexisting S 2 Frontage Complies 3 Lot Area Complies . 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area pt 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required H e5 3 Preexisting CBA 5 Insufficient information 4 Insufficient Information C Setback H Building Height 1 I All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies y s 3 Left Side Insufficient e g 3 Preexisting Height 4 Right Side Insufficient • eS 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed e3 4 Insufficient Information 2 in Watershed d Sign i— NKK 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district e!5 2 Parking Complies e S 3 Insufficient Information 3 1 Insufficient Information 4 Pre-existing Parking 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 Variance for Sign Continuing Care Retirement Special Permit Inde endent Elderly Housing Special Permit Special Permits Zoning Board Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Develo ment District S ecial Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Sp ecial Permit preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must rile a new building permit application form and begin the permitting process. ,ifiilding Department Official Signature /i - ! LI1 //-id -49/ Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: C. Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application% permit for the property indicated on the reverse side: -T M, WII v -e c (G> 5ec d VIIS l`%�• A.2.0N-CUr-,7aPt 1Aje 04— Department of Public Works Planninq Historical Commission Other BUILDING DEPT C "/�- �v psi,( l ✓ no 16 or,) w b4,ti ;Q 01,1C 00 Referred To: Fire Health Police Zonin I Board Conservation Department of Public Works Planninq Historical Commission Other BUILDING DEPT _ T L GILES, RLS' MANK S° 1`r.cT".v;r,iFc P L S 50 DEERMEADOW ROAD NORTH ANDOVER, MA 01845 E-MAIL FrankGilesSurvey�a�mediaone.net TEL. (978) 683-2645 (978) 683-3924 SURVEYING LAND PLANNING CONSULTING MAY 15, 2002 To: NORTH ANDOVER ZONING BOARD OF APPEALS From: FRANK S. GILES, P.L.S. RE: VARIANCE APPLICATION from MGLA ch. 40A Sec. 10 Sect. 7 Table II (C 3&4 ) Site: 39 ADAMS AVENUE This document is to address a requirement WRITTEN DOCUMENTATION of Section on page 4 of 4 on the Variance application. A. The particular use is existing as a Single Family Residential and remains as such. B. The soil conditions, topography shall not be altered or afl'ected. C. The hardship is a pre-existing non conforming situation and with a growing family needing more room to function properly. D. The proposed addition will be small and consistent with conditions in the immediate area. E. The zoning is meant to protect the public health, safety conditions, traffic overcrowding conditions do not derogate the purpose. This allows the family to maintain a level of housing for the level of income. F. There are no wetlands on this property or within any jurisdictional distance to warrant a RDA. Please call me for any questions you may have in this matter. Thank you Frank S. Giles, P.L.S. ,age 3 of 4 Application for a SPECIAL PERMIT �3•�c-rYn�S2w's�,'p.# NORTH ANDOVER ZONfNG BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Sq, Ft. Sq. Ft Coverage Feet Spaces % b. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Sq. Ft Sq. Ft. Coverage Feet Spaces lo�000_ S—r1 1P� % c. Required Lot: (As required by Zoning By -Law) Minimum Lot set Back • Front Silos � 5ide�e R � Front 33 Lot Area Open Space Percent Lot Frontage Parking Sq. Ft Sq. Ft Coverage Feet Spaces - Front tato % taa 30 7. a. Existing Buildings: Minimum Lot set Back • Side A Side B Rear ta-- i4 39•'5 Minimum Lot set Back • Side A Side B Rear Ground Floor Number of Total Use of Number of Units Square feet Floors Sq. feet Building" *Reference Use Code numbers and Uses from the Zoning By -Law. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of • . Number of Units Square feet Floors Sq. feet Building` 415G�-- *Reference Use Code numbers and Uses from the Zoning Ordinance. 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 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 Cleric titr shall or the Zoning Board of Appeals does not absolve the applicant from this responsibility.l The neio�neementsas cited responsible for all expenses for filing and legal notification. Failure to comply with app q herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. ry1.� _ X M Type above name (s) here cS M A`"'NW- 97 91 P/ OF 4 --AVP1icaion fora SPECIAL PERMIT k, _ .., _..Ftp. -�`:.. C."^?'f yK:i. 'F°»'�>... i ._?•..'.`'�` 5 „�, LC9M`�cY x-, °�'" Ott '��'wvk+' I ;k TEN DOCUMENTATION fie I _)n for a Special Permit must be supported by a-�_ . itten or typed memorandum setting forth in fads retied upon. This is required in the case 10 C. FEATURES TO BE INDICATED ON PLAN: i ;:tial Permit when the following points, based on ..... A. Site Orientation shall include: ch. 40A, sec. 9 of the North Andover Zoning By -Law _ 1 -' North point j t" x`9.2 Special Permit Granting Authority shall be clearly ,, ,3.2 ,zoning distrid.(s) "of `i!ed and factually supported: Addressing each ofi the names streets= r -points individually is required with this 4• wetlands to be shown on plan (if applicable) "5. 3iication abutters of property, within 300 foot radius F 6.. location of buildings on adjacent prope ies within t - " he particular use proposed for thelandor structure ` = - 50' from applicants proposed structure l F The specific site is an appropriate location for such 7. s deed, restrictions, easements E 2 �ise, structure or condition. '_� =y.. g;' tegend a3�,Graphic Aids: -=-1. � 7 Mere wilt be no nuisance or serious hazard to proposed features in solid lines & outlined in red .hicles or pedestrians. 2. Existing features to be removed in dashed lines F ,dequate and appropriate facilities will be provided for 3. Graphic Scales4. a the proper operation of the proposed use. Date of Plan - The use.is in harmony with the purpose and intent of 5. Title of Plan 1 ?zoning by-law. 6, Names addresses and phone numbers of the r _ `ecific reference and response to the criteria applicant, owner of record, ndesigner or a d d i f ; - uired by the particular special permit for which this surveyor. tiication is made (i.e. Earth Removal Special 3 snit respond to criteria and submittal 10 D. FURTHER REQUIREMENTS: F( :luirements). ' Major Projects shall require that in addition to he above E; --' _ features, plans must show detailed utilities, so Is, and a Plan of Land - topographic information.. A set of building ele ation and c rh application to the Zoning Board of Appeals at) be sh interior of building plans will be required when the . ' Hied by the following described plana Plans must - application involves new construction/conveys#on and/or a S `ed with this application to the Town Cleric's proposed change in use. Elevation plans for minor P e ZBA secretary at least thirty (30) days prior to projects including decks, sheds, & garages shall be c hearing before the Zoning Board of Appeals. included with a side view depicted on the plot plan, _ which include a ground level elevation S' _ .. thajor Projects _ -- . ;. _ _5. p jor projects are those which involve one of the.fotlowing -11. APPLICATION FILING FEES - ,. - - - it :other existing or.proposed: a) five or more parking-, A.:. Notification Fees: Applicant is to send by certified T b) three or more dwelling units, and mail all legal notices to all abutters, and then CAices, 000 square feet of building area. supply proof of mailing to ZBA secretary. Applicant is A €car projects that are less than the above limits shall ..to supply stamps (appropriate current postage) for uye only the plan information as indicated with mailing of decisions to all parties of interest as S isks (*) In some cases further information may be identified in MGLA ch. 40A in sec. 11 as fisted on the O application. ZBA Secretary will compute number of in �9red. stamps. C B. Applicant is to supply one (1) set of addressed �. Plan Specifications: , labels of abutters to ZBA Secretary who will mail ize of plan: Ten (10) copies of a plan not to exceed decisions to abutters and parties.in interest. i"x17`, preferred scale of.1"=40' C. Administrative fee of $50.00 per a plicati n. - m prepared by a Registered Professional Engineer 1 or Land surveyor, with a block for five (5) ZBA - � A Special PerTnh once granted by the ZB will lapse atures and date on mylar. - - - - - in two (2) years if not exercised and a nev1W petition Ai 1 must be submitted. IfV 97 97 91 Town of North Andover, Zq*g Board of Appeals Parties of Interest/ Abutters Listin 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 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 45G, is JAMES MAHAN 39 ADAMS AVE. NORTH ANDOVER, MA 01945 ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 45B 7 DARRYL MESSIER 14 MARTIN AVE. 45B 10 DANIEL STROM 35 ADAMS AVE. 45B 1 FREDRICK DODGE 27 ADAMS AVE. I 45B 12 MATTHEW GOODROW 23 ADAMS AVE. N, 45B 16 ERIC KFOURY 6 MARTIN AVE. 45B 14 RICHARD RINGDAHL 543 MASS. AVE. 45B 13 WILLIAM NILAND 547 MASS. AVE. 45B 8 BRUCE ROUND 30 ADAMS AVE. 45B 6 ROBERT PERKINS 16 ADAMS AVE. 45B 6 DAVID CONROY 18 ADAMS.AVE. 95B 5 GLORIA MIELE 10 ADAMS AVE. 45C 13 STEPHEN HEIMLICH 85 AUTRAN AVE. 45C 13 LYNNE HUDSON 83 AUTRAN AVE. 45C 12 DAVID LIVINGSTON 34 UNITY AVE. 45C 10 ROCCO DIFRUSCIO 63 AUTRAN AVE. 45C 9 CHARLES REGAN 57 AUTRAN AVE. 45C 8 WILLIAM•GOLAN 51 AUTRAN AVE. 45C 6 PAUL BURKE 39/37 AUTRAN AVE. 45D 1 TODD SALVAGIN 89 AUTRAN AVE. 45D 1 NIKOLAYI NEMCHUK 91 AUTRAN AVE. 45D 2 EDWARD ANTONELLI 93 AUTRAN AVE. 45G 21 BILODEAU REALTY TRUST 71 ADAMS AVE. 45G 20 BILODEAU REALTY TRUST 0 MARTIN AVE. 45G 41 H.R. & R. REALTY TRUST 59 ADAMS AVE. 45G 37 LOUIS PAPPALARDO 40 MARTIN AVE. 45G 37 LEMOINE NOMINEE TRUST 42 MARTIN AVE. 45G 12 WING-WAH MAK 33 MARTIN AVE. 45G 11 ALFIO FERRARO 25 MARTIN AVE. 45G 9 RAYMOND MARTINEAU 16 BACON AVE. 45G 6 WILLIAM DOLAN 6 BACON AVE. 45G 55 GABRIEL DIFILLIPO 30 MARTIN AVE. 45G 19 DEBRA LONG 51 ADAMS AVE. 45G 17 GABRIEL DIFILLIPO 0 MARTIN AVE. 95G 33 PATRICIA ANN MANOS 52 ADAMS AVE. 45G 34 SEAN BURKE 38 ADAMS AVE. NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845. )RTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01645 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: SIGNATURE JEANNE FOGARTY DATE: PAGE: OF ASSESSOR Typed Name and Title Pap_1_ of —1 — of AssesW N Any appeal shall be filed Notice of Decision within (20) days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Property at: 39 Adams Avenue NAME: James Mahan DATE: July 16, 2002 ADDRESS: 39 Adams Avenue PETITION: 2002-033 North Andover, MA 01845 HEARING: 7/9/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, July 9, 2002 at 7:30 PM upon the application of James Mahan, 39 Adams Avenue, North Andover, MA requesting relief of a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for right side setback of an existing porch and left side setback for a proposed garage; and for a Special Permit from Section 9, Paragraph 9.2 for the extension of a pre-existing, non- conforming structure on a pre-existing, non -conforming lot within the R-4 Zoning District. The following members were present: William J. Sullivan, Walter F. Soule, Scott A. Karpinski, Ellen P. McIntyre, George M. Earley, and Joseph D. LaGrasse. Upon a motion made by Walter F. Soule and 2nd by Ellen P. McIntyre, the Board voted to allow the petitioner to WITHDRAW HIS PETITION WITHOUT PREJUDICE, and resubmit for the August 13, 2002 meeting. Voting in favor of the withdrawal: William J. Sullivan, Walter F. Soule, Ellen P. McIntyre, Scott A. Karpinski, George M. Earley, an . Town of North Andover Board of Appeals, wh W' Liam J. Sullivan, Chairman Decision2002-033 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 TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 NORTH °f I°- A At �,SSACHUS t� Telephone (978) 688-9541 Fax (978) 688-9542 Date � 14o e- �Lc)i� Please be advised that I have agreed to waive the time constraints for the Zoning Board of appeals to make a decision regarding the granting of a Variance and /or Special Permit for property located at: STREET: � 7 A d'2 w15 A ✓ e TOWN:O Yl) L� 44JDVk-K MEETING DATE(S): 4,� l �3 1 - � NAMEOF PETITIONE : � C-�M,PS YU q k of Signed: Petitioner (or petitioner's representative) WAIVER ti C= C z N 6- V BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-335 �:ZEmr~z =aa�'� T>��rn Q rri CD fTl a70CnG� m�D :�u ::5 50 DEERI\ EADOW ROAD NORTH ANDOVER, MA 01845 E-MAIL FrankGilesSurvey(t�mediaone.net TEL. (978) 683-2645 (978) 683-3924 SURVEYING LAND PLANNING CONSULTING MAY 15, 2002 To: NORTH ANDOVER ZONING BOARD OF APPEALS From: FRANK S. GILES, P.L.S. RE: VARIANCE APPLICATION from MGLA ch. 40A Sec. 10 Sect. 7 Table H (C 3&4 ) Site: 39 ADAMS AVENUE This document is to address a requirement WRITTEN DOCUMENTATION of Section on page 4 of 4 on the Variance application. A. The particular use is existing as a Single Family Residential and remains as such. B. The soil conditions, topography shall not be altered or affected. C. The hardship is a pre-existing non conforming situation and with a growing family needing more room to function properly. D. The proposed addition will be small and consistent with conditions in the immediate area. E. The zoning is meant to protect the public health, safety conditions, traffic overcrowding conditions do not derogate the purpose. This allows the family to maintain a level of housing for the level of income . F. There are no wetlands on this property or within any jurisdictional distance to warrant a RDA. Please call me for any questions you may have in this matter. Thank you Frank S. Giles, P.L.S. i o' Zoning Bylaw Denial o n Town Of North Andover Building Department 27 haries �s3ACNus°{ P11101• all(lt3 s I o I ijoislH aatlt0 uluueld Street:C. _ qft asuoD Ma /Lot: aoilod Applicant:Apig. Re uest: oSe « � o Dat - Plea a be advised that after review of your Application and Plans that your Application is DEN ED for Zo in Item Notes Item es A No 1 Lot area Insufficient 1 Frontage Insufficient 2 o rea reexis ng 3 Lot Area Complies 3 Preexisting frontage e 4 Insufficient Information 4 Insufficient Information B Use No access over Fronta e 1 Allowed Contiguous Building Area 2 Not Allowed 1 nsu icien rea 3 se eexist' 2 Com lies 4 Special Permit Required Preexisting CBA 5 Inst C Setback H Building Height 1 Ailseacs comp y 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting elg t 4 c 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 7 Insufficient Information 2 Covera a Complies D Watershed 3 Coverage reexisting 1 2 In 1,'Vatershed Sign 3 Lot prior o A d ig owe 4 Zone to be Determine d5 Sign Complies 5 Insufficient Information 3 Insufficient Information E 1 In District review required 1 More Parking Required 2 o in is nc 3 Insufficient Information 3 Insufficient Information 4 Pre-existin Parkin Rei nedy for the above is checked below. Ite peci Site Plan Review S ecial Permit C Setback Variance ccess o er an ron a e ecia ermi Frontage Exce tion Lot Special Permit Lot Area VariancegK ommon nvewa ecia ermi Con re ate HousingS ecial Permit Var nc for n Continu e e it n cia i Inde enden Iderl H sin Special Permit peCr nrn Ja �Ir E ecial Per it Non -Conforming se ZBA oIS i p% it /J,f art er t B la ned elo ent i ict S eci Per S r Sign ecial Permit Use not Listed/but Si i ar Planned Residential Special Permit S ectal Permit fo Watershed S ectal Permit S ecial Permit preexistingnonco formin , HT1 vuJe7 and a�on�Z;l ion �khd3'� on th P� A�►QrpiatiscLB ilted.�f o derinif�� a gNie and ora ce shal ase nations b thea licant nor she such verbal expla atlto provi a dejjnjt g trMve r Scha esto�iht mforma`ti sud by the���pp�li�an�i''sh I e gr s for (his iew to � volde�at a dtsbretion th f7 — Buil F -{ by re reo, Building Dep Denial Sent ,Q,'t - 6 '•V19 6S"- eql uod is-66*L lot ad ayi X01 )Ituiad f � ap ao1 suoseAFMN—A—M j n1 of WIi@@! r� ill! Feu 6ulmollol at, I anl}BJJBN nnaiAON ueid If Faxed Phone Number/Date: co j� Ynct 11 Frv, 4 - � (2� Cotw/� Ylo I ,5;cod e 1TP Al /-r p'�G4` X554 r V.O _, ll `I Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the applicationf permit for the property indicated on the reverse side: Referred To: � i1( TSA } .Yd S lV v T cS 4A C. k— kACI iE JN� aticQ a N°RTH Zoning Bylaw Denial V # Town Of North Andover Building Department "r * 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 -5-o u1 'EAf--> 0U e 0 ,.Ij U e f' street:.. 3 9_ _..; .. a.rrl. S . , v _.. .. Map/Lot: yam--- Applicant:4 a rh e ,p N Request: Lot AreaNotes Date: olnft�e .Y4J�i "%_- CKUV10cu UICK.allel review or your Hppncation and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning R -14 Remedy for the above is checked below Item # Special Permits Planning Board Item Notes_.Item C 3 Setback Variance Access other than Frontage Special Permit Parking Variance A Lot AreaNotes Con re ate Housing Special Permit F Frontage Special Permits Zoning Board - Special Permit Non -Conforming Use ZBA Earth Removal S ecial Permit ZBA Special Permit Use not Listed but Similar Special Permit for Sign ja -JI Special Permit preexisting nonconforming 1 Lot area Insufficient 1 Frontage Insufficient 2 3 4 Lot Area Preexisting Lot Area Complies . Insufficient Information e.S 2 3 4 Frontage Complies Preexisting frontage Insufficient Information N B use 5 No access over Frontage 1 2 Allowed Not Allowed G _F Contiguous Building Area Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required H e5 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 3 4 Front Insufficient Left Side Insufficient Right Side Insufficient e. S k4 e5 2 3 4 Complies Preexisting Height Insufficient Information y S 5 6 Rear Insufficient Preexisting setback(s) I 1 Building Coverage Coverage exceeds maximum P0 A 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed e.g 4 - Insufficient Information 2 3 In Watershed Lot prior to 10/24/94 d 1 Sign Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 2 3 In District review required Not in district Insufficient Information 4e S 1 2 3 More Parking Required Parking Complies Insufficient Information 4 1 Pre-existing Parking Remedy for the above is checked below Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit C 3 Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Common Driveway Special Permit Lot Area Variance Height Variance Con re ate Housing Special Permit Variance for Si n Continuing Care Retirement Special Permit Independent Elderl Housin. Special Permit Large Estate Condo Special Permit Planned Develo ment District Special Permit Planned Residential Special Permit R -ti Density Special Permit Watershed Special Permit Special Permits Zoning Board - Special Permit Non -Conforming Use ZBA Earth Removal S ecial Permit ZBA Special Permit Use not Listed but Similar Special Permit for Sign ja -JI Special Permit preexisting nonconforming The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading Information, or other subsequent changes to the Information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file. You must rile a new building permit application form and begin the permitting process. ilding Department Official Signature Denial Sent: Application Received Application Denied If Faxed Phone Number/Date: Legal Notice North Andover, Board of Appeals 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 9th of July 2002, at 7:30 PM to all parties interested in the appeal of James Mahan, 39 Adams Avenue, North Andover, MA requesting relief of a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for right side setback on an existing porch and left side setback for a proposed garage; and for a Special Permit from Section 9, Paragraph 9.2 for the extension of a pre-existing, non -conforming structure on a pre-existing, non -conforming lot to allow for a proposed garage. Said premises affected is property with frontage on the North side of Adams Avenue within the R-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA Monday through Thursday during 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 June 24 & July 1, 2002. Legalnotice 2002-033 Town of North Andover of NCRT4l Office of the Zoning Board of Appeals 0r Community Development and Services Division 27 Charles Street `,r " North Andover, Massachusetts 01845 �' sT`° � et`g ^CHU`+ D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Legal Notice, North Andover, Board of Appeals 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 0 of July 2002, at 7:30 PM to all parties interested in the appeal of James Mahan, 39 Adams Avenue, North Andover, MA requesting relief of a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for right side setback on an existing. porch and left side setback for a proposed garage; and for a Special Permit from Section 9, Paragraph 9.2 for the extension of a pre-existing, non -conforming structure on a pre-existing, non-confjorming lot to allow for a proposed garage. Said premises affected is property with frontage on the North side of Adams Avenue within the R-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA Monday through Thursday during 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 June 24 & July 1, 2002. Legalnotice 2002-033 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Glennon, Michel From: System Administrator To: 'FrankGilesSurvey@attbi.net' Sent: Wednesday, June 19, 2002 3:08 PM Subject: Undeliverable: letterheadblue Your message did not reacts some or all of the intended recipients. Subject: letterheadblue Sent: 6/19/02 3:06 PM The following recipient(s) could not be reached: TrankGilesSurvey@atthi.net' on 6/19/02 3:08 PM No transport provider was available for delivery to this recipient. 1 Glennon, Michel From: Mail Delivery Subsystem [MAILER -DAEMON] Sent: Wednesday, June 19, 2002 3:45 PM To: mglennon@townofnorthandover.com Subject: Returned mail: User unknown ATT00014.dat letterheadblue (119 -0400 (EDT) KB) The original message was received at Wed, 19 Jun 2002 15:44:30 from na-gw.mdc.net [209.251.64.8] (may be forged) ----- The following addresses had permanent fatal errors ----- <FrankGilesSurvey@mediaone.net> ----- Transcript of session follows ----- ... while talking to mlrl.mediaone.net.: >>> RCPT To:<FrankGilesSurvey@mediaone.net> <<< 550 <FrankGilesSurvey@mediaone.net>: User unknown 550 <FrankGilesSurvey@mediaone.net>... User unknown 1 D. Robert Nicetta Building Commissioner Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Legal Notice North Andover, Board of Appeals f ,tORTit 10- A �1SSACHUS S` 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 9'h of July 2002, at 7:30 PM to all parties interested in the appeal of James Mahan, 39 Adams Avenue, North Andover, MA requesting relief of a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for right side setback on an existing porch and left side setback for a proposed garage; and for a Special Permit from Section 9, Paragraph 9.2 for the extension of a pre-existing, non -conforming structure on a pre-existing, non -conforming lot to allow for a proposed garage. Said premises affected is property with frontage on the North side of Adams Avenue within the R-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA Monday through Thursday during the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman N C= Published in the Eagle Tribune on June 24 & July 1, 2002. C Z Legalnotice 2002-033 N 0 L z O mrn ZZC� >n:50rn CD C �rnorm Q70cn0 �xv 7 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Fax — Transmission TO: Frc� �, V S) -,,1e5 FAX Number: 9 Is - & 5 3 - -2- 4 '� 5 FROM: Town ofNorth Andover Zoning Board of Appeals PHONE: #978-688-9541 FAX: #978-688-9542 DATE: H ' O �- SUBJECT: r" 3? /A di m S Number of pages: REMARKS: Attached is a fax containing your legal notice, which needs to be placed with the legal notice department at the Lawrence Eagle - Tribune. The Lawrence Eagle Tribune legal notice department's direct dial phone number is 978-946-2412; the address is 100 Turnpike Street, North Andover, MA 01845; and the Eagle -Tribune's fax number is 978-685-1588. Please contact the E -T as soon possible in order to meet the mandated [Mass. Gen. L. ch. 40A § 111 publishing deadline of at least 14 days before a hearing. The E -T needs 2 full business days before the publication date. Missed publication means that you will not be able to be placed on the ZBA agenda for the uncominl? meeting. Eagle -Tribune Submission Date 1" Publication Date Meeting Date June 19, 2002 June 24, 2002 July 9, 2002 Please be reminded that it is Your resaonsibility to mail a conv of the legal notice to each abutter via certified mail. You are required to complete the mailing of the legal notice at least 14 days prior the ZBA meeting. You are also required to bring, or fax copies of the proof of the certified mailing to the office of the ZBA Secretary as -soon -as you have completed the mailing. Again, failure to do so will mean that you will not be placed on the ZBA agenda. Thank you. faxlegal