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HomeMy WebLinkAboutMiscellaneous - 477 ANDOVER STREET 4/30/2018 / 477 ANDOVER ST 2101024.0-0030-0000.0 - � � A nJaver tk 3 ze 14odovel �s� �\VVw7 V R V \J 6 g R 1 1 5 T 7 d o.)ey- Sid r r r'G( ✓� d 7 7 JAt Uo v e✓ 5 � UD,3 - vl � s L� ev\ �40 C,er 5 b ►n c�7q 171a- -� -71,:93 c6 _ 03 ol 7 e - Gg OD a 017Q� Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division x • 27 Charles Street ` °'-•�=- 'r North Andover,Massachusetts 01845 'SS�cNuS D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: 477 Andover Street NAME: Ansel Realty Trust HEARING(S): 5/15&8/12/03 ADDRESS: 477 Andover Street PETITION: 2003-012 North Andover,MA 01845 TYPING DATE: August 18,2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,August 12,2003 at .7:30 PM in the Senior Center, 120R Main Street,North Andover,MA upon the application of Ansel Realty Trust, 477 Andover Street North Andover requesting a Variance from Section 8,Paragraphs 8.1.2&8.1.7 for relief of off-street parking regulations and Table 2 for relief of front and side setbacks;and a Special Permit from Section 9, Paragraph 9.2 in order to construct an addition on the existing footprint of a non-conforming structure on a non- conforming lot. The said premises affected are properties with frontage on the West side of Andover Street within the B-4 zoning district. The following members were present: William J. Sullivan,Walter F. Soule,John M.Pallone,Ellen P.McIntyre, and Joseph D.LaGrasse. Upon a motion made by John M.Pallone and 2°d by Joseph D.LaGrasse,the Board voted to GRANT the applicant's request to WITHDRAW THE VARIANCE PETITION WITHOUT PREJUDICE. Voting in favor: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D.LaGrasse. William J. Sullivan abstained. Upon a motion made by John M.Pallone and 2nd by Joseph D.LaGrasse,the Board voted to GRANT the Special Permit from Section 9,Paragraph 9.2 in order to construct an addition on the existing footprint of a pre-existing structure on a non-conforming lot per Plan of Land in North Andover,Mass prepared for Ansel Realty Trust and A &C Realty Trust Date:August 6,2003,Rev:August 11,2003 by Stephen E. Stapinski,R.L.S.,Merrimack Engineering Services,66 Park Street,Andover,Massachusetts 01810 and Plans for Ansel Realty Trust,477 Andover Street,North Andover,MA.Date:7/22/02 on the following condition: 1. The applicant will provide a Mylar of the Rev:August 11,2003 Plan of Land. Voting in favor: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D.LaGrasse. Willia . Sullivan abstained. The request to withdraw the Variance from Section 8,Paragraphs 8.1.2&8.1.7 for relief of off-street pr` 9 77; regulations and Table 2 for relief of front and side setbacks without prejudice did not allow relief for pairing relief for driveway width. No setback requirements were addressed i The Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the Zoningil3ylavi�that::> such change,extension,or alteration shall not be substantially more detrimental than the existing structtFto the neighborhood. CD Pagel of 2 Board of Appeals 978-68$-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover °RTH Office of the Zoning Board of Appeals °p Community Development and Services Division 27 Charles Street *;��T,e ,•ti ' North Andover,Massachusetts 01845 'SSAcMusE` D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing.•Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, William J.ShIlivan,Chairman Decision 2003-012. Page 2 of 2 ti c C > . til CJ Board of Appeals 978-68879541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover pf µp,r►► ,! Office of the Zoning Board of Appeals o? Community Development and Services Division • 27 Charles Street '��* �----•�''' �1 wOwwno�� North Andover,Massachusetts 01845 cNus�t D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 �a G_J _ 'j �:Y.r)L: Jl7 i 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 Wednesday the 16t`of April,2003 at 7:30 PM to all parties interested in the appeal of Ansel Realty Trust,477 Andover Street North Andover requesting a Variance from Section 8, Paragraphs 8.1.2&8.1.7 for relief of off-street parking regulations and Table 2 for relief of front and side setbacks;and a Special Permit from Section 9,Paragraph 9.2 in order to construct an addition on the existing footprint of a non-conforming structure on a non-conforming lot. The said premises affected are properties with frontage on the West side of Andover Street within the B-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street,North Andover,MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William I Sullivan,Chairman Published in the Eagle Tribune on March 31 &April 7,2003. Legalnotice 2003-012. o� om�'-Vc< ��•� °Omoym�mo .�°�o."i�=wrnDq��maw r— w I -0 0°0D F",OD ami?�s�00X.='=.93w�yCD CD05�=mom°m°wm 'o.>0r 1� w W �N sm y� m o ny j °EO MN°�v v >° m�o°_ ��y sm s w°w m °=��Cm CD m w m oar�`° c°� °°ic0) =3 C)_ 0 M 0¢ 0 a°iw '°sTar r y moo° c°inD�v < ����vomjOow^��°^��miv��mm�m=��oS000myoZ Z 3 a-.C7 a on w, °-�mv°� cov m en>MCDCL �U) CCD ow 3 o wD m � . a so - Na- w a�0 O <N �M0 zoO.O��'N N°_ y�°n O N 7 COD0 m NCC°��N NCS W�O��3 C n Drn 31m V 7?N N 0 3 1< 5 V N O 7 N N fin(n O N A7 7 O�O N NON IU n y..f r-y N w CD n°5 y• M Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover NORTH ?oma`r,•- •1,�oo Office of the Zoning Board of Appeals A � p Community Development and Services Division 41 _ 1 27 Charles Street North Andover,Massachusetts 01845 �sS�cMus�t 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 Wednesday the 1661 of April,2003 at 7:30 PM to all parties interested in the appeal of Ansel Realty Trust,477 Andover Street North Andover requesting a Variance from Section 8,Paragraphs 8.1.2&8.1.7 for relief of off-street parking regulations and Table 2 for relief of front and side setbacks;and a Special Permit from Section 9, Paragraph 9.2 in order to construct an addition on the existing footprint of a non-conforming structure on a non-conforming lot. The said premises affected are properties with frontage on the West side of Andover Street within the B-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street,North Andover,MA,Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William I Sullivan,Chairman Published in the Eagle Tribune on March 31 &April 7,2003. Legalnotice 2003-012. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 MAR-16-2003 14:09 HATEM and MAHONEY LLP 976 662 1712 P.02i02 r CERTIFIED MAIL RECEIPT CERTIIAED MAIL RECEIPT ru oa � 0 F F I C I A L USE ' .0OFFICIAL US -E a . c ' 37 Pa.1.oa a . 37 xv so t;.runaa Fen . 30 rwn.e F.. a. 3 0 P.iMndt d �.. c • 7 s' tom. M pmpMmmawlRs9°� OanrnMdRp�.d) \T� G t.wPaa.Roar. $ !'. 1vZ 0 mwfts"aea... $► / ya \W o _............_......N._D..g..J..F....,-P-— e po a�iZS o.�o . _...�....._.._..._,.r arx met*, —0 _ cjmt,sup.i-!H NDO(/e,0 _.. .._.._..W.....� 1114 O/,P/a 5�RTIFIED MAIL RECEIPT i CERTIFIF-P V,AIL HECEIPT rnru 0 FICIAL , U- SEi �rn 0FFICIAL uSE ; 3' ! 37 � Po.t.p. a •. ra Pester. t cameo ft. a. 30 to o e.tt""'10t �s c 0Has 7s" oe P.st.pe,a f.a. $ �• yoZ o Tow $ Sent To 604 rl Strong Apt.W.; ...... _................ L Apt IVIS; ..._ ._ ........_..._...... C3 0.Po etoar No. 9-71 MM vE k ;.._.. p at Po so,rvo /yPNP/KE �. c qc amen,�niNO -ANoct✓E.[ i4 01�yf � pwSteel Ziff o. �._.....__, ..... e �I /�/• CERT I F,,EiD MAIL RECEIP'l L)L, EU 0FFIIAL DISE � FFIE �, L �35 � Pe.mrs s , 3 a P«ror• s . 37 go ceeana�.. 30 ti.0an Rsesbt FM PO ` FaA,m ,a,� S ta, P....�F.. 79— d 9=61r= o n.:aao.d F M taw Pe.tao.a Pw $ o �edetwnurt � `\0 C2 / r-i sent 1b ,Q ✓ rl aa�iy5t-(. ��hl.� /�'c/S% _rr.q S.nf 1b4I:JT N Dear. C o.Ao . a .ac 977A'/OevE�." Si a SennApt fb.;�/S�/ N ........ er Po Ow No. DO4 F!I ,�" M1 ceps sats,zeP. AMD out O/ Q ................... ........�..........._........_- _.._.._.._ Ale-. �A tSyS" a . r ee„rta.. TOTAL P MAR 1 'Z 2002 !! BOARD OF APPEALS BAR 1 200 D z OARD QF,a 0,,_. / Z/ !I L4 U •� �C � v ap-11-03 14: 56 MANN & MANN,PC 978 762 6434 P.01 I / MANN& MANN, P.C, COUNSELLORS AT Lew 1G1 South Main Street,Middictnn,hlaaaaehwdt,01949 Tel:978-7624:238 Fax:978-7626434 F:mrii:im maity(O&O.ornn 111.1.rLMSTROM MANN KURTP.MANN AAmiited W '� September 11, 2003 RV FACSIMILE 978 8 689 01 5542-7 Town of North Andover Heidi Griffin, Town Platnnef 27 Charles Street North Andover, Massachusetts 01845 RE, 471 Andover Street A&C Realty Trust, Petitioner 477 Andover Street—Ansel Realty Trust,Petitioner Dear Ms. griffin. With reference to the public hearing and decisions for 471 and 477 Andover Street and the relief granted at the hearing but not included in the written dem slon, the Dict that the oricinal application to the widen the existing driveway and create additional parking spaces at 477 and 471 Andover Street was for a variance and not a special permit does not negate the decision of the Board of Appeals granting the special permits. Nor does this fact make the application, newspaper advertisement, and notices sent to abutting landowners deficient by virtue of requesting a variance instead of special permit. The notice requirements contained in Section 11,Chapter 40A M.G,L.A_ are intended to ensure and protect abutting landowners. Section 11 provides that notice be sufficient to inform abutting landownors of the intended actions of their neighbors so that they may appear at the hearings to defend their rights. A shift in relief from variance to special permit does not alter or expand their interests or need fof pfotection. Regardless of whether the relief sought was a variance or special permit, notice(the sufficiency of which is not being questioned)was adequate to inform all those interested of what changes to the property were being proposed and to provide such individuals with ample opportunity to protest. See, Moore v. C'ataido(1969)143 N.E.2d 578, 356 Mass. 325. Pursuant to Section 11, Chapter 40A M.G.L.A.,"...publications and notices required ... shall contain the name of the petitioner, a description of the area or premises, street address, if any, or other adequate identification of the location, of the area or premises which is the subject Sep-11-03 14-56 MANN & MANN,PC 978 762 6434 P.02 I of the petition,the date,time and place of the public hearing, the subject matter of the hearing, and the nature of action or relief requested if any." The notice and application identified the petitioners and their respective addresses suallicien!to identify the 'socataoa�of both buildings. The nature of the action and relief, desire to widen the driveway and increase parking was clearly identified. Such rm ice, as is required under Section 11, was in fact"sufficient to warn neighboring landowners of proposed action that may affect them injuriously." See, Carson v. Board of Appeals of Le in on(1947)75 XF,2d 116, 321 Mass. 649. Notwithstanding,the above, the Zoning Board, during the public hearing, voted four to zero to issue special permits,thereby granting the petitioners the relief sought,which is to widen their shared driveway and increase parking. While the Board has the inherent power to correct inadvertent or clerical errors in its decisions so that record reflects its true intention, it does not have the authority to snake substantive amendments that change the result of original deliberate decisions. See,Tenneco Oil Co. v. City Council of Spriy fO.0..11990)549 N.F.2d 1135, 406 Mass. 658. if I can be of any assistance in resolving this matter, please call me. Very truly yours, MANN&MANN, P.C. Jill Llmstrom Mann PC William Barrett (by facsimile) Thomas lrbliss(by facsimile) Sep-11-03 14: 56 MANN & MANN,PC 978 762 6434 P. 01 iiANly & 1viANN, Y.C. COUNSELLORS AT LAW 161 South Main Stev»t,Middlcton,Aiaaaac:hunctte 01949 Tal:97R-7621x298 Fax:978-762.6434 I-niril:imnnnnttvrOn A awl A LL r:LMSTROM MAW KURT P.MANN ad September 11, 2003 OV a ACS-1 ril U'7�[ 0154-2 Town of North Andover itiei 'i Griffin, T Own F-Anfee- 114- 27 Charles Street North Andover, Massachusetts 01845 RE, 471 Andover Street -A&C Fealty'Trust, petitioner 477 Andover Street— Ansel Realty Trust,Petitioner rear fvis. tG"' in: With reference to the public hearing and decisions for 471 and 477 Andover Street and the rehe anted at the htaatino but not included !n the wrtuen aee isior!, ine i3ct I-hat the original application to the widen the existing driveway and create additional parking spaces at 477 and 471 Andover Street was for a variance and not a special permit does not negate the decision of the Board of Appeals granting the special permits. Nor does this fact make the application, newspaper advertisement, and notices sent to abutting landowners deficient by virtue of requesting a variance instead of special permit. The notice requirements contained in Section 11,Chapter 40A M.6,L.A. are intended to ensure and protect abutting landowners. Section 11 provides that notice be sufficient to inform abutting landowners of the intended actions of their neighbors so thai they may appear at the hearings to defend their rights. A shift in relief from variance to special permit does not alter or exnan in___ MiPra�:sis O� i]eed 14u, ofolection. R-e-p —'less ll1 whether tier relief Si)iigiei Was a variance or special permit, notice(the sufficiency of which is not being questioned)was adequate to inform all those interested of what changes to the property were being proposed and to provide such individuals with ample opportunity to protest. See, Moore v. Cataido(1,969)14-9 N.E.2d 578, 356 Mass, 325. Pursuant to Section 11, Chapter 40A M.G.L..A.,"...publications and notices required ... shall contain the name of the petitioner, a description of the area or premises, street address, if any, or other adequate identification of the location, of the area or premises which is the subject Sep-11-03 14: 56 MANN & MANN,PC 978 762 6434 P . O2 of the petition,the date,time and place of the public hearing, the subject matter of the hearing, and the nature of action or relief requested if any." The notice and application identified the Petitioners aieai ti1eir respeciive aiidress s 6iiitleieni to ideiltl v the loCatlon of_0 ¢viiiyinac. The nature of the action and relief, desire to widen the driveway and increase parking was clearly identified. Such notice, as is required under Section 11, was in fact"sufficient to warn neighboring landowners of proposed action that may affect them injuriously." See, Carson.v Board ofAppeals of Lex:n on(1947)75 N.F.2d 116, 321 Mass. 649. Notwithstanding, the above, the Zoning Board, during the public hearing, voted four to zero to issue special permits,thereby granting the petitioners the relief sought, which is to widen their shared driveway and increase parking. While the Board has the inherent power to correct inadvertent or clerical errors in its decisions so that record reflects its true intention, it does not have the authority to miake substantive amendments that change the re Arlt.of original act.- crate decisions. See,Tenneco Oil Co. v. City Council of Springfield.(.1990)549 NT.2d 1135, 406 Mass. 658. If 1 can be of any assistance in resolving this matter, please call me. Very truly yours, MANN&MANN, P.C. Jill Elmstrom Mann PC William Barrett (by facsimile) Thomas h;rbliss(by facsimile) Sep-18-03 11 : 34 iti1HNN & ►M1ANN,PC; 978 762 6434 P. 06 UUP L•• 1-UU.J LL.UJ J/UUULL.JJ. WLLLLI•.1`I OMR,f,CIi nul'IC r&4vr- U" Aug 21 03 10:528 NORTH AMDOVER T'766ae9342 1P• 3 Town of North Andover • Office of the Zoning Board of Appeals ' Community Development and -Services Division 41 27 Charles Street - - North Andover,Msoachusetts 01845 D-Robert Nicctta Telephone("3)688-9541 Building Commissioner Fax(978)688-9542 Any Mpeal shall be filed Notice of Demtou within(20)&yS after lire Year 2003 date of filitt$of this eoQte in the office ofthe To"Clerk. Property at' 417 Andover St.eet ItiAME: Aisei 1R�tt9 T►�ut� AjCARTmG(3): SITS&2/12 1iDpR>ESS: 477 Aadbver Streeti PRTx-noN: 2003-012 Narih MdoveritifA 01 TYP1N RATE: A ust Is,2003 The Nath Andu"w Board of AlVeNs held a public he r it►g of its ae=uix mee tiny on Tuesday,AuPW'12'20103 St 7:30 PM in the Senior Center.1201t Maio Street,North Andover,MA upon lite appliestlon of Anad Realty Trout, 477 Aandovar Street Nwth Andover requesting a Varian*frac Soaic•n 8,Prrogrspbs S.3.2 lit 8.1.7 for relief of of-stroet parlL*4 nwulasioas and Tame 2 for mlief of o wd and Ade so*ncks.and a Special Jftru t iFtute Stan- 9, Par�aph 9.2 io order to construct an addition an the edzt tg bkn.of a rron-oonk miry(struettse m a non conforming Jot The said premises agecttd oto prolweiss wilt(loot W on thz Wrest tdds of Andover 3traot within the=4 eft&Wict, The following members were presem: William J.SWUM,Walter F.!eine,John M N"ooc,lsllen P.McDwe, and Joseph D.LaGrasse. Upon a motim madt by lohn iA.Is ma rad a by'ed^;-h D .1L�rzsse,the Booed voted to GIiE�nLP M applicau,.l.requat to WITHDRAW THE VARiAr4CE PE7'1TioN wmi0UT Pltl%J[11)iu votlnb in favor: WAIW F.Soule,John M.Palbne,Mien P.Meletyre,and Joseph D.Lr3rasse. William J.Sullivan abstalned. Upon a motion made by John M.Pallate Wd 2"by Josh V.Lgentsse,the lfoard voted to GRA14T the Special Permit iiotn Section 9,P tgta 9-2 Platt Land inNtxo Andover,Mass prtiVwcd for Ansel(Realty Tlrust and A stnuture on a nonsonformittg per in�dci R1...5.,Merrimack &C Realty Trost JAW.August 6,2001,Rev:August 11,2003 by Steptiem£. � 1ftg4teaiag Serykm 66 Pack Street,Andover,Maseschusetts 01810 rind Phtn:,for Ansel Realty Trust',477 Andover Settee,Wont.Andover,MA.Ade:91'22/02 at the 1Mkp*%g condition: 1. The applique will provide s Mylar of the Rev'August 11, 003 P--.m of 1..and. v sting in favor: Walter F.Sotde,Jahn M Psilone,Ellen P.Mc ntyre,vnd Joseph D.l.aGrasse. Will amir I Sullivon w sbvtained. , The retlue7t to withdraw,the Vtrimnoe torn n Section E,Pstagrapbs 8.1.2 di 8.1-1 for relief of'oXstrect Pit rs regulations and Table 2 for relief of(root tend side sedweks without prejudice(lid not allow relief fes parynmg"ii LL- relief for driveway width. No setback reguirenmt,were addresses .T i The Board finds chat the app{icstn has satisfied tate provisios of Sectim,9.Ptlr1W%Ph 9.2 ofthe 7"innD*1":tisk'1: suet,change,extension.or ahtro�vn shall not be substantially mom drtrena►rl than the ewstotg sttttetttTS t0 the ncighbodwod. rage! of 2 �+o.nf9rAe,h�i•499.6i�-9541 SuiWin�5�i8.b6$-95CJ t=rr�vtion9'•S-�*'aE�1%.`-:'4 ttcnl;i27R.Cetlt!•9�ao Fl�r+rl�r�?%R-6aF•9i55 Sep-18-03 11 : 34 MANN L MANN s PC 978 762 54�4 P.07 VIj/—1:!_JC53 I I:V-` ll iotz--y'?- WELLI"M JOW-"?eM 19 Y7UML r-AUL &J'-1 Aug 27 03 10,52a NORTH ANDOVER 4796889542 t'•4 Town of North Andover d ;». Office of the Zonin$Board of Appeals . Community Development and Services Division =� VCharlesSurat �.-� • North Andover,Massat:htnetts 0180 •c D Robert Nicct>a ielefri oac(974) S Rg3l COmllliJfiOml Fay(978)688-9542 lluildirnt purdwmaM if thelights audtori2ed by the Variance are not exercised witbie ode(1)ycar pfthc dela of the sr= is shag lapse,and may be re-establis}ted only abet notice.and a new having. Fir"hermoM if a Special P—'t granted ander the provisions mMained hwaiam sha11 be denied to have lapsed efter a t%vp(2)yeAw period from the dote on which the Spec{al permit was Vmnud anlm sobstwtiat aae or aon9tirodieo h65 Arced,it sh W IPae and tniy be rc-cublished awry after nodce,and a new hewing. Town o(Noah Andover t3oerd cf Appc els. JAJ William J-9 hvan,Cb&4Man Decision 2003-011. PaV 2 oft C� c7 Gked o�?1�a�s 9'S•6B�4i1! ��;!tleng?'7R.6l�•93�$ Cen..ewa,inn 97R.fri�n-9 :fi Y.'a'•.s 27E✓.=�R-s3� PE3n�rg g7St�R.4335 JUL-23-2003. 11:11 HATEM and MAHONEY LLP 978 682 1712 P.01i01 LAW OFFICES 127 TURNPIKE STREET NORTH ANDOVER.MASSACHUSETTS Ota4s•tKw5 VICTOR L. HATEM PHONE: (976) 895-3966 ALSO ADMITTED IN N.M. FAX: (978) 682.1712 PETER t.. HATEM ALSO ADMITTED 1N N.M., MAINS AND FLORIDA JOSEPH V. MAHONEY OF COUNSEL July 23,2003 Zoning Board of Appeals 27 Charles Street North Andover,Mass. 01845 ATTN: Mitch Re: 471 Andover Street,North Andover 477 Andover Street,North Andover Dear Mitch: Please enter the withdrawal of my appearance for the petitioners with respect to the two requests for variances,and the request for a special permit.William K.Barrett will handle the permitting process hereafter. �1(I�� — 5 0�' ��' ►� �6 -�3 cry truly yours, ' n Joseph V.Mahoney 0 C17 706 b 42 JUL 2 3 2003 �`" 3 so �P�� �,�s ��rd BOARD OF APPEALS J„n 09 03 11 :442 muRTH RMI]OVER 9786889542 p. 2 Town of Norton Andover �;��� Office of the Zoning Board of Appeal went and Services Camntuiuty Develop Divisionz ,, jaw 77 Charles Street Ce� North ArkdOvOr,Massachusetts 01845 p_Robert Nicetta Tetephottie(978)6W9-%l Fax (9n)6W9542 Building COmnW101'" Date 63 TO. Town of North Andover Zoning Board of Appel 27 Charles Street North Andover MA 41845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning,Board of Appeals to snake a decision regarding the granting of a Coj nMhensive rerrnit(40B) Finding for property located at: STREET:---,��,W. TOWN: -ro'U EETING DATEM: NAME OF PETITIONER: VW7 r4, Signed: Petitioner( Peaetitior's zepresentadve) WAIVFR Qo,id of Appeals 97l-683.9541 Building 978.488.9545 Cproervalion 978�$fl•9550 Fl.dth 978.698-9540 Pluming 978 688-9535 £0i201d 2TLT 289 M6 d�-1 A3NOHtiW Pup W31UH ev:80 £002-01-Nnr 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 11'"of February,2003 at 7:30 PM to all parties interested in the appeal of A&C Realty Trust,471 Andover Street,North Andover requesting a Variance from Section 7,Paragraph 7.3 and Table 2 for relief from front,side and rear setbacks; Section 8,Paragraphs 8.1.2&8.1.7 for relief of off-street parking regulations& Ansel Realty Trust,477 Andover Street North Andover requesting a Variance from Section 7, Paragraph 7.3 and Table 2 for relief of front and side setbacks; Section 8,Paragraphs 8.1.2& 8.1.7 for relief of off-street parking regulations;and a Special Permit from Section 9,Paragraph 9.2 in order to construct an addition to a non-conforming structure on a non-conforming lot. The said premises affected are properties with frontage on the West side of Andover Street within the B-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street,North Andover,MA,Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan,Chairman Published in the Eagle Tribune on January 27&February 3,2003. Legalnotice 2003-001. LAW OFFICES 127 TURNPIKE STREET NORTH ANDOVER,MASSACHUSETTS 01845-5095 www.hatemandmahoneylip.com VICTOR L. HATEM PHONE: (978) 685.3368 ALSO ADMITTED IN N.H. FAX: (978) 682-1712 JOSEPH V. MAHONEY PETER L. HATEM ALSO ADMITTED IN N.H., MAINE AND FLORIDA JOHN E. MAHONEY March 10, 2003 ALSO ADMITTED IN N.H. North Andover Board of Appeals 55 Charles Street North Andover, Mass. 01845 Re: Petition for Variance 477 Andover Street Dear Sir/Madam: Enclosed please find eleven (11) copies of each of the following: 1. Petition for Variance 2. Application denial 3. List of Abutters , 4. Joint Statement of Owners of 471 and 477 Andover Street 5. Memorandum 6. Site plan (scale is 1"=10' because 1'=40' supplied in previous submission proved impractical.) Please do not hesitate to contact me if further information is needed. Very truly yours, Jo Mahoney JVM/mmj Enclosures H:\G9000\9100\G9165\Ltrto Zba 477 Andover.doc p Qff9W . D MA R 1 .� 200 BOARD OF APPEALS Town of North Andover F N°RTH Office of the Zoning Board of Appeals ° ° `Y�=� �+ re.r . Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 4SSac�tus�� D. Robert Nicetta Telephone(978) 688-9541 Building Commissioner Fax(978) 688-9542 FAX TRANSMISSION TO: e .���► V �M tm ec, �.s� FAX NUMBER: CJ7�; fo46 1 � FROM: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover, Massachusetts 01845 FAX: 978-688-9542 PHONE: 978-688-9541 NUMBER OF PAGES./ a— DATE: SUBJECT: v ✓1 doveK D- 43 REMARKS: 1 C, 15 e t 'D ed �e,-vv+ �,pY % 5 � �7 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 9-77 TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS s' g Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6: SCHEDULING OF HEARING AND be submitted thirty 30 days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is incomplete. notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7: DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and.receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner,the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch. 40A sec. 17, within twenty(20)days Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing.The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information,the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest (abutters). IMPORTANT PHONE NUMBERS: �1 .b d i 04 1091r.- CD 978-688-9541 Zoning Board of Appeals Office D C'Fri : 978-688-9501 Town Clerk's Offil. = m 978-68 C BRil jin`Ci � �' a NIA O . w D ; - 3r'.`:`' N 2002 J tr.�H�a�h DEC 2 3 2002 MAR 1 0]A1-""]"J F�, �� S�,�., ,,.� ��„� BOARD OF APPEALS Page 2 of 4 Application for a 1/14RY��NCE Zoning`Board of Appeals 1. Petitioner: Name, address and telephone number: Ansel Realty Trust 477 Andover Street, North Andover, MA (978,) 1975-3355: '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 Ansel Realty Trust 4.77 Andover. Street, ..North.Andover, MA Years Owned .Land: . 13 years 3. Loeation�,of Property: a. Street: 477 Andover Street Zoning District 13-4 b. Assessors Map number_Lot Number: 30 c. Registry of Deeds: Book Number: `2969 Page Number: 224 4. Zoning Sections under which the petition,for the Variance is made. Section 8.,1,.2; 8.1.7 Table 2--setbacks and Section, 7.3 Dlus Table 2 for front and side setbacks `Refer to the Permit denial and Zoning By-Law Plan Review as supplied by the Building commissioner 5. Describe the Variance request 64 Setbacks are pre-existing nonconforming premises and structure; i1hcrease ,in on-site parking;, expand existing driveway. 'The above description shall.be used for the purpose of the iegel notice and decision. Amore detailed descnptlon 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-rhiiy result In a decision that does not address1he intent of the°applicant. The decision will be limited to the request:by th'e applicant and will notinvolve 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 Sp ces Front Side A Side B Rear A. 3. D 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 8775 . % 75 6 25 15 13 60 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 8775 25 % 75 9.5 25 15 13 60 oda 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 80000 25 % 200 16 50 50 50 50 T. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* 1029 2 1879 medical office '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* 1029 2, 2254 Medical Off -• -(Subject to Special _Permit) '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 Clerk's Office. It shall be the responsibility of the petitioner to fumish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and 1 ion. Failure to comply with_gpplication requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismi y the Zoning Boar appli as into SI nature Type above name (s) here 1 A , Trustee, Ansel Realty Trust Feb-06-02 02 :59P P_ 02 z M ' Zoning Bylaw Denial Town Of North Andover Building Department ' 27 Charles St. North Andover, MA.01845 Phone 978488-SM Fax 978-685-W2 Street MapA-ot: ,o V 3 T-- A -A ST— Re uQst: r'�xd �IGUr` a c�r �u>✓`� ,.,-� :�$oo arX�+.r��..� - - Ptoses be advised thin atter review of your Application and Plans that your Application is DENIED ror the Mlowing Zoning Bylaw reasons: Zoninq `l . Item " Not tttt Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Fronts a Insufficient 2 Lot Area Preexisting_, lie .) 2 FrontCora les 3 Lot Area Com les 3 Preftlsttng front 4 Insufficient Information 4 Insufficient Information B tilt¢ 5 No access over Frontage 1 Allowed G, i Contiguous Building Area N 2 Nat Allowed 1 Insufficient Area 3 Use ProWsUng 2 Complies _ _ 4 3 ial Pdrmit R urred Q.s �• 3 Preexists CBA 5 Insufficient Information 4 insufficient information C setback H Building Flplght t All setbacks comply t He tit Exceeds Maximum Z at Insufficient -t s 2 Com lies 3 Left Side lnsutf slant -IV 3 Preexists ti ' M b Right Side Insufficient '1 e S 4 Insuftclent information b Rear Insufficient I Building Coverage 6 Preexistl setbacks 1 COverage exceeds maximum 7 Insufflclent Information 2 Caverago Complies p Watershed 3 Coverage Preexisting 1 Not in watershed `- it.5 4 Insufficient Information 2 In Watershed d Sign A.)/Q 3 Lot prior to 1 tU945114 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies " 6 Insufficlant Information 3 Insufficlent Information E Historic District K Parking F' 1 In District review required 1 More Parldng RRquired Lie 32 Not In dlsulct � p ; 2 Palling Compiles 3 Insufficient Information 3 Insufticlent Information 4 1 Pre-existing Parkinp Refor the above is chocked below. nem it $ sial Permits Plannin board farm 8 Variance Site Plan Review Spoctal Permit C a, Setback Variance Access other UM Frontiaos Spedal Permit Parking Varbnos Firanti3ge iom.Lot Speciail Permit Lot Area Varhhr;,s Common Drfvbvva sPecw Permit Height Va tano Congregate fbtrai SRPenn Variance for Sign Continuing Came Retirement SpeeW Pwmit 806CW Permits Zoning Board In deril Elderty Housing Special Permit SPeeW Parrnit!�•Coe+taming Use ZBA Large Estate Condo 5 1 Permit lamb Removal Spedw Pernik Z9A Planned Ditbict S iaI Pdltmmit -special Permri clue not Listed but Similar Planned ReeidentiBl §dal Permit S scsirl Permit fbr 3l ' R-8 Denaity Special Permit Spacial P*m* noncontormirQ WrprtershedS Ebtat Permit o{ F y rv.}urL The above Wimw end attsotKd lmwbxOtlon Of Mich Is based on the pbat And;Wony etlon subwwAad- No defnif"rcvcw ane or adult&atretl be based an Yorb*195VIlanatimaby the appkarn nor4-A such verbal expierme0om by the appRca:t serf,to Provid*d--W ve answers to the above rmsans to DENIAL. Any Inaccuraoi-,mW-sd V mtormatton,or other aubsegtwd chinos to time mlonnatan vibmittad by the appitcant shat)be growmds for this mrrcw to be molded a the dtxrBdon of thv sullding Dpartment.Tne aKacbed docurnor t ttttod'Pbn Review Nerrattve"shall bo attached hereto and hcarpaated herein by referenoo. Tho bwkling deperanerd YAR robin dR plana end dowmentawn for the aba"fire.You must me anew bu Mng permit apok twi rorm and beam time perrnttft proccss. Burl�partmenrofficial Signature Appiioatmn Received Applieauon Denied Denial Sent:_-- If Faked Phone Number/Date: Feb-06-02 02 : 59P P. O3 Plan Review Narrative The tolioMnp narrative is provided to further explain the ryissons for denial for the applicationd permit for the property indlcated on the reverse site: 4 lig (9 I0 �] / i�1 (l�Y ✓('N �/I IJ/.`f'1 �T J7�L. -3Q]N l N L{_ V"4 nr d Nc'¢ �tl✓' dz� " v l t•L° ? v Ay , Referred To: Firs Hasan m pollae ning Board Conservation DePartment of Public Works PlOhnln _ Historical Commission GKAef BUILDING DEPT Town of North Andover North Andover, MA 01845 To: Members of the Zoning Board of Appeals RE: Request for Variance A. The particular use proposed for the land or structure: I am requesting a variance from the dimensional requirements for a driveway, to be shared with the property to the east, and from the number of parking spaces required by the bylaw. I also intend to raze an old cinderblock garage at the rear of properties which is now used to park three cars, with can accommodate only three vehicles, thus gaining more spaces. The current driveway is on my property. It serves as access to my office and the neighboring insurance company. It is only ten feet wide. The proposal is to increase it to 20 feet. The building that houses my medical office is more than 80 years old. The property and its use are preexisting and nonconforming. It would appear, then, that variances will be required. These variances are: 1. Driveway access 2. Number of parking spaces 3. Distance between parking rows; required is 25 feet,proposed is 24 feet 4. Yard set backs, as may be required B. For the circumstances related to conditions affecting the property for which the variance is sought which do not affect generally the zoning district in which the property is located. My neighbor and I have a tough parking problem. We each need more parking. We believe we can do to by increasing the number of spaces on both properties. In addition to our on-site parking we both share leased spaces in the parking lot of the North Andover Office Park. That's still not enough. The area is entirely without residential use. (At the nearby town line, in Andover there is at least residence.) The building to my west used to be a real estate office and now houses law offices. My neighbor to the east is an insurance company. Merrimack College is across the street and has property to the rear of us. Further to the east, on Rte. 114, are the two big office buildings known as the North Andover Office Park. C. Facts which make up the substantial hardship,financial or otherwise,which results from literal enforcement of the applicable zoning restrictions. I have had my medical office on this site for the past 13 years. The office building has been adequate,but the medical practice has grown. I wish to add to the office, without changing the footprint-- all of which is subject of a request for a special permit. The need for more parking has grown with the practice. It was never quite adequate, and now is very inadequate. If my neighbor and I can't get more parking in the current available space, for customer/client/employee parking, It may be necessary to uproot and relocate the practice, which I wish not to do. A Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. The premises are in an area entirely devoted to office use and collegiate purposes. I seek only to increase the number of parking spaces to the rear of my building(and the building next door) so that there will be little or no impact on the neighborhood. There would appear little likelihood, now or in the future,that there will be further development in the immediate area because of wetland considerations. H:\G9000\9100\G9165\Request for Variance--Idoc Joint Statement of Owners of 471 and 477 Andover Street,No.Andover We are neighbors and direct abutters. We share parking in the rear of our buildings for our clients and patients and staff. We share a 98-year lease—it ends July 20, 2087-- to 12 spaces in the adjacent North Andover Office Park. And we share access to our on-site parking. With this sharing, we also share two problems: • We need more parking; • We need better access. We want to add to our parking in the rear. What we have simply is not adequate. It's a constant source of friction between our staffs and our clients and patients. Both properties predate zoning, so are preexisting and nonconforming and nowhere meet current requirements, which is the major reason for these applications for variances. The parking plans provided with these applications may not provide enough spaces to meet current on-site parking requirements but with our leased spaces, parking should be adequate. In any case, any addition to the parking would be an improvement. We also want to double the width of the access driveway, from 10 feet to 20 feet. Zoning requires 25 feet,but there is not enough space for that. Again, anything would be an improvement, in terms of safety and access. We have a written agreement, to be recorded at the Essex North Registry of Deeds, which formalizes our sharing of parking spaces and driveway access, copies of which we would be happy to provide on request. H:\G9000\9100\G9165\Joint Statement of Owners of 471 and 477 Andover Street.doc Town of North Andover, Zoning Board of Appeals Parkes of Interest/Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable 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 24 30 Ansel Realty Trust 477 Andover St. No. Andover tts ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 24 28 No. Andover,,Office Park 451 Andover:'St. #335 25 13, 21, 67 Merrimack College Tbrnpike Street .24 31A& . R al_ty Tri st 471 Andover Street 24 29 Robert O'Neill 3 Radcliffe Dr. , An over, MAS 2 49 Patricia J. McNultym ree over THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: SIGNATURE DATEPAGE OF r. trtifie Date�3��.2 Board f o North Andover PLAN OF LAND IN y . NORTH ANDOVER, MASS. PREPARED FOR 4 �P ANSEL REALTY TRUST r SCALE. 1"=40' DATE.11/122002 Z 11/142002 0' 40' 80' 120' -ILL '7/LL 29 Scott L. Giles R.P.L.S. Frank. S. Giles R.P.L.S. BF NORTH ANDOVER OFFICE 50 Deer Meadow Road 5"E 75.00'. PARK L.P. North Andover, Mass. PR ASSESSORS MAP 24 PARCEL 28 AR ING — THE ZONING DIST. IS 9-C REALTY 1 BUSINESS DISTRICT 4. TRUST !?7 AREA SEE PLANS#11,620 AND 24 T75 S.F. �n BOOK 3013 #9336 AT THE N.E.R.D. PkGE 11, R TOTAL PROPOSED NEW PARKING R NG = = 19 SPACES STAIR ' SPACES PRESENTLY RENTED BY EXIST.W.F. ANSEL AND A&C REALTY TRUST. OFFICE #471 5' THIS IS TO CERTIFY THAT I HAVE CONFORMED N WITH THE RULES AND REGULATIONS OF THE U REGISTERS OF DEEDS IN PREPARING THIS PLAN W 59.86' L=16.03' R=1259.32' STREET ?TY LINES SHOWN ARE THE NG EXISTING OWNERSHIPS,AND IF STREETS AND WAYS SHOWN OF PUBLIC OR PRIVATE STREETS _READY ESTABLISHED,AND NO -OR DIVISION OF EXISTING OR NEW WAYS ARE SHOWN. PAGE 4 OF 4 VARIANCE _ ` t ""�# ; e^-52F �z S i�Y �T,�"t2yY,",.Wt� ^J+a �.x 4:Mn�'t„Y ��.#"•'��Y'Y+�L`"�:7""C.xc x v�.�.. ,� °� "!i�' „..^.e F7.`:.�'r~ �..�,.,v �" "�``"� 3�?,''t ,.:; . - .n+x, it;.bV^•57.c i� ,,5 3't#ii�, .,.,a•o-= `�" :..:r, '�..F.:t� .'§!F+3-.x-faftir.x..us.aia..�.i.q �3 ��r��r�r�+�'`.'ow. «M:.+�iiv.., sixn:!i �sx,... . .;4M°"�.. .:xa 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 ,s1. North point each of the following points individually is required with this 2. zoning district (s) application. ,i3. names of streets 4. wetlands to be shown on plan (if applicable) A. The particular use proposed for the land or structure. 5. abutters of property,within 300 foot radius B. The circumstances relating to soil conditions, shape or 6. location of buildings on adjacent properties within topography of such land or structures especially 50'from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend &Graphic Aids: which the property is located. 1. Proposed features in solid lines&outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise, which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. 6. Names/addresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and . bylaw. topographic information. A set of building elevation and F. Submit RDA from Conservation Commission when interior of building plans shall be required when the Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. a proposed change in use. Elevation plans for minor projects including decks, sheds, &garages shall be 10. Plan of Land included with a side view depicted on the plot plan, Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must 11. APPLICATION FILING FEES be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to A. Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals. certified-mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps (appropriate Major projects are those which involve one of the following current postage)for mailing of decisions to all whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch. 40A, spaces, b) three or more dwelling units, and sec. 11 as listed on the application. ZBA Secretary c) 2000 square feet or more of building area. will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one (1)set of addressed 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. required C. Administrative fee of$50.00 per application. 10 B. Plan Specifications: a) Size of plan: Ten (10) copies of a plan not to exceed 11"x17", preferred scale of 1"=40'. A Variance once granted by the ZBA will lapse in b) Plan prepared by a Registered Professional Engineer one (1)year if not exercised and a new petition must and/or Land Surveyor, with a block for five (5) ZBA be submitted. signatures and date indicated on mylar. TOWN OF NORTH ANDOVER SPECIAL PERMIT ' 77 ZONING BOARD OF APPEALS O URE and REQUIREMENTS STEP 6: SCHEDULING OF HEARING AND for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules a SPECIAL PERMIT the applicant for a hearing date and prepares the legal Ten (10) copies of the following information must notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is be submitted thirty (30) days not later than noon notified that the legal notice has been prepared and the prior to the first public hearing. Failure to submit cost of the Party in Interest fee. the required information within the time periods prescribed may result in a dismissal by the Zoning STEP 7: DELIVERY OF LEGAL NOTICE TO Board of an application as incomplete. NEWSPAPER/PARTY IN INTEREST FEE: The information herein is an abstract of more specific The petitioner picks up the legal notice from the Office requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication. are underlined will be completed by the Town STEP 1: ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING The petitioner applies for a Building Permit and BOARD OF APPEALS: receivers a Permit Denial form completed by the The petitioner should appear in his/her behalf, or be Building Commissioner. represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner, the Board shall decide on the matter by using Petitioner completes an application form to petition the the information it has otherwise received. Board of Appeals for a Special Permit. All information STEP 9: DECISION: as required in items 1 through and including 11 shall be After the hearing, a copy of the Board's decision will be completed. sent to all parties in interest. Any appeal of the Board's Step 3: PLAN PREPARATION: decision may be made pursuant to Massachusetts Petitioner submits all of the required plan information as General Laws ch. 40A sec. 17, within twenty (20) days cited in item 10 page 4 of this form. after the decision is filed with the Town Clerk. STEP 4: SUBMIT APPLICATION: Step 10: RECORDING CERTIFICATE OF DECISION Petitioner submits one (1) original of all the required PLANS. information and 10 xerox copies to the ZBA Secretary. The petitioner is responsible for recording certification of The original will be stamped by the Town Clerk the decision and any accompanying plans at the Essex certifying the time and date of filing. The remaining ten County North Registry of Deeds, Lawrence copies will remain at the office of the Zoning Board of Massachusetts, and shall complete the Certification of Appeals secretary. Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required N `_ information, the petitioner requests from the Assessors a c OfficO TeMfip Ust*fP es in Interest (abutters). MAR 1 2002 "�' �r-x>•C arnor-, D BOARD OF APPEALS w ' IMPORTANT PHONE NUMBERS. 978-688-9501 Town Clerk's Office 0 c t` NV 978-688-9545 Building Department �i 3 i;l F 1,101 978-688-9541 Zoning Board of Appeals Office DEC 2 3'"�'0 �'�"i BOARD OF APPEALS Page 3,of 4 Application for a SPECIAL PERMIT NORTH ANDOVER ZONINGS BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sg. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 8775 N/A % 75 6: 75 15 13 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 8775 N/A N/A_% 75 9 . 5 75 15 13 50 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 80, 000 35 % 200 16 50 50 50 50 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building` of Units 1029 2 1879 medical office 1 *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 1029 2 2254 medical office 1 '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 Boa Mesa egulatio y res in a dismissal by the Zoning Board of this application as incomplete. Signature Type above namere �DaidA. �A.sel , M.D. Trustee , Ansel Realty Trust Feb-06-02 02 : S9P P . Oz Zoning Bylaw Denial Town Of North Andover Building Department 27 Charles St, North Andover, MA.01845 Phone 97&488-9549 Fax 973-6b3-8542 Request'. 63N4PW a 0+ -.0. `L =;z :�.ia?r Date: �`- Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Item Notes !tern Notes A Lot Area F Frontage 1 Lot area lnsuffro{er t 1 Froatn•a Insufficient 2 Lot Area Pmexisting K e 2 FmnINR Cornplies 3 Lot Area Complies S Preeudst "age -10- 5 4 Insufficient Information 4 Insufficient Information B U" 5 No access over Fixintage 1 Allowed G Contiguous Building Area /v n 2 "Allowed 1 insufficient Area 3 Use Preexisting 2 Complies 4 3 ial Permit R uk-ed P. a. 3 Preexislt C&A_ 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 I All setbacks comply 1 Height Exceeds Maximum 2 1 Front Insufficient y 5 I Complies 3 1 Left Side InsuffielMtt -Sc S 3 Preexisting H . ht 4 1 Right We Insufficient e S 4 Insufficient Information W r.5 6 Rear Insufficient I Building Coverage 6 Preexist+ setbacks f Coverage exceeds MSDamum 7 Insufficient information z Coverago Coiriplres D Watershed 3 Coverage Preexisting 1 Riot in Waterstfed 5 4 Insuffuaent Information 2 In Watershed d Sign A.)/Ch a Lot prior to 10/24/94 1 Sign not alkwred 4 Zone to be Determined 2 Sign Complies S Insufficient Informatlon $ Insufficient Information E Historic Distrkt K Parking 1 In District review required t More Parki RRquired 9 e 2 Not in district 5 2 Parkin Compiles 3 Insufficient Infomation 3 Insuf dent Information 4 Pre exi5tin Parksno RomedY for the above is checked below. main 0 $13ficlal Permits Planning Board t6m- X Variance f5-kj Site Plan Review Lal Permit C A13N, Se#bectr Variance Access other than Fron Special Permit Parking Variance F e {on Lot Permit i ct Area Varlancr Common DrlveNra Special Permit Haight Variance Conaragate HOURJ22S . Def ft Variance for ftn Conttnuino Gate Retirement Special P*Mlt 8POciall Permits Zoning Bound Indewdent EW hbusin 3 fat Permit Special Perms Non Corforrrt US*ZBA Lar a Estate Condo S Permit Earth Removal S Perrnit ZSA Planned OWbiet S Fal Permit Sal Pemn2 Liao not Listed but Similar Planned Residential Permit Si Perritt f 6$1 R-b Density Special Permit SPOMI PCMA preocisting nonconforrnl Watershed Special Permit Qt }'r rum}urG Fix Above review and attached dkpkAVdion or ellen IS based m the phen And wK"r MM aubn fb& No definitive rcvi,-w one or adyke ahab ba based at verbal wgbx*a umm by me apprcam rwr sW such verbal eTwmoom by Lha apples sere to provide dewIve answers to the abmo res tar DENIAL. Any inacwracios.MW-dhg IrHorrrraron,or otter aubseWwd changes to the mtormetim sobrnHtad by thin appi ow shall be grounds for this mvicw to be vowd at the dlscrown ott w Building Dewrrment.The attached docurnent tltlod'Plan Review Narrative°shall bo 4howd harsto and hoorpmmed herein by reference- TIM Wideng depermernt wilt retain Aft pipni end docurnentatbn for the above file.you must Ma,3 new building pe-ft rappli 190 Writ and begin me permhtirg proecss, t C 84+1rn oe artmentOfficinl Signature D iicpticn Received - t3 P - 8 PP Appiicatton Denied Denial Sent:_-._ If Faxed Phone Numher/Date: Feb-06-02 02 -- 59P P . 03 Plan Review Narrative The following narrative Is provided to further explain the reasons for denial for the appiicationt permit for the property indicated On the reverse We! ti. . d �� ..-f-/fJ��'"Z���r•rr.. T _ /!�i- `'�'�1�° c l�/7•r'C�'S1/u n1 �,r s c•A fir•/r r o�. Ja f�-�-�/Y'~�//14!N lav p r7!` Referred To: Firs HBstth P011ce _ Zoninn Board Conservation Department of Public Works Ponnln _ Historical Commission Other BUILDING DEPT Town of North Andover North Andover, MA 01845 To: Members of the Zoning Board of Appeals RE: Request for Special Permit A. The particular use proposed for the land or structure: I request a special permit to alter my medical office building by constructing a second- floor addition above an existing first-floor office and a two-floor addition in the rear above what is now a porch. There would no change in the footprint of the building.. B. Circumstances related to conditions affecting the property for which the special permit is sought which do not adversely affect the zoning district in which the property is located. My office building is a preexisting, nonconforming structure. I need to expand it to accommodate my growing medical practice by adding to it, as set forth above. All other nearby buildings are devoted to office use. The side addition will be observed from the street only as a second-floor where there had once been a hip-roofed extension of the structure. The rear addition will not be seen from the street. These additions would be in conformity with those neighboring buildings, and in harmony with the general purpose and intent of the zoning bylaw. The resulting increase in space would be about 17 percent, which is of course less than the 25 percent allowed by the bylaw. C. Facts which make up the hardship which would result if the special permit is not granted in accordance with the zoning bylaw. The site is an appropriate location for the planned expansion. The building been my medical office for the past 13 years. The additions would give us more internal space for additional examining rooms and office space. There will be no nuisance or serious hazard to vehicles or pedestrians. Currently we're bursting at the seams. I fear that if we can't expand, I may not be able to stay at that location. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. The premises are in an area entirely devoted to office use and collegiate purposes. Merrimack College is right across the street. The North Andover Office Park—two large office buildings and considerable parking--is about 100 feet away. There are no homes in the immediate area. HAG9000\9100\G9165\Request for SP.doc Town of North Andover, Zoning Board of Appeals Parties of Interest/Abutters Listing REQUIREMENT: MGL 40A, Section 11 states.in part Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable 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 24 30 Ansel Realty Trust 477 Andover St. , No. Andover tts ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 24 28 No. Andover,.Office Park 451 Andover_•St. #335 25 13, 21, 67 Merrimack College Turnpike Street .24 �1 A&C Realty Trust 471 Andover Street 24 29 Robert O'Neill 3 Radcliffe Dr. , An over, MA 2 49 Patricia J. McNulty 200 Eim Street, AnC5ver—, MA TE IS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIGNATURE PAGE OF Crtified b �4 Dated /06) Board&Ass North Andover �PttF! �o 0 1 No. NORTH ANDOVER ROBERT J, BOARD OF APPEALS ASSESSORS MAI N 41*45'05"E 75.00' N4 --EIl LOC, P OP. G E PA KIAG r z NSEL FEALTY T RUST- ROBERT J. O'NEILLLO SSREA Co ASSESSORS MAP24 ASSES, ASSESSORS MAP 24 DEED BOOK 2M PARCEL 3D PA -N PAGE 224 PARCEL 29R P I EXISTING B CONC. L — AND P NG AR NG — — sraRs DATE OF FILING: EXIST. W.F. . n v, EXIST.DWELL. To OFFICE DATE OF HEARING: #477 N m of DATE OFAPPROVAL: C? 5' �o 36' 1 m c C7I C S 41°45'05"W 75.00' . S`411 ANDOVER UST OF ABUTTERS THE PI MAP PARCEL NAME ADDRESS LINES 24 28 NO,ANDOVER OFFICE PARK #451 ANDOVER STREET#355 THE LI 25 13,21,67 MERRIMACK COLLEGE TURNPIKE STREET ARE TI 24 31 A&C REALTY TRUST #471 ANDOVER STREET OR W) 24 29 ROBERT O'NEILL #3 RADCLIFFE DR.,ANDOVER NEW L 2 49 PATRICIA J. MCNULTY #200 ELM ST.,ANDOVER OWNE z32002 UO pomm TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING BOARD OF APPEALS PROCEDURE and REQUIREMENTS STEP 6: SCHEDULING OF HEARING AND for FILING an APPLICATION for PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules a SPECIAL PERMIT the applicant for a hearing date and prepares the legal Ten (10) copies of the following information must notice for mailing to the parties in interest (abutters) and be submitted thirty (30) days not later than noon for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the prior to the first public hearing. Failure to submit cost of the Party in Interest fee. the required information within the time periods prescribed may result in a dismissal by the Zoning STEP 7: DELIVERY OF LEGAL NOTICE TO Board of an application as incomplete. NEWSPAPER/PARTY IN INTEREST FEE: The information herein is an abstract of more specific The petitioner picks up the legal notice from the Office requirements listed in the Zoning Board Rules and of the Zoning Board of Appeals and delivers the legal Regulations and is not meant to supersede them. Items that notice to the local newspaper for publication. are underlined will be completed by the Town. STEP 1: ADMINISTRATOR PERMIT DENIAL: STEP 8: PUBLIC HEARING BEFORE THE ZONING The petitioner applies for a Building Permit and BOARD OF APPEALS: - receivers a Permit Denial form completed by the The petitioner should appear in his/her behalf, or be Building Commissioner. represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the STEP 2: SPECIAL PERMIT APPLICATION FORM: petitioner,the Board shall decide on the matter by using Petitioner completes an application form to petition the the information it has otherwise received. Board of Appeals for a Special Permit. All information STEP 9: DECISION: as required in items 1 through and including 11 shall be After the hearing, a copy of the Board's decision will be completed. sent to all parties in interest. Any appeal of the Board's Step 3: PLAN PREPARATION: decision may be made pursuant to Massachusetts Petitioner submits all of the required plan information as General Laws ch. 40A sec. 17, within twenty (20) days cited in item 10 page 4 of this form. after the decision is filed with the Town Clerk. STEP 4: SUBMIT APPLICATION: Step 10: RECORDING CERTIFICATE OF DECISION Petitioner submits one (1) original of all the required PLANS. information and 10 xerox copies to the ZBA Secretary. The petitioner is responsible for recording certification of The original will be stamped by the Town Clerk the decision and any accompanying plans at the Essex certifying the time and date of filing. The remaining ten County North Registry of Deeds, Lawrence copies will remain at the office of the Zoning Board of Massachusetts, and shall complete the Certification of Appeals secretary. Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. 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). r7l c-D n c] � Z M Nc- W 't'L r -r- CDCD CD,-7 C" s '. ..z 1" r r ;.,.,� t m ,. 2' €* r r '.. .• -..-z 'mc" r n IMPORTANT PHONE NUMBERS: p! i 978-688-9501 Town Clerk's Office D ' 978-688-9545 Building Department ��� 2 3 2002 978-688-9541 Zoning Board of Appeals Office BOARD OF APPEALS Pe:hof 4 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" Sg. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 8175 N/A % 75 6:. 75 15 13 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 8775 N/A N/A_% 75 9 . 5 75 15 13 50 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 80, 000 35 % 200 16 50 50 50 50 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units 1029 2 1879 medical office 1 *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 1029 2 2254 medical office 1 *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 Boo egulatio y res in a dismissal by the Zoning Board of this application as incomplete. Si nature Type above name (4're David 7Ansel , M.D. Trustee , Ansel Realty Trust Town of North Andover, Zoning Board of Appeals Parties of Interest./Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner.as they appear on the most recent applicable 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 24 30 Ansel Realty Trust 477 Andover St. , No. Andover, .—setts ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 24 28 No. Andover,Office Park 451 Andovers:�St. #335 25 13, 21, 67 Merrimack College Turnpike Street 24 31 A&C Realty Trust 471 Andover Street 24 29 Robert O'Neill 3 Radcliffe Dr. , An over, MA 2 49 Patricia J. McNulty 200 Eim ree , over, THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE SIGNATURE PAGE OF Certified b Date��} Board As o North Andover a Page 3 of 4 Application for a VARIAN 5�CE Pl��.. ,,.,-,....�h.�eswr+w_,.,�.d.3.�...,,�,;�xa�Ai• ...,�..,�.�are°.�.aa�tw.. a�.�ka`-s�3< .,. ._. r.,.�s....�?"naar_a�,a•rme�e���:�: ....,,�;dwa �� z .,r „'�.��u. 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 8775 % 75 6 25 15 13 60 ; 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 8775 25 % 75 9.5 25 15 13 60 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 80000 25 % 200 16 50 50 50 50 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building` 1029 2 1879 medical office '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" 1029 2. 2254 Medic-al Of f '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 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 Ication. Failure to comply with_aplAicabon requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismi y the Zoning Boar appli as Inco e. SI nature Type above name (s) here 1 A , Trustee, Ansel Realty Trust TOWN OF NORTH ANDOVER VARIANCE `< �RT ZONING BOARD OF APPEALS _ a:.� ..,.'�..a.,.......x,.....,�3^ _� za. z,..._ra.�c.. •�.7�"A e.S.__.z,...,..,.....v.:::.�':.,., .,a.'.Y � u,....�a :''°`..a.. ....w...<..•.. ........ .......:�.r�'S:.r'it ..a.;.....;°z� % p_ Procedure & Requirements For an Application for a Variance Ten (10) copies of the following information must STEP 6:SCHEDULING OF HEARING AND be submitted thirty U days prior to the first public PREPARATION OF LEGAL NOTICE: hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal dismissal by the Zoning Board of an application as notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is incomplete. notified that the legal notice has been prepared and the The information herein is an abstract of more specific cost of the Party in Interest fee. requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. Items that STEP 7• DELIVERY OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and.receives notice to the local newspaper for publication. a Permit Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petitioner, the Board shall decide on the matter by using completed. the information it has otherwise received. Step 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: SUBMIT APPLICATION: General Laws ch. 40A sec. 17,within twenty(20)days Petitioner submits one (1) original of all the required after the decision is filed with the Town Cleric. information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and date of filing. The remaining ten PLANS. copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of Appeals secretary. the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of information,the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest (abutters). IMPORTANT PHONE NUMBERS: W Eli 978-688-9541 Zoning Board of Appeals Office D o r-rl C-_)f--' 978-688-9501 Town Clerk's Office 978-688-9545 Building Department D DEC 2 3 2002 D w BOARD OF APPEALS i Page 2 of 4 Application for a - • $ice ... .. '�". ,' � -. Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: Ansel Realty Trust 477.Andover Street, North Andover, MA (978), ,975-3355 '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 ovVnership Ansel Realty Trust 477 Andover Street, North,Andover, MA Years &w; dLand- . 13 years 3. Lobatiotv�of Property: a. Street 477; Andover Street Zoning District 8-4 b. Assessors Map number24 Lot Number: 30 c. Registry of Deeds: Book Number 2969 Page Number: 224 4. Zoning Sections under which the petition'for the Variance is made. Section 8.:1,.2; 8.1.7 Table 2--setbacks and Section, 7.3 lus Table 2 for front and side setbacks 'Refer to the Permit'Deniai and 4oning By--Law Plan Review as supplied by the Building Commissioner 5. Describe the .Variance request Setbacks are .pre-existing nonconfoxm.ing.premises and structure; increase ,in on-site parking;, expand existing driveway. 'The above description shall be used for the purpose of the.legal notice and decision. A more detailed descrn tion Is r wired Zoning.Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describehe requestm4;nt to the ay result in a decision that dales not addeeas4he ntent of the applicant. The ileclsion 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. - 3. % Feb-06-02 02 : 59P P_ 02' h ' Zoning Bylaw Denial Town Of North Andover Building Department ' 27 Charles St. North Andover, MA.01"5 Phone 978483450 Fax 973-6ti0-9542 Map/L ot: :o v '30 RB U@St r'�xt! CI�n S cr �u.i`L rz :� Eor acX�ei+�a•� _ Date: please be advised ftt after review of yotir Application and Plans tfldt your Application is DENIED for the following Zoning Bylaw reasons: Zoning_ Item J_ Notts Irwin Notes A Lot Area F Frontage- 1 Lot area Insuffcient 1 Frontage Insufficient z Lot Area Prmexlstl (e •� 2 FrontNe Complies 3 Lot Area Complies 3 Preexist!ng front a �1 S 4 InsuffCient Information 4 Insufficient Inforrmatlom B Ulf! 1i No acres over Frontage 1 Allowed fy Contiguous Building Area rV 2 Not Allowed 1 Insufficient Area 3 use Prowdsflnq 2 Complies _ 4 3 ial Permit R utred o.s e• S PreexistingCRA- 5 Itrsufflcient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply t I Height Exc*eds Maximum 2 Front Insufficient -t 5 Y 1 Com ties 3 Left Side Insuf efent '9 zS 3 Preeidsting H " ht 4 Right Side Insufficient Lie S 4 Insufficient information y e.S 6 Rear Insufficient I Building Coverage 6 Preextstfm ck setbas 1 Coverage exceeds ma)dmum 7 Insufficient Information 2 Coveritgo Complies p Watershed 3 Coverage Preexisting �i a 1 Not in watershed ` e-5 4 Insufficient Information 2 In Watershed J Sign WC, 3 LotpriortoloUAW 1 sign not allowed 4 Zone to be EMafmined 2 Sion Complies 5 Insufficient Information 3 Insufficient Information E Historic Dititrkt K Parking 1 In District review required 1 More Parks R uired e 2 W In district P ; 2 Parking Complies 3 Insufficient information 3 Insufficient Information 4 Pre- ing Parking Retar the above is checked below. tram rf $ elal Permits Plarnin Board tbm s Variance Site Plan Review ►el Permit C a, Setback Variance Access other!man Fmon e 6 ' Perrn>Y Park' Variance MMP e ion Lot Permit Lck Area varfafu� "M 3 ' Permit ht Variance Con ate HMM special Pennft Variance Mr Sign ContlnUIM Care Ra iremerrt Special Ptrmlt f3 al Permits Zoning Bowel IndsPendent EM Homina Special Permit . lferrnit!vbn-Canro;rnft Use M Lar a Estate Condo S I Permit Earth Removal Special P*fnrtt Z5A Planned Dwoeloprumd DWbict SpqCW F36"It Special Permit U56 60 UAW but similar Planned Resi laniial ' Pefmlts �Mul Permh for$I R-6 Dene P9tmlt S I Perm$ tin nonomform i Watershed SpecialPermlt Q} fyrv�}urs The above mvIew and attached expltwoaion of such Is based on the plans Aro Woormatlon submitted No definitive rcvtw and of advice"be based on vrrrki'I gaapHona by the 9PPrkvA rear 4a such vdbm a"rima by the appy sal•to PrOVide deM We aMWOM tO the atx>w ransoms tar DENIAL. Any inacwracias.mW66"Information,or dhar aubaeguert changes to the trurormatton sub nWad by the applicant shall be grounds for this mview to be voided at the dlaerBWn or thin BulkDng DapartmeM.The atWhed documarrt VW•Pf*n Review t4wmlW shall bo attached hereto and incorporated herein by rereremoa_ Tho PWkBng depenmetd vat ratan idl plbna and decurnmtation for the abwo fie.You mtw rile a new bulkiing Permit apox-atiorr remit end begin the permfHGg procczs, Suil ing De artmenlrOfficial Signature Application Received Applleatfon Denied Denial Sent _„_ If Faxed Phone Number/Date: rab-06-02 02 = 59P P . 03 Plan Review Narrative The following narrailve is provided to further explain the reasons for dental for the application! perMft for the property irtidlaated on the reveMe Side' 1111�1q!11 Mill 1 M- MR11, [> ! �� Q/GN-,('UnJliy/•I�(�vLli �lc��' �-+�W �_�TPG /moi Ir'I-!/UJ/I'r°!A /l).,i,i. o Jr D r /f t)e r r J.)��1L//` a ,.,/n�cA �j'//? eo- `).d J -Y(�P Vdnrawe, ¢ rc sz.v f P/�Jf Referrer!To; RM Heatth PoI1Ce Zon-mri Board Conserrauon Dent of Public Works Plthhln — gpartmKstoricel Commission Other BUILDING DEPT Town of North Andover North Andover, MA 01845 To: Members of the Zoning Board of Appeals RE: Request for Variance A. The particular use proposed for the land or structure: I am requesting a variance from the dimensional requirements for a driveway, to be shared with the property to the east, and from the number of parking spaces required by the bylaw. I also intend to raze an old cinderblock garage at the rear of properties which is now used to park three cars, which can accommodate only three vehicles, thus gaining more spaces. The current driveway is on my property. It serves as access to my office and the neighboring insurance company. It is only ten feet wide. The proposal is to increase it to 20 feet. The widening will improve traffic flow in and out of our parking lot and thus prevent vehicles stopping and waiting on Andover Street for others to exit, thus improving public safety. The building that houses my medical office is more than 80 years old. The property and its use are preexisting and nonconforming. It would appear, then, that variances for the front and side setbacks will be required. B. For the circumstances related to conditions affecting the property for which the variance is sought which do not affect generally the zoning district in which the property is located. My neighbor and I have a tough parking problem. We each need more parking. We believe we can do to by increasing the number of spaces on both properties. In addition to our on-site parking we both share leased spaces in the parking lot of the North Andover Office Park. That's still not enough. The area is entirely without residential use. (At the nearby Andover line there is at leastl one residence.) The building to my west used to be a real estate office and now houses law offices. My neighbor to the east is an insurance company. Merrimack College is across the street and has property to the rear of us. Further to the east, on Rte. 114, are the two big office buildings known as the North Andover Office Park. C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions. I have had my medical office on this site for the past 13 years. The office building has been adequate, but the medical practice has grown. I wish to add to the office, without changing the footprint-- all of which is subject of a request for a special permit. The need for more parking has grown with the practice. It was never quite adequate, and now is very inadequate. If my neighbor and I can't get more parking in the current available space, for customer/client/employee parking, It may be necessary to uproot and relocate the practice, which I wish not to do. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. The premises are in an area entirely devoted to office use and collegiate purposes. I seek only to increase the number of parking spaces to the rear of my building (and the building next door) so that there will be little or no impact on the neighborhood, and to improve access by widening the driveway. There would appear little likelihood, now or in the future,that there will be further development in the immediate area because of wetland considerations. H:\G9000\9100\G9165\Request for Variance--Idoc PAGE 2 OF 4 Date &Time Stamp Application for a SPECIAL PERMIT ,:. n-- """'?*y --' i ��".�«..",,.�,.,� m •^zAa'e«�` r.e, �, � �''�� �i - £ �`" '�� ��°���� s'".�.. '«sem` „uc...<>, ...;<z: „a.,,,c...t�......�,..a,_.;.::�.�.a.,a,.,.:.•`.�z:;s_..vr,Ca..._F..rr,...u.,:....�.......,.,.�r., *._,a.,� ,......r...::�:,+m...s,.,...,.._. ..........,;-.nm.'�:�,. .t,..,.. ,...w,...,.s'.�,,.-.::...:tka_...�..,...�......«,:� ._... .............k North ANDOVER ZONING BOARD OF APPEALS -------------------- 1. Petitioner: Name, address and telephone number: Ansel Realty Trust :477 Andover Street, North Andover 978-975-3355 "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: Ansel Realty Trust 477 Andover Street, North Andover, MA 01845 13 years Years Owned Land: 3. Location of Property: a. Street: 477 Andover Street Zoning District B4 b. Assessors: Map number 024.0 Lot Number: 30 c. Registry of Deeds: Book Number 2969 Page Number: 224 4. By-Law Sections under which the petition for the Special Permit is made. Section 9.2 *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: See narrative on pre-existing nonconforming lot and structure. "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 fora VARIANCE 4a`' Mse � d �s*' �' Sra �`Ivrt �u '- . .dS� .M1 .n�cNlisw'1Cva+' '.y.. +-�s ��k+'�a..,a:.3''mS; z a,,. _�c<.ta` '.u.<•`. 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 8775 % 75 6 25 15 13 60 , 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 8775 25 % 75 9.5 25 15 13 60 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 80000 25 % 200 16 50 50 50 50 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 1029 2 1879 medical office *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* 1029 2. 2254 Medical Offjb6d­(Subject to Special Pexmi.t) *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 fled 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 I ion. Failure to comply with a ication requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismi y the Zoning Boar ' appli as Inco e. Signature Type above name (s) here 1 A , Trustee, Ansel Realty Trust Page 3 of 4 Application for a VARIANCE \ v ' y,.§',� M ,? k .� `��, ^t`esx'" i .,,. '4 a'n r,.., a`� .��•�" 9 � °n �°�'` :c� �- u i..K,.,.._,..n.F.J.�.r•> ``.w+"�.-.., ..�..a�x Ta,,�k..E,b.. .._..w�..y� '�'„«w=...^.w.:u�,.k r;.$�.'��aS`"1..+Y.P ..,�K7:.�.x,rs,Gk��s ,..«.`ki..,e+ff�.xw�`.m..+��a1.§w»1",�''zcA�X 3Z� .,r.''�,v�.aa:, �.,&�h��.�i"_..a v�z�':f.3s,L'�. ;,_- Zoning Bo d of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot et Back' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A S' e B Rear 8775 % 75 6 25 15 13 60 i c. Proposed Lot (S): Lot Area Open Space \ent Lot Frontage Parking ' inimum Lot set Back Sq. Ft. Sq. Ft. Cov�age Feet Spaces Front Side A Side B Rear 8775 25 % 75 9.5 25 15 13 60 d. Required Lot: (As require by Zoning By-Law) Lot Area Open Space Percent Lot ntage Parking Minimum Lot set Back` Sq. Ft. Sq. Ft. Coverage F t Spaces ront Side A Side B Rear 80000 25 % 200 16 50 50 50 50 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building` 1029 2 1879 medical of ice 'Reference Uses from the Zoning By-Law.State number of u/nits building. b. Proposed Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building 1029 2. 2254 Medi -al Of f::-ate -. 'Reference Uses from the Zoning By-Law.State numrthisform building. 8. Petitioner and Landowner si. $): Every application for a Variance shall be madehich 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 responsibilityer to fumish all supporting documentation with this application. The dated copy ofthis application received by the Town Clerk or the Zoningeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and I ion. Failure to comply with a ication requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismi y the Zoning Boar appli as inco e. Si nature Type above name (s) here i A , Trustee, Ansel Realty Trust Pabe3of4 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 Sg. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 8175 N/A % 75 6: 75 15 13 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 8775 N/A N/A—% 75 9 . 5 75 15 13 50 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 80 , 000 35 % 200 16 50 50 50 50 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building` of Units 1029 2 1879 medical office 1 *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 1029 2 2254 medical office 1 *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 Boa ule egulatio y res in a dismissal by the Zoning Board of this application as incomplete. Signature Type above name re David A. Ansel , M.D. Trustee , Ansel Realty Trust Town of North Andover North Andover, MA 01845 To: Members of the Zoning Board of Appeals RE: Request for Special Permit A. The particular use proposed for the land or structure: I request a special permit to alter my medical office building by constructing a second- floor addition above an existing first-floor office and a two-floor addition in the rear above what is now a porch. There would no change in the footprint of the building.. B. Circumstances related to conditions affecting the property for which the special permit is sought which do not adversely affect the zoning district in which the property is located. My office building is a preexisting, nonconforming structure. I need to expand it to accommodate my growing medical practice by adding to it, as set forth above. All other nearby buildings are devoted to office use. The side addition will be observed from the street only as a second-floor where there had once been a hip-roofed extension of the structure. The rear addition will not be seen from the street. These additions would be in conformity with those neighboring buildings, and in harmony with the general purpose and intent of the zoning bylaw. The resulting increase in space would be about 17 percent, which is of course less than the 25 percent allowed by the bylaw. C. Facts which make up the hardship which would result if the special permit is not granted in accordance with the zoning bylaw. The site is an appropriate location for the planned expansion. The building been my medical office for the past 13 years. The additions would give us more internal space for additional examining rooms and office space. There will be no nuisance or serious hazard to vehicles or pedestrians. Currently we're bursting at the seams. I fear that if we can't expand, I may not be able to stay at that location. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. The premises are in an area entirely devoted to office use and collegiate purposes. Merrimack College is right across the street. The North Andover Office Park—two large office buildings and considerable parking--is about 100 feet away. There are no homes in the immediate area. HAG9000\9100\G9165\Request for SP.doc j y Page 2 of 4 ` E Application for a VARI NC Zoning'Boa'rd of Appeals 1. Petitioner: Name., address and telephone number: Ansel -Realty Trust 477 Andover Street., North Andover, MA . ,:(978), ;975-3355; *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: ;Ansel Realty Trust 4.77 Andover Street, North.Andover, MA Years`Owned'Land:. 13 years I Locatiotilbf Property: . a. Street: 477 Andover street Zoning District 8-4 .b. Assessors: Ma number 24 P Lot Number: 30 C. Registry.of Deeds: Book Number 2969 Page.Number: 224 4. Zoning Sections under which the petition,for the Variance is made. Section 8.1,.2; 8.1:7 . Table 2--setbacks and Section,.7.3 Plus Table '2 for front and side setbacks 'Refer to the Permit beniai and oning By-Law Plan Review as supplied by the Building Commissioner 5. Describe the .Variange request Setbacks ale pre-existing nonGonforining:premises and structure; increase ,in on-site parking;, expand existing driveway. 'The above description shall be used for the purpose of the.legai notice and decision. A more detailed descripUon'is rgqultied pursuant to the Zoning.Board Rules and Regulations as cited on page 4 of this appllcitlon.Failure by the applicant to clearly deicrlbe the request-rrtay result in a decision that does not addresrtheantent of the'applicant. The decision will be limited to the request':by th'e applicant and will not involve additional items not included above.- 64, 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. - 3. % Feb-06-02 02 : 59P P. 02 "• Zoning Bylaw Denial Town Of North Andover Building Department ' 27 Charles St, North Andover, MA.01645 Phone 978.688-950 Fax 978-6 -9$42 MaplLot: •�5I •3C� A 1leant: S� `'e<i/ T. - f, s -5� Re lr@at: c�N d (:�Lt7e w1 c r o J` :,4 eye a 4-6..r Date'Please be advised that after review of your Application and Plana ttldt your Application is DENIED for the following Zoning Bylaw reasons: Zoning 3 -`-1 Item Notes Item Nai®s A Lot Area F Frontage 1 Lot area Insufficient i Frorlte a Insufficient Z Lot Area Preexlstl •� 2 Front a Complies 3 Lot Area Complies 3 Proeuist frontage 4 Insufficient Information 4 Insufficient Information B Use • S No access over Frontage 1 Allowed G Contiguous Building Arca 2 Not Alloyed 1 Insufficient Area 3 Use Frpoxisn 2 Com ties _ 4 3 ial Pdrmit R aired f.S a. 3 Preexisting CBA b Insufficient information 4 Insufficient Information C Setback H Building Hplght 1 All setbacks Com t Me' ht Exc*edS Maximum 2 Front Instdffiderd y s 2 Complies 3 Left Side Insut -1 e 3 Preexist) f f . M4 R; ht Side Ins9 f S 4 InsuNiiclent Information6 Rear InsufficiI Building Coverage S Preexistin se1 Coverage exceeds maximum 7 insufficient information 2 Covera o Cornplies D Watershed 3 Coverage Preexisting �(a i Not in Watershed e.5 4 Insufficient Information 2 In Watershed d Sign AJ 10, 3 Lot prior to 1a/Z4/p4 1 Sign not allowed 4 Zone to be Determined 2 Sion Compiles 6 Insufficient Information $ Insufficient Information E Historic Dittrkt K Parking 1 In District review required 1 More ParkinR RRquired Lj e 2 Noun district P 2 _Paddng Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existin parking Remedy for the above is checked below. nein>f $ alai Permits Plantrilpiq Board 116M* Variance - Site Plan Review Sgwlal Permit C a, geld;;.*Variance Access other than i=ron s Permit Parking Valiance Firintape ion Lot speciat Permit lot Area Vattanes Common DdveNva 3 Pemrit ht Vartarm Con ata Houain a"Perron Valance for Sian Contlnuing Care Retirement Special Permlt 5 al Pemlits Zoning BOfird Ind dent Ell Housing Special Permit 0 Permit Npn-Conformina Use ZBA Lar a Estate Condo S I Permit Earth Removal Special Pwn*ZBAA Planned Di6friat Special Partin 3 ai Permr�the not Listed but Similar Planned Residential permit S octal Perm*for 31 n R-b Densifty Special Permit SOOM Permit pMR!jjhjnn norconformlog Watershed SWIM Permit The above review and ettaohcd OwWation of each Is based on the plaint Ane Worrnsion air mite& go dWinilivc rem,end of adyk4e anon be based an ywrtal w94mianaby the appkard rxrsha such verbs eiTwnliom by the appa=j" say:to provide QetinllNe answers tD lire above ronsona for DEN)RL. Ary Inaccuraoioa,mis�riing 6Horrnratton,ar other aubaegiNr! changes to rhe inforrriatim wbrnitted by the MVkw Shall be gratu>ds for this inview to be voided at the dl9creRbn prthe Buliding Dpartment.The attached doeurrff t tRW'Pbn Review Iterative`shall bo igmt ed hereto and incorporated herein by referenw. Tho bulkling depemnernt will retain off plbna end documentation for the aboo @k.You must roe a new buliding permR apoicvdion rorm and begin me permitting picots. , Buil"ding Department'Officisi Signature Application Received Applleatton Denied Denial Sent:_-- „ If Faxed Phone Numberoate: Feb-06-02 O2 : 59P P . 03 Plan Review Narrative The following nerrailve is provided to furthor explain the reasons for denial for Inc applicationd permit for the properly ladleded w the revefse SiAe'. '.v _ r)1l�'r/n/ i��/•nti� / /!:!- ��'�1v' nJ ,� CM �/ .._.�1)f'c•/,i���)t'!,/h,-T !'!i" /•il'e !'/„P� /gni o C .� or j))ar�^ f)d/�K)A.II �j AGrS J p v/Pr[A �t••/lY oc. `1 � �"��l rF'~J�JA4INfN pol` `' (� �cs?-j-� �,d n!r d N['!/¢ �a✓' �s=r�..v j ,�p/�1�fIvt /�! !r 7- � /�� Referred To: Firs Health Polloe Zoning Board Conservation Depai _ tmenrks t of Public Wo Ptannln _ Histo ical Cammisdon Other BUILDING DEPT Town of North Andover North Andover, MA 01845 To: Members of the Zoning Board of Appeals RE: Request for Special Permit A. The particular use proposed for the land or structure: I propose to add two exam rooms and an office to my medical building. Constructing a second-floor addition above an existing first-floor office, and a two-floor addition in the rear above what is now a porch,would do it. The footprint and the height of the building would not change. B. Circumstances related to conditions affecting the property for which the special permit is sought,which do not adversely affect the zoning district in which the property is located. My office building is a preexisting,nonconforming structure. I need to expand it to accommodate my growing medical practice by adding to it, as set forth above. All other nearby buildings are devoted to office use. The side addition will be observed from the street only as a second-floor where there had once been a hip-roofed extension of the structure. The rear addition will not be seen from the street. These additions would be in conformity with those neighboring buildings, and in harmony with the general purpose and intent of the zoning bylaw. The resulting increase in space would be about 17 percent, which is less than the 25 percent allowed by the bylaw. C. Facts,which make up the hardship,which would result if the special permit is not granted in accordance with the zoning bylaw. The site is an appropriate location for the planned expansion. The building has been my medical office for the past 13 years. The additions would give us more internal space for additional examining rooms and office space. There will be no nuisance or serious hazard to vehicles or pedestrians. Currently we're bursting at the seams. I fear that if we can't expand, I may not be able to stay at that location. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. The premises are in an area entirely devoted to office use and collegiate purposes. Merrimack College is right across the street. The North Andover Office Park—two large office buildings and considerable parking--is about 100 feet away. There are no homes in the immediate area. HAG9000\9100\G9165\Request for SP.doc PAGE 4 OF 4 VARIANCE . .r}.....,,: a.HM?.�e.<��'.c 3�',err•-.;..�. �HY.""a: s..ra:".,...z ..'.r�.� �.:�1� a st..a,:a:'�?; ::�'���������a��s,woa-?e `''?rs-,a5�t.a� .a-,•:�<`�.«``�.'s�.... ._3z,. 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 (if applicable) A. The particular use proposed for the land or structure. 5. abutters of property, within 300 foot radius B. The circumstances relatingto soil conditions, shape or 6. location of buildings on adjacent properties within pa topography of such land or structures especially 50' from applicants proposed structure affecting the property for which the variance is sought 7. deed restrictions, easements which do not affect generally the zoning district in B. Legend &Graphic Aids: which the property is located. 1. Proposed features in solid lines&outlined in red C. Facts which make up the substantial hardship, 2. Existing features to be removed in dashed lines financial or otherwise, which results from literal 3. Graphic Scales enforcement of the applicable zoning restrictions with 4. Date of Plan respect to the land or building for which the variance 5. Title of Plan is sought. 6. Names/addresses/phone numbers of the D. Facts relied upon to support a finding that relief sought applicant, owner of record, and designer or will be desirable and without substantial detriment to surveyor. the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: may be given without nullifying or substantially Major Projects shall require that in addition to the above derogating from the intent or purpose of the zoning features, plans must show detailed utilities, soils, and topographic information. A set of building elevation andb law. interior of building plans shall be required when the F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application involves new construction/conversion/and/or application. 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, 10. Plan of Land Each application to the Zoning Board of Appeals shall be which includes a ground level elevation. accompanied by the following described plan. Plans must 11. APPLICATION FILING FEES be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30)days prior to A. Notification Fees: Applicant is to send by the public hearing before the Zoning Board of Appeals. certified mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. 10 A. Major Projects Applicant is to supply stamps(appropriate Major projects are those which involve one of the following current postage)for mailing of decisions to all whether existing or proposed: a) five or more parking parties in interest as identified in MGLA ch. 40A, spaces, b)three or more dwelling units, and sec. 11 as listed on the application. ZBA Secretary c)2000 square feet or more of building area. will compute number of stamps. Minor projects that are less than the above limits shall B. Applicant is to supply one (1)set of addressed 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. required C. Administrative fee of$50.00 per application. 10 B. Plan Specifications: a) Size of plan: Ten (10) copies of a plan not to exceed 11"x17", preferred scale of 1"=40'. A Variance once granted by the ZBA will lapse in b) Plan prepared by a Registered Professional Engineer one (1) year if not exercised and a new petition must and/or Land Surveyor, with a block for five (5) ZBA be submitted. signatures and date indicated on mylar. To: Michael McGuire Building Inspector From: William J.Sullivan,Chairman Zoning Board of Appeals Subject:ZBA decisions for 471 &477 Andover Streets Date: August 27,2003 Please be aware of the applicant's request to withdraw the two Variance decisions. e Town of North Andover °f,•ORT#f Office of the Zoning Board of Appeals `,�•. Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 �'ss,cNus D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at:.471 Andover Street NAME: A&C Realty Trust HEARING(S): 5/15&8/12/03 ADDRESS: 471 Andover Street PETITION: 2003-001 North Andover,MA 01845 TYPING DATE: August 18,2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,August 12,2003 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,MA upon the application of A&C Realty Trust, 471 Andover Street,North Andover requesting a Variance-from Section 8,Paragraphs 8.1.2&8.1.7 for relief of off-street parking regulations and Table 2 for relief of front and side setbacks. The said premises affected are properties with frontage on the West side of Andover Street within the B-4 zoning district. The following members were present: William J. Sullivan,Walter F.Soule,John M.Pallone,Ellen P.McIntyre, and Joseph D.LaGrasse. Upon a motion made by John M.Pallone and 2nd by Joseph D.LaGrasse,the Board voted to GRANT the applicant's request to WITHDRAW THE PETITION WITHOUT PREJUDICE. Voting in favor- Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D.LaGrasse. William J. Sullivan abstained. The request to withdraw the Variance from Section 8,Paragraphs 8.1.2&8.1.7 for relief of off-street parking regulations and Table 2 for relief of front and side setbacks without prejudice did not allow relief for parking and/or relief for driveway width. No setback requirements were addressed 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, r 1 c5' � 1J' r: William J. S llivan,Chairman �- t";1 s� CD Decision 2003-001 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540"Planning 978-688-9535 Town of North AndoverNORTH Office of the Zoning Board of Appeals o? Community Development and Services Division 27 Charles Street :: �. North Andover Massachusetts 01845 �'�""CHU Andover, s�cMus D. Robert Nicetta Telephone(978)688=9541 978 Building Commissioner Fax( )688-9542 o 3 --i S:W_MM I'l-) ;Z cu t� Q r•A�� C' 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 Wednesday the 16'b of April,2003 at 7:30 PM to all parties interested in the appeal of A&C Realty Trust,471 Andover Street,North Andover requesting a Variance from Section 8, Paragraphs 8.1 .2&8.1.7 for relief of off-street parking regulations and Table 2 for relief of front and side setbacks. The said premises affected are properties with frontage on the West side of Andover Street within the B-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street,North Andover,MA, Monday through Thursday from the hours of 9:00 AM to 2,00 PM. By order of the Board of Appeals William L Sullivan,Chairman Published in the Eagle Tribune on Mare 31 &April 7,2003. Legalnotice 2003-001. Al Hu-sp,CL Ig RA • ' �y 4_4 ' cY-fT tFgr1' F 1K SYP�:.ay, `�7 W Y M �sem.... W4'T"ri• w_ lfa�. ti ,.g-- ,p Board of Appeals 978-688-9541 Bu iding978=688-9545 Conservation 978-688-9530-.:Health-9'18-68,8=9540 Flaming 978 688.9535 *9 4 1uwn ur Nortn AndoverBuilding Department n µ= e 27 Charles St. North Andover, MA. 01845 Phone 978-688=9545 Fax 978-688-9542 Street: 7/ N ou e-r S f Ma /Lot: a 4 3 I Applicant: µC.../ e a/. , Q vs f- Re uest: ar Kiu La � 17r���wa �� 4AJ.L 10 v Date: --1 8 - a © 3 Please be advised that after review of.your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning e- 4 Item Notes Item A Lot Area Notes F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting r-t e 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 H e g G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 S ecial Permit Required 3 Preexisting-CBA y e 5 Insufficient Information 4 Insufficient Information C Setback H Building Height- 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Heighte S 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage . 6' Preexisting setback(s). L(a .5 1 Coverage exceeds maximum 7 Insufficient Information2 Coverage Complies D Watershed 3 Coverage Preexisting y e S 1 Not in Watershed 77k—, 4 Insufficient Information 2 In Watershed d Sign 3 Lot.prior to 10/24/94N 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 Districtreview required 1 More Parking Required ye g 2 Not in district Lt a.S 4 Parking Complies 3 1 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 S ecial Permit Setback Variance Access other than Frontse special PermitER= PPking Variance. Frontage Pcce tion Lot S ecial Permit Lot Area Variance Common DrivewayS eoial ermit Height Variance Congregate Housing Special Permit Variance for Qi-n Continuing Care Retirement Special Permit IndeDe Elderl Housin S eciai Permit Special Permits Zoning Board S ecial Permit Non-Conformin Use ZBA Lar a Estate Condo S ecial Permit Earth Removal Special Permit ZSA Planned Develo merit District S ecial Permit S ecial Permit Use not Listed but Similar Planned Residential S ecial Permit S ecial Permit for Sic n R 6 Density Special Permitpermit for preexjsting Special Watershed Special Permit" nonconformin t .:. 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 shat}such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Buient titled'Plan Review by rlding eferennce.Department. he building departm�rll retain all plans and documentation foil ber he abovefifile.You mhereto ust file incorporated wpermritin application form and begin the permitting process. ,,&t4z �2 /9 Eitillding Department Official Si ria 3. 9 Iyfe Application Received Application Denied ' Town of North Andover Of NORT!/ Office of the Zoning Board of Appeals 0? •s' °°p Community Development and Services Division 27 Charles Street .; �. North Andover,Massachusetts 01845 ,CHU D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2003 date of filing of this notice in the office of the Town Clerk. Property at: 477 Andover Street NAME: Ansel Realty Trust HEARING(S): 5/15&8/12/03 ADDRESS: 477 Andover Street PETITION: 2003-012 North Andover,MA 01845 TYPING DATE: August 18,2003 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,August 12,2003 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,MA upon the application of Ansel Realty Trust, 477 Andover Street North Andover requesting a Variance from Section 8,Paragraphs 8.1.2&8.1.7 for relief of off-street parking regulations and Table 2 for relief of front and side setbacks;and a Special Permit from Section 9, Paragraph 9.2 in order to construct an addition on the existing footprint of a non-conforming structure on a non- conforming lot. The said premises affected are properties with frontage on the West side of Andover Street within the B4 zoning district. The following members were present: William J. Sullivan,Walter F. Soule,John M.Pallone,Ellen P.McIntyre, and Joseph D.LaGrasse. Upon a motion made by John M.Pallone and 2nd by Joseph D.LaGrasse,the Board voted to GRANT the applicant's request to WITHDRAW THE VARIANCE PETITION WITHOUT PREJUDICE. Voting in favor: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D.LaGrasse. William J. Sullivan abstained. Upon a motion made by John M.Pallone and 2nd by Joseph D.LaGrasse,the Board voted to GRANT the Special Permit from Section 9,Paragraph 9.2 in order to construct an addition on the existing footprint of a pre-existing structure on a non-conforming lot per Plan of Land in North Andover,Mass prepared for Ansel Realty Trust and A &C Realty Trust Date:August 6,2003,Rev:August 11,2003 by Stephen E. Stapinski,R.L.S.,Merrimack Engineering Services,66 Park Street,Andover,Massachusetts 01810 and Plans for Ansel Realty Trust,477 Andover Street,North Andover,MA.Date:7/22/02 on the following condition: 1. The applicant will provide a Mylar of the Rev:August 11,2003 Plan of Land. Voting in favor: Walter F. Soule,John M.Pallone,Ellen P.McIntyre,and Joseph D.LaGrasse. Williac . Sullivan abstained. The request to withdraw the Variance from Section 8,Paragraphs 8.1.2&8.1.7 for relief of off-street p r�"ing regulations and Table 2 for relief of front and side setbacks without prejudice did not allow relief for pang relief for driveway width. No setback requirements were addressed (D r-:- 0 C--,.,, = r`" ' The Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.2 of the Zoningtl3iylavl+r>liat�> such change,extension,or alteration shall not be substantially more detrimental than the existing struct�r�e to the neighborhood. CD Pagel of 2 Board of Appeals 978-68$-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover NORTH Office of the Zoning Board of Appeals y Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 ��SSACT" t� D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, William I ShIlivan,Chairman Decision 2003-012. Page 2 of 2 u� EU �cu -'C7 CJ Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health.978-688-9540 Planning 978-688-9535 Town of North Andover, Zoning Board of Appeals Parties of Interest/Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part«Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tag 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 24 30 Ansel Realty Trust 477 Andover St. , No. Andover. tts ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 24 28 No. Andover,Office Park 451 Andover::,St. #335 2513, 21, 67 Merrimack College Tbrnpike Street 24 11 A&C Realty 1�-ust 471 Andover Street 24 29 Robert O'Neill 3 Radcliffe Nr. , An over, MA 2 49 Patricia J. McNulty 4VV E1111 3LreeE, over, THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: SIGNATURE DATEPAGE OF r. Grtifie Date.Zj�A2 Board f o North Andover Town of North Andover, Zoning Board of Appeals Parties of Interest I Abutters Listing REQUIREMENT: MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable 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 24 30 _Ansel Realty Trust 477 Andover St. , No. Andover, tts ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 24 28 No. Andover Office Park 451 Andover_-St. #335 25 13, 21, 67 Merrimack College Turnpike Street .24 3 1 ARC Realty Trust 471 Andover Street 24 29 Robert O'Neill 3 Radcliffe Dr. , An over, MA 2 49 Patricia J. McNulty mree , over, THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: - DATE SIGNATURE PAGE OF Certifiedb Date �' /06) Board f Ass North Andover