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Miscellaneous - 5 OAK AVENUE 4/30/2018
5 OAK AVENUE J 210/059.0-0028-0000.0 ,1 ti I i r i 3fw NOW.. '�e R E C E i V 'Town of North Andover of NORTH q *�•° ae JOYCE B R 0j" of the Zoning Board of Appeals b � T � Development and Services Division ` 27 Charles Street Z001 NOV 21 P 2: th Andover, Massachusetts 01.845 ��SSACHUSE�1y D. Robert Nicetta Telephone(978)688-9541 Building Coininissioner Fax (978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2001 date of filing of this notice in the office of the Town Clerk. Property at: 5 Oak Avenue NAME: Nancy Breen DATE: 11/21/2001 ADDRESS: 5 Oak Avenue PETITION: 028-2001 North Andover,MA 01845 HEARING(s): 10/9,10/16, &11/13/2001 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,November 13,2001 at 7:30 PM upon the application of Nancy Breen,5 Oak Avenue,North Andover,MA requesting a dimensional Variance from Section 7,Paragraphs 7.1,7.2,&7.3 of Table 2,for relief of front,rear and both side setbacks and for a Special Permit from Section 9,Paragraphs 9.1 &9.2 to allow for the extension of a non-conforming lot and structure in order to raze existing non-conforming structures and construct a new dwelling with attached garage within the R-3 zoning district The following members were present: Walter F. Soule,Robert Ford,John Pallone,Ellen McIntyre,George M.Earley. Upon a motion made by Robert Ford and 2°d by John Pallone the Board voted to GRANT a Special Permit to allow reconstruction of lawfully non-conforming,pre-existing structures(house&garage)as set.forth on the revised plan dated 11/2101 by H&B Survey Service,219 Salem Street,Andover,MA 01810. The Board made the following findings(after considerable deliberation): 1. Granting this Special Permit will not significantly increase the non-conformity; 2. Use will not be more detrimental to the neighborhood than the existing non-conforming use; 3. This specific site will be an appropriate location for said use and structure proposed; 4. There will be no nuisance or serious hazard to vehicles or pedestrians; 5. Adequate and appropriate facilities exist or will be provided,including sewer hook-up; 6. The proposed use&structure is in harmony with the general purpose and intent of this bylaw; 7. Removal of existing house,garage,and shed required before building permit is issued; 8. Building elevations according to revised plan as referenced. Voting in favor: WFS/RF/JP/EM/GME. Upon a modified motion by George M.Earley and 2°d by Ellen McIntyre the Board voted to GRANT a Variance to limit front setback of 14' (located on the North side of the proposed new house structure). Voting in favor: RF/JP/EM/GME. Note: No street frontage relief was deemed necessary since the existing house and lot are legal pre- existing,non-conforming structures and usage. Also, side setbacks for either side relief is not required and the proposed garage location is the same distance from the rear lot line as the existing garage.The intent of the decision is in compliance with the Bylaw, and appeal for relief. Page one of two 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. B0,<1RD GF APPEALS 688-9541 BUILDING 688-9545 CGNISERVATIUt 688-9530 HEALTH 688-9540 PLANTNING 688-953? a 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, Walter F. Soule,Acting Chairman Decision 2001-028. Page two of two f 1 North Andover,Zoning 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 Uesday the 9m day of Qctober. 2001 at 7:30 PM to all parties interested in the appeal of Nancy Breen, 5 Oak Ave, North Andover,MA for a dimensional Variance from the requirements of Section 7, Paragraph 7.1, 7.2& 7.3 of Table 2 for relief of front,rear and both side setbacks. Petitioner is requesting a Special Permit from Section 9,Paragraph 9.1 &9.2 for the extension of a non-conforming lot and structure in order to raze, existing non-conforming structure and construct a new dwelling with attached garage. Said premises affected is property with frontage on the East side of Oak Ave. within the R-3 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 September 25,and October 2,2001. Review date: Legalnotice 2001/27 i I / •.' rU.S. •• SXaI Service CERTIFIED MAIL RECEIPT ZERTIFIED MAIL RECEIPT /r Only; No Insurance CoverageProvided) ' /• I No Insurance Coverage r' Article Sent To: Article Sent To: E Tfil Ah '.:k. M ar' L - o Deed 'I Postage $ 044UNIT III: 0845 m Postage $ 0.34 UNIT III' 0845 Certified Fee ru Certified Fee ?,10 Postmark Er Postmark Return Receipt Fee HereReturn Receipt Fee Here (Endorsement Required) Q' (Endorsement Required) Restricted Delive Fee Clerk: K WOW o Clerk:N p Restricted Delivery Fee k: KCF WO J (Endorsement Required) C3 (Endorsement Requlred) Total Postage&Fees $ `.44 09/211/01 O Total Postage BFees $ x.44 09/211/01 Name(Please Print Clearly)(To be completed by mailer) N Name(Please Print Clearly)(To be completed by mailer) M ..................------------------............-=..... .................................................................................................. Apt.No.;or PO Box No. 117 Street,Apt.No.;or PO Box No. _.. Cr --------------- City,State,ZIP+4 O Clfy,State,ZIP+4 PS Form :rr July 1999 See Reverse for Instructions PS Form 3800, Postal CERTIFIED MAIL RECEIPT U.S postal service CI ` RECEIPT r •'• (Domestic Mail Only; No Insurance Coverage Provided) (Domestic malt only; No Inspran.ce 143 Article Sent To: Ln iallU 0184:., _ n.".d , , V. 4 UNIT Iii: 0°"- -° 0.34UNIT Iiia 0845 T7 Postage $ � .-0 e $TL„ Certified Fee . �'1Vpostmark Postmark rU CeHere Rrsem Receipt Fee Retum ee(Endorsement Required) HereRestricted Del(very FeeClerk. KCF'WOW Er (Endorsemed)� (Endorsement Required) Restricted eeTotal Postage&Fees . 09/ 1 "�,i (Endorsemed) 0.44 oa/•2'11G1 VTotal Poses ) 1J Name(Please Print Clearly)(To be completed by mallei) fall 7o be completed by mailer TI ill Name(Please Print Clearly)( ......................................... Street,Apt.No.;or PO Box No. ... ITI T. Street,Apt.No.;or PO Box No. .................... ...••...••......... � City,State,ZIP+4 ------"----"-'�-�----�--��- ti -- O City,State,ZIP+4 PS Form :t0 July 1999 See Reverse for Instructions [� Postal CERTIFIED MAIL RECEIPT EIPT r . Provided)• • • r • r r•• Mail I r insurance (Domestic Article Sent To: ru // ` q �n a 6c m 4a� 0 b jib at/ m Postage 0.a=} UNIT III: 0845 �° 1 0.34 UNIT III. 0845 -D m Postage $ rl.l Certified Fee ..0 ? Q.• `?.10 ti Certified Fee Postmark Return Receipt Fee Postmark V' (Endorsement Required) Here Return Receipt Fee Here [) RestrlctedOellveryFee Clerk: kCPWOW U- (Endorsement Required) Clerk;` YiCI'WOW O (Endorsement Required) Restricted Delivery Fee Endorsement Required) O Total Postage&Fees $ 2.44 09/''1/Oi 0 ( $ 2.44 09/21/01 Total Postage&Fees ru C3 rrU Name(Please Print Clearly)(To be completed by mailer) To be completed by mailer) M ; N Name(Please Print Clearly) Er Street Apt No.;or PO'Box No. Sfreet,Apt.No.;or PO Box No. p, Q -------------- C] Cfty,State,ZIP+4 ................ Ir •------•-------"-------- 117�• M City,State,ZIP+4 PS Form :tt July 1999 See Reverse for Instructionsr :rr Postal Service U.S.Postal • Service- CERTIFIED I No Insurance Coverage Provided) /•CERTIFIED mestic MailI RECEIPT No insurance Coverage Pr ••r Article Sent TO: Article Sent TO: UNIT 111' 0845 -D M Postage $ 0 4 m Postage $ 0.34 UNIT IU: 0845 ill Certified Fee 2.11l ru Certified Fee 2,10 — Er 0 I p- Postmark p- Postmark Return Receipt Fee Here Return Receipt Fee Here lT (Endorsement Required) CPWOW U' (Endorsement Required) C3 C1erF::: K o p Restricted Delivery Fee Clel'k:° Y.C�"WOIJ (Endors9ment Required) C3 Restricted Delivery Fee C3 $ ,�, t C3 (Endorsement Required) 2.44 0�:/21/Ox C3 Total Postage&Fees , O Total Postage&Fees $ 2.44 09/21/01 rl! Name(Please Print Clearly)(To be completed by mailer) ru rU Name(Please Print Clearly)(To be completed by mailer) M m -------------------------- ----------- Street,Apt.No.;or PO Box No. � Street,Apt.No.;or PO Box No. ' Er Lr ---------•--•-------•----•--- ----------- 117 ---------- O City,State,ZIP+4 O City,State,ZIP+4 f`- r`- jU.S.Postal • CERTIFIED MAILt (bomestic Mail I No Ins0ance Coverage • ••• 7 0 Article Sent To: , M Postage $ '.!.J; UNIT Ili; r% Ute" Postmark Certified Fee ^,1� Return Receipt Fee Here 0" (Endorsement Required) C3 Restricted Delivery Fee l.I'c?Y"° "i''t`'�G..," O (Endorsement Required) Total Postage&Fees 2•`l=1 ru rU Name(Please Print Clearly)(To be completed by mailer) M --••------•--•--••--•----------•--••-•-------•-•••--------------•---------................... Er Street Apt.No.;or PO Box No. Q' C3 City,State,ZIP+4 PS Form 3800,July 1909 See Reverse for Instructions I i I I VA R ( ANC. E PLAN of LAN*b �N NORTH AN DovER PREh-A Rett *Fog #9 AIC Y BR5C l .s04-AC A?V4rA1vE0' Ne). NNZ o vt,e, o 978 -683 - 7/6.' a rhe.QRS/s..ey 61P DEe'a waz CWLy R E �,,` ► u� loon S' �ocuS mo O rN G , DANTE �;. � � V r-STb tY E. BARTOLOMEO 4,12,00 - 4-1 /a♦-4-1 AWS 77* ev lu G00 2aai 32� EXrsilNl� `�N�d so• 0 wawa � � wood � 8 S20�z� C 2419C44 A• s77AK. N �eA�el ne�ue- E `- /03.23' �'SI/.� Go©c.®�c•�� 3� //7�� "', � iS o 3o Go �i� ,PLAN' GC+w.49.�irrs Ta No?�S: l) �3ris;rn/G ,Hoasf G�e96.��3y�D� Tis/4e AeM LJ"S f,'eA'G+uLfA7/O'Aes O N L OT i ' z`o' bF Zile Co c rye •�E�iST�CS o.� c'b'3 Z) Pg'Po s Z�p -near-;rv,002 es,0 /VOA M ANDOVKR OOAAD APPEALS ��• 0,4Tr of Ott/IVB. ,O.grx' taf y£ARAwa: D-41'£ ofp APPRO VAL.: VV44C.' ";�VAAJC 3� poo ,�rA)6-�N FEMS r7 �.7 S�I',?�/t Y T"V IG C" ZAOD�-' W�2� ZOO� a �` ?v pooh ,ai9J�°TE �A•�7 LG/�Jc )Vwz>O U£.e AW 0/6/0 978 VAR ( ANCE FLAN of LANb � >v NORTH AN DovER F'-RErP-A zEn 'Fog AN Al C Y 82EE/V 5 0oVt4C A7VEA/tJ S" 978 -483 - 7/6s' N c. • O ST' f bjC ells rwy o.,= vac CWLY �ocvs �A� lQ ` ` V cv- DANT,E. BARTOLOME©No.15309 VW4100 A* � 1� .E-iST7,oVGs 10 woo� t G 00 ' 3 33� SOS j. WaoD 2.5 woad 8 $20fj�"2 Q � 4 '- /03.23' 3• //7 � Go ��S PLAN G�/ 9.�iar.s To it/o,2S: [) F�ris:in/G h'ousE Gi+Re9bE' 3�/E,D 7-We P1I LA'S '��1++[JGf�T/O��►,'s ON LOT �}'' ZED fsF �4!�D c Tis/g •QE�i,�r�CS a� 'c'Dg Z) s,?!o .rre&d T&,.Z tS�✓E' a r � ANoov R �9oARo ave �9pPE��S .� 0.47r 000 Ptt�N� 100rAC 04F /YEA91-MIS: nArr 05F APPRO VAL: 0A'77 %7UAol ' 3, 900 / .N S FERS H u.P ve y seeviC.6 ZA00�; M40V v po©/ ,r0cwAy Z. hllm,Z3F-JZ 2/9 S'04'errs 'TrQEtT' SALE : /111— 3c� l DY%v7W s�C '4Wac0 uEeAOW 016,10 978 Z 32 v .I Ot NORTJy o - } a.s ^CHUS NORTH ANDOVER OFFICE OF THE ZO'VLNG BOARD OF APPS ALb 27 CHH-RLES S i Zi EET NORTH ^��IDOVEZ, V1ASSAC.F-TSE-1rTS Q1SIJ F� (978) 633-9� Date: / ( O TO: Town of North Andover Zoning Board of Appeals �. 27 Charles Street North Andover, MA 01845 phone # 978-688-9541 fax # 978-688-9542 Please be advised that I have agreed to waive the time constraints for the Zoning Board of Appeals to make a decision regarding the granting of a SPECIAL PERMIT for property located at: STREET: TOWN: NO&- &OAt4-7 NAME OF PETITIONER: eget Signed: V petitio er (o� etitioner's representative) ATTACHMENT ml/variance 2-0 C) OF APPS LS Ef-lL DIGS 6SF-9-4- CONSERb T. 7�' OS F Hf \' .-+ 'O J o :i- 30 ii_.=1T 053.',1-9,40 P .�N��L.L 61',**.,-9:3: vctooer o, ,cwt William J. Sullivan, Chairman Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 Dear Mr. Chairman, We are writing this letter in support of Nancy Breen's application to the zoning Board of Appeals to raze and rebuild her house and garage on her property at 5 Oak Avenue. We have lived at 3 Oak Avenue as neighbors of Nancy for the last thirteen years. We believe that Nancy's plan would be a great asset to the neighborhood. Thank you very much for your consideration. Sincerely, j e J. Boringa al B. Boringa LictoDer o, GVut William J. Sullivan, Chairman Zoning Board of Appeals Town of North Andover 27 Charles Street North Andover, MA 01845 Dear Mr. Chairman, We are writing this letter in support of Nancy Breen's application to the Zoning Board of Appeals to raze and rebuild her house and garage on her property at 5 Oak Avenue. We have lived at 3 Oak Avenue as neighbors of Nancy for the last thirteen years. We believe that Nancy's plan would be a great asset to the neighborhood. Thank you very much for your consideration. Sincerely, jtse J. Boringarol B. Boringa i VA R ( ANCE PLAN OF L-A Nb �N NORTH ANbOVER PREPA lzEL�, Fog l,gi9NCY aeE t N - o � � No W o -A g rOe.ems/s,,ey o,=IDAL X34 CWLy 44 Z l000 41 S, > Q i DAHTE ��% /—STb•�Y �i E 9� WOOD BARTOLOMEO No.15309 ►STER�� L LAC+4s� o o A-J&.Sn.V& j �� `� a M i•slbejr��f �� � wan a� t 2 SO i -r727 ` N careAui------ .r .r HEe4WjY CA-R,PAy7WW ,TJ�,S ,PLA�v e4w srazw s To /✓off= P/lo� S ucrui2� /A/ Pu�E'S f'eBC �TioS. sc713�9c..�S T.Y� (W4�<A�A &OA ref ANDOVER i90A" aur 988Ei4 - i DA7r o.49 .404/eil46: r -4ffx' 010 yFA�Qi�I� -0.4 re OF APRA o vAI- .Ar1NJeE25: y049 SURVt Y SMVIC tF t7. J'uNc 3, 2 o© I 111M.BSZ, Z/�I SgLE1!'� Sr4eE `E — .?�.E • ill= 30 I D,00pNTE 43)VZ-7 L.o�l a �Do vE�� /11f� o/8/O ZOAUiv G DicS rZ-#CT : R-3 1 1 nY 1 TOWN j9fC1yW A�NIDOVER VARIANCE 1� 1,C,z ZONIN APPEALS }F uc � gar x 7 "+ ;z. � `x` .. a a r,e ♦ c + ...;» "3'c 2001 SEP 10 A 11: 30 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 incomplete. for publication in the newspaper. The petitioner is 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). 3 , a.k-a:�.k. IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 1 , Page 2 of 4 Application for a VARIANCE Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: U It n/GY E , 13&C- 506K iqvte No, Aeivev u'� ��� ,� l3nr✓CJ1l To�w'c'om sr' No . 4VOO-W-1 97t kfl felt w'94 "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: GX t✓' ?21 Etj S Oa /< /'�Uk A/o AW00 U, Years Owned Land: /3- ye, Qit, y 3. Location of Property: a. Street: 4 041 �r% Zoning District `C�'-3 b. Assessors: Map number57 7 Lot Number- 2 F' c. Registry of Deeds: Book Numberi0L/�O(67Page Number: 24CAjZLt 4. Zoning Sections under which the petition for the Variance is made. 'Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner 5. Describe the Variance request �Z1L c2Z-f - � C;`Ut"A.AveJ�oryAm Oz. nt;.�� � v� its SLS V�1r��t,nCrc9►.., t B The abov description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. '����� 6a, Difference from Zoning ley-Law requirements: Indicate'tk' dimensions thhl will bbt 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. tZ % B. N k % � I Page 3 of 4 Application for a VAR/ANCE h=� ,.,... .., ..,. ...�%.c.�.r.v.»t.w,.s.:.,.^.-.....s;:t ._,-,.<xxi...�.ssuw:�•,. �J..r,v:�:., .s�g.. v �y:..nst.: 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 Sjc. l '� 01C, �_5 c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear opo zc)4 X7-4 P� C� Bio d. Required Lot: (As required by Zoning By-Law) �Cl��J�J�� �,"�w��`1P��, ew^y,5ltlrI(Y ein:M2"4e4So VAriAoce Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side Side B Rear re 'e - s.ooa' IBJ, 0 l [ a 7. a. Existing Buildings: f K Z Ground Floor Number of Total Use of VVI*Gr.L a .,LkA Square feet Floors Sq. feet Building* /o b C x 401,elt V *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* -- ao _ ���Uj9Jr C y /l /1�Ci•�1L� 9.4.l zI5--e Ivy Sfore st _ *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 legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may resul it a dismissal by the Zoning Board of this application as incomplete. Si nature Type above name (s) herec3.v�c� � �,.�,� PAGE 4 OF 4 VARIANCE ;ma^..,: ; 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 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 be submitted with this application to the Town Clerk's 11. APPLICATION FILING FEES 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: '"' s { a t . - :: 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. 1 9TA North Andover,Zoning 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 Taesdav the 96 dayof October, 2001 at 7:30 PM to all parties interested in the appeal of Nancy Breen, 5 Oak Ave, North Andover,MA for a dimensional Variance from the requirements of Section 7, Paragraph 7.1, 7.2&7.3 of Table 2 for relief of front,rear and both side setbacks. Petitioner is requesting a Special Permit from Section 9,Paragraph 9.1 &9.2 for the extension of a non-conforming lot and structure in order to raze,existing non-conforming structure and construct a new dwelling with attached garage. Said premises affected is property with frontage on the Fast side of Oak Ave. within the R-3 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 September 25,and October 2, 2001. Review date: Legalnotice 2001/27 I r� ADDENDUM Petitioner: Nancy E. Breen Property: (Lot A)5 Oak Avenue Map/Lot: 59/28 The Petitioner submits the following information as an Addendum to her Petition. Petitioner alternatively seeks the following relief from the Board: l. A finding under Section 9.1 of the Zoning Bylaw that the Petitioner's proposed "change, extension or alteration(is) . . . not . . . substantially more detrimental than the existing non-conforming use to the neighborhood"; 2. A Special Permit under Zoning Bylaw Section 9.2 allowing an alteration or extension, to the extent applicable; 3. A finding under the State Zoning Act, G.L. c.40A, §6(l), that the Petitioner's proposed "alteration, reconstruction, extension or structural change to a single or two-family residential structure does not increase the non-conforming nature of _ said structure" or that the Petitioner's proposed "extension or alteration(is) . . not . . . substantially more detrimental than the existing non-conforming use to the neighborhood"; or 4. A Variance from the lot area, street frontage, side yard setbacks and front yard setback requirements. Although requested alternatively, the Board would be justified in granting any of the requested relief as the proposed,new single family home with attached garage would not deviate from the current dimensional requirements of the district to any greater degree than the existing structures and, in fact, would slightly increase the front yard setback. Where a Petitioner seeks to alter a pre-existing non-conforming single or two- family structure, the Board should grant the requested relief if the proposed alteration or addition would not intensify the existing non-conformities or result in additional ones or, if that is not the case, if a showing is made that the proposed alteration or reconstruction would not be substantially more detrimental than the existing non-conforming structure to the neighborhood. See, Goldhirsh v. McNear, 32 Mass.App.Ct. 454 (1992) and Serika v. Zoning Bd. of Appeals of Winchester Land Court Misc. Case No. 183095, 1 LCR 91 (Sullivan, J. 1993). FANew-Docs\Breen-Nancy\01-074 Zoning Variance-Oak Avenue\Addendum.doc y TOWN OF NORTH ANDOVER LIST OF PARTIES OF INTEREST: PAGE OF SUBJECT PROPERTY MAP PAR # NAME ADDRESS E� 07A ABUTTERS: 36 1,464 5-- S r7- OU4. 5 Tf'tP 7 r � i V< e� e ES zti D r ` I ! Z i +S2 �/�IPY rays► z/� i tz � r qq o,,cinf o "'s fZoaroU 2 j , ,QV (Zee I .S s A 0 - Jnr I j � ! i j � I � I , I I I I I , I i i i I I � w j I i i Oortified by fie '/ , f , TOWN OF NORTH ANDOVER LIST OF PARTIES OF INTEREST: PAGE OF SUBJECT PROPERTY MAP I PAR # NAME ADDRESS P IBUITERS: �Anel 13.9 ©a4- 1 111 f�i,tQ c on/ J 3 -- �3Ii o IAm � I 5 'c O f!rs i 014- ��y tao�Y �.esz► y- � E � S I 7 I r/7 o�nI o "s` fLo ntaeoU s' j o�e-c� /�l fi7we ,� wo I �( 3— ✓tai STIP f} .�%rn�7� i � J I I J I I J i j ! i + I I J _ J J f I � J i M j ' ' I J j 1 � I i I � J i r J I � CUMed by ogle Town of North Andover AORTN RECEIV J 0 Y C E S Rof the Zoning Board of Appeals T,� y Development and Services Division * z 27 Charles Street th Andover, Massachusetts 01845 IT ACHUSEt� 2001 NOV 21 P 2�l D. Robert.Nicetta Telephone(978)688-9541 B1f1Ill1J1Q C.O71117tlssioner Fax (978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the , Year 2001 date of filing of this notice in the office of the Town Clerk. Property at: 5 Oak Avenue NAME: Nancy Breen DATE: 11/21/2001 ADDRESS: 5 Oak Avenue PETITION: 028-2001 North Andover,MA 01845 HEARING(s): 10/9,10/16, &11/13/2001 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,November 13,2001 at 7:30 PM upon the application of Nancy Breen,5 Oak Avenue,North Andover,MA requesting a dimensional Variance from Section 7,Paragraphs 7.1,7.2,&7.3 of Table 2,for relief of front,rear and both side setbacks and for a Special Permit from Section 9,Paragraphs 9.1 &9.2 to allow for the extension of a non-conforming lot and structure in order to raze existing non-conforming structures and construct a new dwelling with attached garage within the R-3 zoning district The following members were present: Walter F. Soule,Robert Ford,John Pallone,Ellen McIntyre,George M.Earley. Upon a motion made by Robert Ford and 2°d by John Pallone the Board voted to GRANT a Special Permit to allow reconstruction of lawfully non-conforming,pre-existing structures(house&garage)as set.forth on the revised plan dated 11/2/01 by H&B Survey Service,219 Salem Street,Andover,MA 01810. The Board made the following findings(after considerable deliberation): 1. Granting this Special Permit will not significantly increase the non-conformity; 2. Use will not be more detrimental to the neighborhood than the existing non-conforming use; 3. This specific site will be an appropriate location for said use and structure proposed; 4. There will be no nuisance or serious hazard to vehicles or pedestrians; 5. Adequate and appropriate facilities exist or will be provided,including sewer hook-up; 6. The proposed use&structure is in harmony with the general purpose and intent of this bylaw; 7. Removal of existing house,garage,and shed required before building permit is issued; 8. Building elevations according to revised plan as referenced. Voting in favor: WFS/RF/JP/EM/GME. Upon a modified motion by George M.Earley and 2nd by Ellen McIntyre the Board voted to GRANT a Variance to limit front setback of 14' (located on the North side of the proposed new house structure). Voting in favor: RF/JP/EM/GME. Note: No street frontage relief was deemed necessary since the existing house and lot are legal pre- existing,non-conforming structures and usage. Also, side setbacks for either side relief is not required and the proposed garage location is the same distance from the rear lot line as the existing garage.The intent of the decision is in compliance with the Bylaw,and appeal for relief. Page one of two 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. BCS<lRD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION-688-9530 HEALTH 688-9540 PL:N ?I\G 688-9535 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, Walter F. Soule,Acting Chairman Decision 2001-028. Page two of two t TOWN OF NORTH ANDOVER SPECIAL PERMIT ZONING v APPEALS PROCEDUH and REQUkReMEW SII: 33 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 as required in items 1 through and including 11 shall be STEP 9: DECISION: completed. After the hearing, a copy of the Board's decision will be 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). ry x IMPORTANT PHONE NUMBERS: 978-688-9501 Town Clerk's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 2 OF 4 Date&"F"M-__1VED J(P1@TrBRADSHAV1 CLERK NORTHTOWN ANDOVER Application for aSPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: QA (L4A)5-,0Ak. 14j& Aba-W Avoc"I A4,0 5'V Sqd 60-CAJ *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: A/,a,n cW Ag 5 `Its AM AV UmilA, MA55 , 011 2 F-691-99 W Tx fall&_ OwAxd Years Owned Land: 15- -Y/L& 3. Location of Property: a. Street: &A Ave, 60 Zoning District R— b. Assessors: Map number6"7 __ Lot Number: Q g c. Registry of Deeds: Book NumberZ 0\IYa67,Page Number: Z ycl 17- 4. By-Law Sections under which the petitiorl for the Special Permit is made. (MeAs5. jRv\ .-LALj -- . uL[()A 14 5- 6 Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: ink 02y rk Q _J (j *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. t A ADDENDUM Petitioner: Nancy E. Breen Property: (Lot A) 5 Oak Avenue Map/Lot: 59/28 The Petitioner submits the following information as an Addendum to her Petition. Petitioner alternatively seeks the following relief from the Board: 1. A finding under Section 9.1 of the Zoning Bylaw that the Petitioner's proposed "change, extension or alteration (is) . . . not . . . substantially more detrimental than the existing non-conforming use to the neighborhood"; 2. A Special Permit under Zoning Bylaw Section 9.2 allowing an alteration or extension, to the extent applicable; 3. A finding under the State Zoning Act, G.L. c.40A, §6(1), that the Petitioner's proposed "alteration, reconstruction, extension or structural change to a single or two-family residential structure does not increase the non-conforming nature of said structure" or that the Petitioner's proposed "extension or alteration (is) . . . not . . . substantially more detrimental than the existing non-conforming use to the neighborhood"; or 4. A Variance from the lot area, street frontage, side yard setbacks and front yard setback requirements. Although requested alternatively, the Board would be justified in granting any of the requested relief as the proposed, new single family home with attached garage would not deviate from the current dimensional requirements of the district to any greater degree than the existing structures and, in fact, would slightly increase the front yard setback. Where a Petitioner seeks to alter a pre-existing non-conforming single or two- family structure, the Board should grant the requested relief if the proposed alteration or addition would not intensify the existing non-conformities or result in additional ones or, if that is not the case, if a showing is made that the proposed alteration or reconstruction would not be substantially more detrimental than the existing non-conforming structure to the neighborhood. See, Goldhirsh v. McNear, 32 Mass.App.Ct. 454 (1992) and Serika v. Zoning Bd. of Appeals of Winchester, Land Court Misc. Case No. 183095, 1 LCR 91 (Sullivan, J. 1993). FANew-Docs\Breen-Nancy\01-074 Zoning Variance-Oak Avenue\Addendum.doc t t t _ It - IIS._Q c-1 Y Li I Wr 13 CAA. a ATR CLc�SEf 1 . r - It°-!A r SNL Casty l� -p i 0 Lo WALP IN covet'bO 8k?ARGON f Palle 3 of 4 Application for a SPECIAL PERMIT �a.,....a:.:;z,.,,a�L.__...»:a-, ....,.a•,c�:a:,�K*A._....».,a......x,_6�.,-,.-�,.._....;,;�...�.._...r::. .,s. ,«",,.saa......«....,z-a.1_,......:.,.:. � .,..$�2" ra,x.,:..� ,.vs...,.. �`,�z:F`_,«,uesa�:.:..enT`"'��..,:.�...:....,.;itrs . NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 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 `,i/l,✓ 1_1 % „`^`/ _ 1 ALJ c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking '� Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units ` g6%9 �602 WA *Reference Use Code numbers and Uses from the Zoning By-LaO. State a ber of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units NO r A +A AA,P 4 (-NV)�,A CA(L Nj *Reference Use Code numbers and Uses from the Zoning Ordinance. Sta'H 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 t e Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Si nature s Type above name (s) here IVeav,cya�e�,,, PAGE 4 OF 4 Application for a SPECIAL PERMIT 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN: detail all facts relied upon. This is required in the case of a Special Permit when the following points, based on A. Site Orientation shall include: MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law 1. North point 2. zoning district (s) and P 9.2 Special Permit Granting Authority shall be clearly identified and factually supported: Addressing each of the 3. names of streets below.points individually is required with this 4• wetlands to be shown on plan (if applicable) application. 5. abutters of property,within 300 foot radius 6, location of buildings on adjacent properties within 1, The particular use proposed for the land or structure. 50' from applicants proposed structure 2. The specific site is an appropriate location for such 7. deed restrictions, easements use, structure or condition. B. Legend & Graphic Aids: 3. There will be no nuisance or serious hazard to 1. Proposed features in solid lines& outlined in red vehicles or pedestrians. 2. Existing features to be removed in dashed lines a. Adequate and appropriate facilities will be provided for 3. Graphic Scales the proper operation of the proposed use. 4. Date of Plan S. The use is in harmony with the purpose and intent of 5. Title of Plan the zoning by-law. 6. Names addresses and phone numbers of the 6. Specific reference and response to the criteria applicant, owner of record, and designer or required by the particular special permit for which this surveyor. application is made (i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS: Permit respond to criteria and submittal requirements). Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and 10. Plan of Land , topographic information. A set of building elevation and Each application to the Zoning Board of Appeals shall be interior of building plans will be required when the accompanied by the following described plan. Plans must application involves new construction/conversion and/or a be submitted with this application to the Town Clerk's proposed change in use. Elevation plans for minor Office and ZBA secretary at least thirty (30)days prior to Projects including decks, sheds, &garages shall be the public hearing before the Zoning Board of Appeals. included with a side view depicted on the plot plan, which include a ground level elevation 10 A. Major Projects 11. APPLICATION FILING FEES Major projects are those which involve one of the following whether existing or proposed: a) five or more parking A. Notification Fees: Applicant is to send by certified . spaces, b)three or more dwelling units, and mail all legal notices to all abutters, and then supply proof of mailing to ZBA secretary. Applicant is c) 2000 square feet of building area. Minor projects that are less than the above limits shall to supply stamps (appropriate current postage)for require only the plan information as indicated with mailing of decisions to all parties of interest as * identified in MGLA ch. 40A in sec. 11 as listed on the asterisks ( � In some cases further information may be application. ZBA Secretary will compute number of required. stamps. B. Applicant is to supply one (1) set of addressed 10 B. Plan Specifications: labels of abutters to ZBA Secretary who will mail a) Size of plan: Ten (10) copies of a plan not to exceed decisions to abutters and parties in interest. 11"x17", preferred scale of 1"=40' C. Administrative fee of$50.00 per application. b) Plan prepared by a Registered Professional Engineer and or Land surveyor,with a block for five (5) ZBA A Special Permit once granted by the ZBA will lapse signatures and date on mylar. in two (2) years if not exercised and a new petition must be submitted. ADDENDUM Petitioner: Nancy E. Breen Property: (Lot A)5 Oak Avenue Map/Lot: 59/28 The Petitioner submits the following information as an Addendum to her Petition. Petitioner alternatively seeks the following relief from the Board: 1• A finding under Section 9.1 of the Zoning Bylaw that the Petitioner's proposed "change, extension or alteration(is) . . . not . . . substantially more detrimental than the existing non-conforming use to the neighborhood"; 2. A Special Permit under Zoning Bylaw Section 9.2 allowing an alteration or extension, to the extent applicable; 3. A finding under the State Zoning Act, G.L. c.40A, §6(1), that the Petitioner's proposed "alteration, reconstruction, extension or structural change to a single or two-family residential structure does not increase the non-conforming nature of . said structure" or that the Petitioner's proposed "extension or alteration (is) . . . not . . . substantially more detrimental than the existing non-conforming use to the neighborhood"; or 4. A Variance from the lot area, street frontage, side yard setbacks and front yard setback requirements. Although requested alternatively, the Board would be justified in granting any of the requested relief as the proposed, new single family home with attached garage would not deviate from the current dimensional requirements of the district to any greater degree than the existing structures and, in fact, would slightly increase the front yard setback. Where a Petitioner seeks to alter a pre-existing non-conforming single or two- family structure, the Board should grant the requested relief if the proposed alteration or addition would not intensify the existing non-conformities or result in additional ones or, if that is not the case, if a showing is made that the proposed alteration or reconstruction would not be substantially more detrimental than the existing non-conforming structure to the neighborhood. See, Goldhirsh v. McNear, 32 Mass.App.Ct. 454(1992) and Serika v. Zoning Bd. of Appeals of Winchester Land Court Misc. Case No. 183095, 1 LCR 91 (Sullivan, J. 1993). FANew-Docs\8reen-Nancy\01-074 Zoning Variance-Oak Avenue\Addendum.doc I i North Andover, Zoning Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover, MA on Tuesday the 9th day of October, 2001 at 7:30 PM to all parties interested in the appeal of Nancy Breen, 5 Oak Ave, North Andover, MA for a dimensional Variance from the requirements of Section 7, Paragraph 7.1, 7.2 & 7.3 of Table 2 for relief of front, rear and both side setbacks. Petitioner is requesting a Special Permit from Section 9,Paragraph 9.1 & 9.2 for the extension of a non-conforming lot and structure in order to raze, existing non-conforming structure and construct a new dwelling with attached garage. Said premises affected is property with frontage on the East side of Oak Ave. within the i R-3 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 i �f Published in the Eagle Tribune on September 25, and October 2, 2001. r I Review date: 3 i Legalnotice 2001/27 f j TOWN OF NORTH ANDOVER UST OF PARTIES OF INTEREST: PAGE 1464f OF SUBJECT PROPERTY MAP I PAR # NAME ADDRESS fCj 2; P O %BUTTERS: 5 53 ' Aw S9 i 5 con/ 3 I !V Uuti ST`tP j h� ;�r oi✓ i %q k iu L3' y _ o o tZn Wlurit7 S' E I b6zec� �R 11x. a c� r.�o q-,t�.e o ,�,v I I 1 I 1 I i j I i I � i 1 i I i i i I i � I I I I i I t OKMed by Date b'10/1s/ 1 TOWN OF NORTH ANDOVER LIST OF PARTIES OF INTEREST: PAGE OF SUBJECT PROPERTY MAP PAR # NAME ADDRESS S(- :2 P O ABUTTERS: :S 15-3 neI tl•T•- v r-OA/ I 3 s 7 I S c- AwmoO 0 .e S e N�� yowD bq 3Z 1 'c J<O I57 6, a I jt,4i+ ,wy /22 E5� s 0 bf- fif- I s ooze c} f1( ,rye ct •�oo T- ✓r„' STn eAJ19 • nv I I i I I I I I I I i I i Certified by - Dste ��?O / B of Assessor orth Andover CERT. BY : DATE: . Uf`HbtlTHHOQ Zoning Bylaw Denial ��� ��`�� Town Of North Andover Building Department 9 A�qAry.I.111(y 27 Charles St. North Andover, MA. 01845 �$sACNUS�"K Phone 978-688-9545 Fax 978-688-9542 Street: U A K Map/Lot: H_� Applicant: /t) JL)C. Request:q Y-i 'DL-zi(JN• L- -e.-i��ch� � Ga r�G� � �crNs�v�U�. !ve( Date: 96 z4z 6 / Qi ,4�ia��mac✓ CA,�¢�; Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: y� - Zoning R-3 /c(- Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies3 Preexisting frontage y C__ 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area A),q... 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required -I 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C I Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient e 2 Complies 3 Left Side Insufficient 6I'e = 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information -its 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting I Not in Watershed a Insufficient Information 2 In Watershed Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 2 In District review required 1 More Parking Required 2 Not in district 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item # Special Permits Planning Board MHei Site Plan Review Special Permit riance Access other than Frontage Special Permitriance Frontage Exception Lot Special Permit Variance, Common bfivewa Special Permitiance Congregate Housing Special Permit Variance for Sin Continuing Care Retirement Special Permit Special Permits Zoning Board Independent ElderlyHousingSpecial Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special PermitSpecial Permit preexisting nonconforming Watershed Special Permit �.�,, �,.� f The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. -Building Department Official Signature Application eceived Application enied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: ro' �q. L 1 14,7",U;4 /�C! o7 tiCl CJ /I2. -e.et,.) Di44"-e%�i/L c 411r11 ��(JIt�Gf' S/CA-,.. -S ,P'4 1-114 C 5 '7111 Referred To: Fire Health Police Zoning Board Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT ' ~ .;�'4.'�• Y, �".��' � y .gyp!! k,.� �,� �E� ^t.� �1i. �• ir,4 .�y, i ,J ski It'1 �.1 1��� 4 .e ;w 1�Y�M�X.Y 1 1 ii .,4,7. ► ,fir; ";,,,�%a��. --/��a4 y'� �{, •, , �,. �:;,. . jr:6'�r •• .L�i.v� tl; ' '( r�,:,L'��� a�tl`Y f''�.:4%` �rµl, '�.�F. 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