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Home My WebLink AboutMiscellaneous - 50 MARBLEHEAD STREET 4/30/2018 (2) O f i f l V QQs08 an - -3 -(� Art tA� — 3koMoa dne ar _ mo,Y- e �eu S IIS CO i i t ,be F i ct I lk- ncompleLeN,,A�Z,��BA� ,)ate: 'Aissiu¢.l E717-7515 e � ee Town of North Andover Office of the Zoning Board of Appeals \/ m munity Development and Services Division J� 27 Charles street :k ,►•+ / North Andov �'' " " • ; Massachusetts ... usetts 0184 , 5 to Telephone(978)688-9541 sioner This is to certify thj%e9j4)^jU42 have elapsed from date of decision,filed without filing of an apps I. ti Any appy shall be filed Netux o(Decisioa Date�(/oy o?DmS� o within(20)days ager the Joyce A.Bradshaw Year 2004 Town(:W o date of filing of this notice in the office of the TownProperty at: 50-52 Marblehead Street ° o rte- /� NAME.; Michael Liporto HEARING(S): August lU&October 1� �,' 12004 ADDRESS: 50-52 Marblehead Street < cn PETITION: 2004-021 — rn x North Andover,MA 01845 77 TYPING DATE: 0004-02 15,2004Andover w 120R Main Street, Board of o p� a�� at�regular meeting in the Senior Ctmter, North`�nd �' ,MA an Thy,October 12,2004 at 7:30 PM 1�had.IJPort%50-52 MarblehesW S upon the application of Sechaa 7 treet,North A>dover,requesting a dimensional Variance from ,1'aragrap S 7.1,7.2,7.3,and Table 2 for relief of lot area,street frontage,and setbacks on the . -, g sbcrx;tures in order to divide an non lot non-conforming Special Permit from Section 9,Paragraph �to�g into two non rming lots;and a Proposed new lot, the said premise affected Proposed e-family dwelling on the : StW p1° 'with an ortheast-side of August , R-4 inning district The legal notice was published in the Eagle Tribune on J X26 8c :t- The ` The folio wing members were present: Ellen P. Byers,and Albeit P.Manzi, following non-voting Mc�'re,Joseph D.LaGrasse,Riichard J. IPPON,Richard M Vull ,and Davim mbersWebster were preset John M Palloney Thomas A >`~ Webster: Upon a motion by Joseph D.LaGrasse and e r h r.,.r �-�,s by Richard J.Byers the Board voted to GRANT the to divide the existing lot(Map 8,Parcel 13)into two lots,both Variance from Table 2 and Section 7,form needing dimensional Paragraph 7.2 for relief of 25'street Rants 7'I for relief of 1,463 sq.R lot area each,from >> of the ge each,and 60111 Paragraph 7.3 for relief of 7'from the left side ung house,and 10 from the right side setback and 28.5'from the new rear lot line for the gaffe;and upon a motion by Joseph D.LaGrasse and 0 to GRANT a Special Permit from Section 9 by Richard J.Byers the Board voted lot to be Paragraph 9.2 in order to allow an divided into two non-conforming lots in Order to construct a new ' ung elliagnon n the g -4 new lot per Plan Of Land,location 50-52 Marblehead S e Y dwelling is the N � Liporto,Date:hors 30,2004, Frank �,North Andover,Ma, for Michael by S. Giles P.L.P IL LS.#41713,Scott L.Giles,Frank S. Giles Marblehead50,Souto Elevate Andover,MA 01845,and(building plans fort Mike Liporto Ground Floor Planl/8"=1'-0",with the following Roof Plan and Second Floor Plan,and Basement Plan and 1• The Proposed new lot's �8 condition: structure shall be a one familydweWn only. Voting in favor. Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Albert P.Manzi,M. The Board finds that the long,narrow lot shape has satisfied the Provisions of Section 10 the Zoning Bylaw in that the granting of this Variance will not adversely affect the neighborhood,Paragraph because of the two new lots are not more non-corrforming than�y existing mei isor d because the intent a�purpose of the Zoning ghborhood parcels or derogate from Provisions of Section 9 �Bylaw. Also,the Board finds that the applicant has satisfied the ,Paragraph 9.2 of the zoning bylaw and that such change,extension or alteration shall not be substantially i mal than the exissfinng structure to the neighborhoodATTEST: D Pagel of2 A True Copy NOVI 90 ?004 O ' Town Clerk 1)Qk j rt L4,"1'978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978.688-9535 Town of North Andover pORTM o �`" ♦� Community Development and Services Division 'AOffice of the Zoning Board of Appeals 27 Charles street :k.� ,�• North Andover,Massachusetts 01845 �', �••+� •s�cMus D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Faf tv( 7 This is to certify the9j4)^g42 have elapsed from dpattee of derision,filed Any appeal shall be filed without filing Date an appeal i• within(20)days ager the Note of Deeiaioe Joyce A.Bradshaw -r Year 2004 Town CW' o -� date of filing of this notice in the office of the Tawe Clerk, Property _ `' ah 50-52 Marblehead Street z r-I NAME:. Michul Uporto H IRIN A o� G(S): A 10 0 •c agnst &October 9 1-r 2004 ADDRESS: 50-52 Marblehead Street <-r-C PETITION: 2004-021 — VrI� - Noah Andover,MA 01843 . TYPING DATE: October 15,2004 w The North Auower Board of Appeals held' 1�� 12OR KVm Shag, hearing meeting in the Senior Center, Nam.Andover,MA ors TAY,October 12,2004 at 7:30 PM 1�had.hporto,50-52 Marblehead Street,Notch Andover. ��application of Section 7,Paragraphs 7.1,7.2,7.3,and Table 2 for relief of lot� a tonal Varma from existing in order to divide an �,street frontage,and setbacks on the Special Permit from Section 9,Paragrapher�g lot into two nonconforming lots,and a Proposed new lot, The said Premise affected ys prdp�y with proposed��Y dwelling on the `a Street within the R�zoning frontage ortheast-side of Marbl August 2,2004. The legal notice was published in the Eagle Trrbune on July 26& .: The folio `-' Albert P. members were Present: Ellen P.Mclnty%Joseph D.LaGrasse,Richard L Byers,and - s WOW%Ricliand M VW11 �i,IIL The followmg non-voting d R.w�were pmt John M Palloney Thomas D. � Upon a motion by Joseph D.LaGrasse and eby Richard applicant's request divide the J Byers the Board voted to GRANT the �z w Variance from Table 2 and =sting lot(Map 8,Parcel 13)into two lots,both needing dimensional Section 7,from Paragraph 7.1 for relief of 1,463 sq.8.lot area Paragraph.7.2 for relief of 25'street frontage each,and from P each,from aragraph 7.3 for relief of 7'from the ld t side setback of the existing ,and 10'from the right side se�ack and 28.5'from the new rear lot line for the ung garage;and upon a motion by Joseph D.LaGrasse and 21 by Richard J. c� to GRANT a Speaal Permit from Section 9 Byers the Board voted lot to be divided into two non-conforming lots in 9 2 in order to allow an coasting non.00nfo� c- new lot per Plan of Land,location 50=52 Marblehead S oonsttuh anew single family dwelling on the N Liporto,Date:June 30 2004 H, ,North Andover,Ma,prepared for Michael b3'Frank S. Giles P.L.S.#41713,Scott L.Giles,Frank S. Giles Surveying,M Dom,R Road,No.Andover MA 01845,and(building plans for]Mike Liporto, Marblehead St.,East and South Elevations,Roof Plan and Second Floor Ground Floor Plaul/r=1'-0" with the following condition: Plan,and Basement Plan and 1• The proposed new l,ot'$$tructune shall be a one family dwelling,only. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Albert P.Manzi,III The Board finds that the long narrow lot shape has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw in that the granting of this Variance will not adversely the two new lots are not more nonconforming than TAY affect the neighborhood because Ile intent and purpose of the Zo�mow' �3'existing neighborhood parcels or derogate from Provisions of Section 9 Para . Also,the Board finds that the applicant has satisfied the graph 9.2 of the zoning bylaw and that such change,extension or alteration shall not be substantially more omental than the existing structure to the neighborhoodATTEST: 0 Page 1 of2 A True Copy 'NOV � � ?004 Town Clerk LA@►esls 978.688-9541 Building 978.688-9545 Conservation 978.688-9530 Health 979-688-9540 Planning 978-688-9535 Town of North Andovero,N �,,,♦ Office of the Zoning Board of Appeals •'`' Community Development and Services Division 27 Charles Street North Andover Massachusetts Ol as chose 845 .uNus� D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 C=D T — =+c?n fi rft r-� D��n F if the rights authorized the Variance are not exercised within one 1 of m z arrthermore, gh by Oyear a datc$f �r—D< the gear,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,i o o Special Permit under the ' 'ens contained herein shall be deemed to have after a two 2 �_ Year period from the date on which Special Permit was granted unless substantial or constructio`a ) m _� has commenced,k-shall lapse and may be re-established only after novice,and a new hearing. w w Town of Narth Andover Board of Appeals, pAA A Ellen P.Mclntyre,Chair Decision 2004-021. M8P13. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 979-688-9535 s C:AWR•F 1. � ��f�''-t�v A r RCS MAc� Or'- c . ,,, IJ . laS �kRam # / k7do34 ` o r 2 g pyg °mR s -31 § a; n g . Sl my � f . 4 a&1 +ril 1 te yln 7666vssvw � +gO E1A ,, o,t3 � a/m R U79A �®m 93) 273 N O V § -. 2004 BOARD Or'APPEALS) ' - � .. � . Town of North And6ver Of ,►ORTF, Office of the Zoning Board of Appeals o "� :,•.. c Community Development and Services Division 'X 27 Charles Street : North Andover,Massachusetts 01845 ;ACEc�' D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision o within(20)days after thec Year 2004 , -t M date 'of filing of this notice in the office of the Town Clerk. Pro_perty at: 50-52 Marblehead Street _ c NAME. Michael Liporto. HEARING(S): August 10&October 1 r D"� CD, 2004 .� ADDRESS: 50-52 Marblehead,Street PETITION: 2004-021 a North Andover,MA 01845 TYPING DATE: October 15,2004 w The North Andover Board of Appeals held a public hearing at its re North Andover,MA on Tu regular meeting in the Senior Center, 120R Main Street,N Michael Liporto,50ort Marblehead Street, 'October 12,2004 at 7:30 PM upon the application of NOS Andover,requesting a dimensional Variance from Section 7,Paragraphs 7.1,7.2,7.3,and Table 2 for relief of lot area,street frontage,and setbacks on the existing structures in order to divide an existing,non-conforming lot into two non-conforming rmm lots;and Special Permit from li > a Section 9 P ara h 9 grap .2 in order to build a proposed single-family dwellin on proposed new lot. The said premise affected is g the Street within the R-4 zoning district. The le Pr�rtY with frontage t the Northeast side of Marblehead August 2,2004. notice was published in the Eagle Tribune on July 26& The following members were present:. Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Albert P.Manzi,III. The following non-voting members were presem John M.PallOne,Thomas D. Ippolito,Richard M Vaillancoiut;and David R Webster. U Il. motion n po otion by Joseph D.LaGrasse and 2a by Richard J. Byers the Board voted to GRANT the applicant's request to divide the existing lot(Map 8,Parcel 13)into two lots,both needing dimensional Variance from Table 2 and Section 7,from Paragraph 7.1 for relief of 1,463 sqft.lot area each,from Paragraph 7.2 for relief of 25'street frontage each,and from paragraph 7.3 for relief of 7'from the left side setback of the existing house,and 10'from , the ri side setback the existing � and 28.5 from the new rear lot line for garage;and upon a motion by Joseph D.LaGrasse and 2°d by Richard J.Byers the Board voted to GRANT a Special permit from Section 9,Paragraph g.2 in order to allow an lot to be divided' existing non-conforming into two non-conforming lots in order to construct a new single family dwelling on the new lot per Plan of Land,location 50-52 Marblehead Street,North Andover,Ma r for or rto Date: prepared Michael lm June 30,2004,by Frank S. Giles II,P.L.S.#41713,Scott L.Giles,Frank S. Giles Surveying,50 Deermeadow Road,No.Andover,MA 01845,and[building plans for)Mike Liporto, Marblehead St.,East and South Elevations,Roof Plan and Second Floor P »_ > and B Ground Floor P1an1/8 —1 �> Basement Plan and -0 ,with the following condition: 1• The proposed new lot's structure shall be a one family dwelling,only. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard L Byers,and Albert P.Manzi,in The Board finds that the long,narrow lot shape has satisfied the provisions of Section 10 the Zoning Bylaw in that the g ,paragraph because of granting of this Variance will not adversely affect the neighborhood because the two new lots are not more non-conforming than many existing neighborhood the intent and purpose of the Zoning Bylaw. Also,the Board fin parcels satisfied derogate from ds that the Provisions of Section 9,Paragraph 9.2 of applicant�satisfied the 1'inP the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood Pagel of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 -- 1 Town of North Ah4o'V& Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 ''sc �` D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 C= J= C-J - X7 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date-9f �M only after notice and a new hearing. Furthermore ' a r the grant,it shall lapse,and may be re-established o yc_r x�cn c Special Permit granted under the provisions contained herein shall be deemed to have lapsed after atw 12) < z 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. w w Town of North Andover Board of APPS Ellen P.McIntyre,Chair Decision 2004-021. MR13. Page 2 of 2 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 NortTM Office of the Zoning Board of Appeals F o`t,�•. •'��p Community Development and Services Division 14, 27 Charles Street ` �`'• North Andover,Massachusetts 01845 cHuget D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover, MA on Tuesday the 10'h of August, 2004 at 1 f Michael Li orto 50-52 Marblehead 7:30 PM to all parties interested in the ea o P PP P Street,North Andover, requesting a dimensional Variance from Section 7, Paragraphs 7.1, 7.2, 7.3,and Table 2 for relief of lot area, street frontage, and setbacks on the existing structures in order to divide an existing,non-conforming lot into two non- conforming lots; and a Special Permit from Section 9, Paragraph 9.2 in order to build a proposed single-family dwelling on the proposed new lot. The said premise affected is property with frontage on the Northeast side of Marblehead Street within the R-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle Tribune on July 26 & August 2, 2004. 1 Le alnotice 2004-021. ` - - M8P13. m�w v vra :o m w m vw Z$�m�O�Nn3°Ys .W r " Cz �q N55�3W< rc 'Bm 3°'cw3 o,°-aLc. a'c°i��m°a�DDm�yvmZOZ M^ AI We)-cnw_aco•�a�_ 0.10D a93w °�� w'ccmw�•Qm�°rc�_��p�ro zo>5r ,_1-'.'1%•- °�voa0m°�7� a�ao��°3Nco°oomwc 9.M – -1 � ysm=2121aX> 7-� -1 C-377-; c o�c�myraww�f.am .waav<°om°�a�cmm�°3a�r��y'moiw�°vO=rr V )c� 'Z' ��'O;E92ooywo�oNov°a `.�° m3°5' n3 !R—..� °�D Z 3'° O S fD N 7 N (A o- Al"N 7 G Ol N S (-r rnoCD o �y Dm w o< �r.?'oaf��>>�2 n Sm 2 y o im o adv y��X00 ao m�� g�y� oa °��w, mwm�'aE'o 0(090=3 c dos yov� rJ� wwQvc cam co owl 3my pa m`�oyc ° .� oomN w-rQ m wma Wva m 0 �-1 C mg DD. anz�ov !'moo-4� '�mwm3�'cxv�D'wm ,43<�mo°0(D 52<L3.0 `n•�.7momA � =:3 �a nai o" w s v; ��r.y 3 o .gym o w.i�'. o�ibs� .o .o M ;Da O 3G SJ(D a SN N O ^ita 7 N- - N... 07_ 7 n 7 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 978-688-9540 Planning 978-688-9535 No..af3 �` Date D F 3r C4 NO R7 a 1�OOL TOWN OF NORTH ANDOVER ° p - BUILDING DEPARTMENT .Ar.°AI Building/Frame Permit Fee $ SSACHUS� .. _ ` Foundation Permit Fee $ ' [ �^� L Other Permit Fee Lr�� $ La -c rf. (9 101 5c Il ��u pis C-u � 0c �- 176D' q'9 �/ � !MUMTg nspec or - 6A w ZBA 2 1 0 4j» <, Date!`..t.1 .Q.�... OF NORTIy,� o� °gyp TOWN OF NORTH ANDOVER RECEIPT ,SS'aCHUr�'E� This certifies that f'.!, 1,lv1 ..j...'�'... A. Q��..... 1 has paid., .....�.ov.±.G�4!......C_hr�... ...�'..�.j................................. for....VA.. . ........ ...... Receivedby... ................................................. Department.....777AA..................................................................... WHITE: Applicant CANARY:Department PINK:Treasurer DCT-06-2004 02 :31 PM GILES, P. L. S. 978 683 2645 P. 01 Scou. L, Giles, 11.4an d Surveyor F1tANK S.GILES 50 Deer Meadow Rood Bos. (976)683-2645 North Andover,MA 01645 Hume(978)663-3924 IOAW004 NORTH ANDOVER ZONING BOARD 27 CHARLES STREET NORTH ANDOVER, MASS. RE' THE VARIANCE REQUEST OF MICHAEL LIPORTO A T#52 MARBLEHEAD STREET. IT IS MY OPINION THATBECAUSE OF THE SHAPE OF THE LAND, A LITERAL ENFORCEMENT OF THE BY-LAW WOULD INVOLVE SUSSTAN77AL HARDSHIP. VERY ULY YOURS, se— SCOTT`L. GILES R.P.L.S, OCT g - 2004 D BOARD OF APPEAUS .�c�- +.+ J'T aJ J.JC •'v•" • • a,u V LI♦ u r uUUOJ.JTL �-+• G Town of North Andover °t x°o';,h ju UIP P ce!:;of the Zoning Board of Appeals 3= ' p t �tO � �` �� Development and Services Division 27 Charles Strvot � ,��t5 S 100 SEP 22 A q:Nqjh Andover, MossorhuseUs 01845 sAcNuso D. RobQrt Nicettu Tolelihont' (Y78) 688-51341 th(ilclirrs; Fax (9'8)(,88-954 Date 5t:P cc►� (:o�1=• TO: Town of North Andover Zoning Board of Appeals 27 Charles Street Forth Andover 'vLk,01845 16 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a XVariance XSpecial Permit Comprehensive Permit (40B) Finding for property located at: i STREET: 50 S-2 t-"`-Q—q LE' 'Aw-40 Src�m-r:--r V. AP: b PARCEL: 13 TOWN: Non.-ra TO MEETING DATE(S): NAME OF PETITIONER: T Lt o Signed: . V Petitioner(or petitioner's representative) WAIVER IE., t'.lpj)C;1k 7,N-68K-95•!1 I3uiIding97k-688-9545 C'uuticrrttiuu)7K•6kk-'JS;1U lfanith97k•6Kk )s•ltl I'I;nmin;v?k-ok:i•v5.ii Ol�Vii G SEP '16 2004 A BOARD OF APPEALS ;t 'To w N o Z oN c r 6.mm ptt� el �isnt�LC 5 S rtz-L�T p�/'►1� M�M/$Lr(i-`� rs� -r'1-LLQ 6�l�ft-� f V4.3.,t_10 V 1 TQ EST -r- TL oJh T-14 I jC.Vxmvvi-gip MLST V- ® 9 - 2i -o A�- J.') T4 niPT pnn 5T►c-t_. w � ENG-t-j Lw-,irn_ se w Y LEn.. �p NTS I°`� S.,Pp '(t_-t' d iG U"�`T /�►�(�-t c./�T. o.> \T Sp��11F►c., �P� �' •.� 3C ft_�S�-tom GAS 13 12>� v F-5 T t4-('E -.x_.� D�-�'1P Tc a X- r{E (3,i=G-►r-� r+ tJ Tt$E: i �... 1't_��SC �voT•� Tu-PT � laAvE i �ce.c� vbt�to �' N �� MY u�R- T� M`t S.►b+"�1 S S 1�.� T►�-I�-T C?�F'L1✓GT•f TN-�' ��1�o e'Z M /'T�'� � ISEP (Z-(L- � AiPet. tcATocz�.r. 1 f 2004 Town of North Andover o' tkORT q"O Office of the Zoning Board of Appeals 0j Community Development and Services Division ; ; ; 27 Charles Street North Andover, Massachusetts 0184 ,S$ACHust D. Robert Nicetta Telephone (978)688-954-1 Building Commissioner Fax (978) 688-9542 Date 00 /D ' (� TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance S ecial Permit Comprehensive Permit (40B) Finding for property located at: STREET: R ee) MAP: PARCEL: 13 TOWN: 0,r vide, r TO MEETING DATE(S): NAME OF PETITIONER: W Signed: 6.11 _ Peti io r (or petitioner's representative) ' ' f r— D 1S lvJ 15 U 15 VER AUG 1 011MA' �)>,,als 973-688-9541 Building 978-688-9545 Conscr\ntion 978-6S8-9'30 1 fcA1h 978-68S-9540 I'I:uuiin 'J78-iSS-y;3; BOARD OF APf' a-V o y - 0 a-l 1 f 1 1 y5 �r 4 a 6 . 'LTLi T�-' TKIOW --.-IT-itti4 �. L -11 4 4Ev it !. I v L Ism-LIT rL _ I Iq 'h. 5 Y Q L S73tiy ° NIM—B _ '�Tet�q:7 27 •�hf �l � j 91 {, 16 1 AUG 14 ! �- 1� � _ G 1 0 2004 30, BOA `•`» -, 4� '' � ! I RD OFAPPEALS f T'^47141 CLERK ;JH ANDOVER TOWN OF NORTH ANDOVER VARIANCE29 }O`s"- M ZONING BOARD OF APPEALS 4 NMI 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 informationThe 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 . II� Regulations and is not meant to.,.supersedethem i.>Items_that - STEP 7• DELIVERYt`OF LEGAL NOTICE TO are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE: ' The petitioner picks upr 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 4. 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:; F. 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 Tpwn Clerk Step 10: RECORDING CERTIFICATE OF DECISION certifying the time and-dateof flung. he remaining ten PLANS. copies. remain at the ice of the tonin'•Board of, . .The.' etitioner is responsible for,,recordin certification of *' _ p es.will F _ ..off 9 P P 9 Appeals secretary. the decision and any accompanying Plans at the Essex County North Registry of Deeds, Lawrence STEPS: 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 j information,the petitioner requests from the Assessors Appeals and the Building Department Office. Office a certified list of Parties in Interest(abutters). D IMPORTANT PHONE NUMBERS:. - � .JAL 1 3 2U04 978-688-9541 Zoning Board of Appeals office - 978-688-9501 Town Clerk's Office BOARD OF gpPBAL$ 978-688-9545 Buildirig Department PAGE a of a VARIANCE u . 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 apd factually supported and addressing ` 1. North point each of the following iwints individually is required with this g 2. zoltit#g 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 13. 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 1 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 feat resin solid lines&outlitied-in rets C. Facts which make up the sdbstantial hardship, T ;, 2• Existing features to,be removed in dashed lines financial or otherwise,which results from literal 3. Gtaphic 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 substantia1,detrime6t to .surveyor. a N the public good. E. Facts relied upon to support a finding that relief sought 10 D. FURTHER REQUIREMENTS: j Major Projects shall require that in addition to the above may be given without nullifying or substantially � � q 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 zonstruction/conversion/and/or application. a proposes 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 j Office and ZBA secreta at least thirty 30 days prior to A. Notification Fees: Applicant is to send by Off e n secretary Y ( ) Y certified mail all legal notices to all abutters, and the public hearing before the Zoning Board of Appeals. _ 9 � then supplyroof of mailing to the ZBA secretary. P 9 rY 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 EK 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 Page 2 of 4 Application for or a VARIANCE Zoning Board of Appeals v 1. Petitioner: Name, address and telephone number: M c_ha�l L. ; oor to 50 - a ,Alae ble,head Nor +►n :AlndQg r' Ma o ig-i5 '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: NI i chnQ. L100t- -}-O 5O -5a Ma�1•,1� h.a' c3►�1 St , Nor-t�tn } nda�e,r AAa 018,yS ( 9 - 8� b8S -01555 Years Owned Land: -+ 3. Location of Property: a. Street: M a ye61 e-:h e-ald Zoning District " b. Assessors: Map number a Lot Number: t 3 c. Registry of Deeds: Book Number 485to Page Number: 5 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 aqui -i b cy'.. yar 'oincearnd a in o.. Pro ose.d� - bu+ ! c,�a'na req �a re Sycur i anc a n aria . 'The above description shall be used for the pur . A more detailed description Is required pursuant to the a of the le ai notice and decision Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) 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 s. 1.a►b� N N / % '<opastd� I Page 3 of 4 Application for a VARIANCE Zoning. Board of Appeals. 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set . Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 1 0-45 W I A % ` t log `b' l' tc,5+ t c. Proposed Lot (S): I Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back* l Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear (05 NIA NI % - 15" a ' - -�- � .:�► �_� tom` 1 b� 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 2.560 NIA N A too, a 0# t 57 P ' 7. a. Existing Buildings: Ground Floor. Number of Total Use of Square feet Floors Sq. feet Building* I X00 _ fie ide,n-��al *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* ; I _ M o a aoo "-sidtni a 1 *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 legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and . Regulations may result in a dismissal by th Zoning Board of this application as incomplete. Si nature Tvoe above name (sl here Jul ua u4 lu:U7a NORTH RNDOVER 9786889542 J P. 1 Zoning Bylaw Review Form Town Of North Andover Building Department 27 Charles St.North Andover, MA. 01845 Phone 978-688-9545 Fax 978.688-9542 Street: Ma /Lot: lieant: r c. a e 1 Be f'?7 Re uest: S P n e c l Date: Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zonin R— Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient no P05-1 1 Frorda a Insufficient 2 Lot Area Preexisting y S 2 Frontage Complies 3 Lot Area Com lies 3 Preexisting frontage f e-5 4 Insufficient Information 4 . Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 S clef Permit Re uired `i > 3 Preexisting CBA 5 Insufficient Information 4 Insufficient In-formation C Setback H Building Height 1 All setbacks comply 1 He' ht Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient fin, 03 a t 3 Preexists Height 4 Right Side Insufficient P— o sa 4 Insufficient Information P—Pasa, 5 Rear Insufficient 1 Building Coverage 6 =Watershed setback s HBsCso-s1 1 Coverage exceeds maximum 7 Information 2 Coverage Complies K x S D 3 Coverage Preexisting e 1 rshed '{ 5 4 Insufficient Information 2 ed J Sign :J3 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insuff Tent information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district �(� 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-exislin Parkin K� Reined for the above Is checked below. Item>i I3oecial Permits Planning Board Item# Variance Site Plan Review Special Permit 3+y Setback Variance Access other than Fro rrta e S ecial Permit 1—arlang variance Fronta Exce tion Lat S eclat Permit i4-1 Lot Area variance fnc✓ a y-� Ca mon Driv S ial Permit Hel ht Variance cc n r e Housin Special Permit Variance far Si n Continuing Care Retirement Special P�ntk S cial Permits Zonin Board Inde ndent FJ HousingSpecial Permit S ecial Permit No Confonnin Use ZEA Lar a Estate Co Planned Develo ndo special Permit Earth Removal ecial Permit ZBA ment District 5 ecial Permit 5 acial Pei it Use not Listed but Similar Planned Residential S sal Permit Special Permit for Si n R-6 Density Special Pernik ez_ Special permit for preexisting Watershed ecial Permit nonconformin The above review and attached MIlArmlign of such is based on the plana and Information wtirnitlet No definitive review and or advice shell be taxed an verbal wlan hens by the applicant nor shall such verbal w0wr atiore by the applicant serve to provide definitive answers 10 the abov*ed ymaw=the a for Any In8mrWie6,misleading inbrmstion,or other subsequent changes to the Information.Th9 submitted by"w appy shalt be grounds for this review to be voided at ere discretion of the Building Department.The attached doeurnent»ted•Plan Review Narrative•shall be Beached hereto and discbnoretion r herein oY reference. The building department VWN retain all Plans and documentation for the above file.You must file a naw appieation form and begin the permitting Prones. Permd Building Department off Si 7 / O 7 d �R " APpliEatr. Received APPIi t' Denied 50 DEERMEADOW ROAD NORTH ANDOVER, MA 01845 E-MAIL FrankGilesSurvey-mediaone.net TEL. (978)683-2645 (978)683-3924 SURVEYING LAND PLANNING CONSULTING July 12, 2004 To: NORTH ANDOVER ZONING BOARD OF APPEALS From: FRANK S. GILES, P.L.S. RE: VARIANCE APPLICATION from MGLA ch. 40A Sec. 10 Site: 50-52 Marblehead Street This document is to address a requirement WRITTEN DOCUMENTATION of Section on page 4 of 4 on the Variance application. A. The particular use is existing as a Two Family Residential and remains as such. Thero 0 p p sed shall be a Single Family Residential Home. B. The soil conditions,topography shall not be altered or affected. C. The hardship is a pre-existing non conforming situation and with a growing family needing more room to function properly. D. The proposed lot will be consistent with conditions in the immediate area. E. The zoning is meant to protect the public health, safety conditions,traffic overcrowding conditions do not derogate the purpose. This allows the family to maintain a level of housing for the level of income . F. There are no wetlands on this property or within any jurisdictional distance to.warrant a RDA. Please call me for any questions you may have in this matter. Thank you Frank S. Giles, P.L.S. V 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 abu#ters 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 8 13 MICHAEL LIPORTO 52 MARBLEHEAD ST. NORTH ANDOVER, MA 01845 ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 8 12 BARBARA KING t.46 MARBLEHEAD ST. 8 14 ROMAINE GIARRUSSO X60 MARBLEHEAD ST. 8 11 MAJORIE HARGREAVESLA2 MARBLEHEAD ST. 8 10 MELILLO TRUST c38 MARBLEHEAD ST. 8 16 MASSEY FAMILY TRUSTIfil ST�NDISH ROAD HAVERIIILL,MA 01832 8 18 JOHN ATSPINS v51 MARBLEHEAD ST. 8 19 JANET LEES I�MARBLFjWAD ST. 8 20 CHARLES DICHIARA� 3 MARBLEHEAD ST.Y,`�, 9 27 JEFFREY BOYLE _45 MA"LEHEAD ST. 9 75 RUSSFL MANNING As MARBLEHEAD ST. 9 74 LAURIE BURZLAFF 24 BALDWIN ST. This certifies that the names appearing on the records of the ssesso Office as of np Certified bDate 4®rellv_-IIMPOO�f THIS INFORMATION AS OBTA DAT THE ASSE$SSfIRS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE: SIGNATURE PAGE:T 1 OF T,1_ w I 0 V i I I � M I ip ml O _� I N C -C) ® ® ® CID0')I 45'-0" 15'-0" East Elevation 1/81)=V_0„ I B 28'-0" 6 -6,� ,I ' 30'-0" South Elevation 1/8'=1 '-0" WAM OF APPS Y i ! I i I I. i I i � I i i ! ! I I � � I f'V-J-1J I BASEMENT GARAGE (slab on grade, ! above) ; I I ; • ! III ! t II ; I � , -- - ------------------------ - I _J , L_______________________________________J BasementP I--------------------------------------------------------J I 1/8 V_0„ I 45'-0" DECK `!BATH • I 1 1 I I 1[3i LIVING ROOM KITCHEN I LAUNDRY I II I . I I 0o 6' --- N I 1 GARAGE 1 I 1 I 11 I I j DINING ROOM ' I I 1 II L-__--__-__ ENTRY HALL (double height) I CIA I I i � I � I r Ground Floor Plan - 18'-3" I , 1/8"=1 1_0,t r'C! 3 A AD )HA",% TOWN CHRK TOWN OF NORTH ANDOVER _ -F;-,11 f,Nr- vSPECIAL PERMIT ZONING BOARD OF APPEALS21 Ji,11.1 I A IT3 on - 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 notice for mailing to the parties in interest abutters and Ten (10) copies of the following information must P (abutters) for publication in the newspaper. The petitioner,is be submitted thirty (3%,days not later than noon 'notified'that the legal notic&has been prepared.grad the, prior to the first public hearing. #aiIutr�e to submit cost of the Party in Interest fee. the required irifor'matiori 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 IIS 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 4: PUBLIC HEARING BEFORE THE ZONING The petitioner applies for a Buildirg Permit and BOARD OF APPEALS F 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 PERMITAPPLICATION 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 1E1 shall be After" 9: healri a cb ` completed. Og, py of theBoarfi s decision will be u 4 sent to all parties in interest. Any appeal al 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 Se The petitioner is responsible for recording certification of Secretary.rY the decision and any accompanying plans at the Essex The-original will be stamped by the Town Cleric County North Registry of Deeds, Lawrence certifying the time and date of filing. The remaining ten Massachusetts, and shall complete the Certification of copies will remain at the office of the Zoning Board of Appeals secretary. Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. STEP 5: LIST OF PARTIES 1N INTEREST:` Once the petitioner submits all of the required information,the petitioner requests from the Assessors jOffice a certified list of Parties in Interest(abutters). i p � C� L� pd � JUL3 3 D � 2004 IMPORTANT PHONE NUMBERS: 978-688-9501 Town Clerk's Office 978-RAR-95d5 Rniirtinn r)PnartmPnf PAGE 4 OF 4 Application for a"SPECIAL PERMIT St.' t?rt `,3 "M NN` S�NUNN; 'i �3!., sa F w � N 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typeg memorandum setting forth in 10 C. FEATURES TO BE INDICATED ON PLAN:y detail all facts reliea upon This is.required.in the case A. Site Orientation shall include: of a Special Permit when the following points, based on 1. North point MGLA ch. 40A, sec. 9 of the North Andover Zoning By-Law 2. zoning district (s) and P 9.2 Special Permit Granting Authority shall be clearly 3. names of streets identified and factually supported: Addressing each of the 4. wetlands to be shown on plan (if applicable) below points individually is required with this 5. abutters of property,within 300 foot radius application. 6. location of buildings on adjacent properties within 50'from applicants proposed structure 1. The particular use proposed for the land or structure. 7, deed restrictions, easements 2. The specific site`is dimappropr4ate location for such, B. Legend &Graphic Aids: use, structure or condition..• S 1. Proposed features in solid lines$�outlined in red, 3. There will be no nuisance or-'serious haierd to ` 2. Existing features to be removed in dashed lines vehicles or pedestrians. 3. Graphic Scales 4. Adequate and appropriate facilities will be provided for 4. Date of Pian the proper operation of the proposed use. 5. Title of Plan 5. The use is in harmony with the purpose and intent of 6. Names addresses and phone numbers of the the zoning by-law. applicant, owner of record, and designer or 6. Specific reference and response to the criteria, sulveyor. - required by the particular special permit for which this application is made (i.e. Earth Removal Special 10 D. FURTHER REQUIREMENTS: Permit respond to criteria and submittal Major Projects shall require that in addition to the above requirements). features, plans must show detailed utilities, soils, and 10. Plan of Land topographic information. A set of building elevation and interior.of building plans will be required when the. . Each application to the Zoning Board of Appeals shall be application involves new construction/conversion and/or a accompanied by the following described plan. Plans must proposed change in use. Elevation plans for minor be submitted with this application to the Town Clerk's projects including decks, sheds,&garages shall be Office and ZBA secretary at least thirty(30)days prior to included with a side view depicted on the plot plan, the public hearing before the Zoning Board of Appeals. which include a ground level elevation 10 A. Major Projects 11. APPLICATION FILING FEES Major projects are those which involve one of the following A. Notification Fees:Applicant is to send by certified whether existing or proposed: a)five or more parking mail all legal notices to all abutters, and then spaces, b)three or more dwelling units,and supply proof of mailing.tb ZBA secretary. Applicant is c)2000 square feet of building area. to supply stamps(appropriate current postage)for Minor projects that are less than the above limits shall mailing of decisions to all parties of interest as require only the plan information as indicated with 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 Specfcations: 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 feeof$50.00 erapplication. 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. -An two (2)years if not exercised and a new petition must be submitted. PAGE 2 OF 4 Date &Time ` stamp I Application for a SPECIAL PERMIT 34 a001, North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: Michael Li por + - 61 # Nor 4 �5-8555 `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: Michael L 10 . 50 = 5a Mar le. head No(th Ando4cri moa. a) TStis (Cl $) t085 - R555 Years Owned Land: 3. Location of Property: a. Street: Marblth[ad 5 treGt Zoning District LA b. Assessors: Map number 8 Lot Number: 13 c. Registry of Deeds: Book Number L485 b Page Number: 153 4. By-Law Sections under which the petition for the Special Permit is made. e-C, i or *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: n Co YYYjj xtrUC-'(ArCL 14 C -r C r►G-►- A-V-CC-3e u�r _ (4 s t-e 4e e„ pro n tit vii) I "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 SPECIAL PERMIT NORTH ANDQVER ZONING BOARD OF APPE�4LS L . 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Spacr Front Side A Side B Rear t Bio . 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 to � _ N {A N1� �5' y M 65-4 N 1 A NIA % -15 ' a 30 c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft.' I Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 1a.500 N A NIA % ►00' 7 30 15' 15' 30, 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units a*too x_00 Q e I;de r, i-i a I oZ *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 ofNumber Square feet Floors Sq.feet Building* of Units ►,coon aoo Ke!,4*c +s*a J I *Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. .Signa ure Type above name (s) here M i C h a Ll L i Q o e-+o .,.�♦ V.:1 U 1Ud 1\U I\ 111 1'111 LU.Li♦ J lJI,�VJU 1� r. l a' Zoning Bylaw Review Form Town Of North Andover Building Department 27 Charles St.North Andover, MA.01845 Phone 978-688-9545 Fax 978.888-9542 Street: .5-0 /hA!e re-z 4P S . Ma /Lot /•3 C I-. ) Ilcant: r G. a t aGBe Y-h 4M fz, Request S P n e c l t 1 0 02 o g Date: a O y Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning R- Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient no P050b 1 1 Frontage Insufficient `i,e.s ro a 1 2 Lot Area Preexisting y e g 2 Frorage Complies 3 Lot Area Complies 3 Preexisting frontage Lf f-.5 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 4 3 PreexistIFN CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply f Height Exceeds Maximum 2 Front Insufficient 2 1 Complies 3 Left Side Insufficient n;, oa a( 3 1 Preexiiing Height r 4 Right Sloe Insufficient P„a a ya,1 4 Insufficient Information S Rear Insufficient I Building Coverage 6 Preexist) setbacks H Qs Cso-ser 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies •-f -S D Watershed 3 Coverage Preexisting e 1 Not in Watershed 4-e S 4 1 Insufficient Information 2 In Watershed J I Sign :� a 3 Lot prior to 117/24/94 1 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies b Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-exisling Parkin KQ RentedY for the above Is checked below. Item e Special Permits Plannina Board Item s Variance Site Plan Review Special Permit C 3+Yf Setback Variance Access other than Fronts e S ectal Permit Parldna Variance Frontage Exception Lot S ectal Permit r -I Lot Area Variance •f Fac✓ a y-c Common Nveway Special Permit -Height Variance Congregaite Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elde ousing Special Permit Special Permit Non-Confornin Usc Zl3A Lar a 'do Special Permit Earth Removal Special Permit ZBA Planned Development District S ecial Permit Special Permit Use not Listed but Similar Planned Residential Special PermitS sal Permit for Sign R 6 Density Special Permit J Special permit for preexisting • �( ranconfarmin Watershed Special Permit The above review and attached eplanation of such Is based on the Pons and Information submittal No definiBve rewlew and of advice shall be basad an verbal wiplanellons W the aPPImm nor shall such verbal eqAarietions by the applicant serve to Provide definitive an9WaB b the above reason ror Any Irecoumcies,misleading Information,at other su"uent changes to the informsdan submitted by the appllcent shell be grounds for♦his review to be voided at rhe dlscrdlon or the Buiklirng Drpiarfnent.The aftched document filled•Plan Review NartaBvs•shell be aasehed Wet)and Incorporated heroin by reference. The brumng departmentwtil Wenn all plans and documermlon forthe above file.You must file a new permit apPlieation form and bsgln the permitting process. . ) / 7 / /��1 7 cZ r to a. Building Department Official SignalyfR Applibti 1 Received Appli tfo Denied 50 DEERMEADOW ROAD NORTH ANDOVER, MA 01845 E-MAIL FrankGilesSurvey@mediaone.net TEL. (978)683-2645 (978)683-3924 SURVEYING LAND PLANNING CONSULTING July 12, 2004 To: NORTH ANDOVER ZONING BOARD OF APPEALS From: FRANK S. GILES, P.L.S. RE: SPECIAL PERMIT APPLICATION from MGLA ch. 40A Sec. 10 Site: 50-52 Marblehead Street This document is to address a requirement WRITTEN DOCLJMENTATION of Section on page 4 of 4 on the Special Permit application. 1. The particular use is existing as a Two Family Residential and remains as such. The proposed shall be a Single Family Residential Home. 2. The use nor conditions shall change; however, the structure is being increased by an amount consistent with the other structures in the area. 3. The abutters may voice whether a nuisance as the addition being built may not meet their approval. The vehicles and pedestrians are in no proximate area to this structure and therefore are of no hazardous condition. 4. The residential facilities are not a being altered with this proposed addition. 5. The use is to remain the same and is in harmony with the purpose and intent of the zoning bylaw. 6. The criteria for this Special Permit being requested for the extension of a non conforming structure is basing our appeal on a hardship of existing conditions on a financial situation of not being able to purchase a larger house for a growing family. Please call me for any questions you may have in this matter. Thank you Frank S. Giles, P.L.S. V Town of North Andover,Zoning Board of Appeals Parties of Interest/Abutters Lisfing 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 abu}ters 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 8 13 MICHAEL LIPORTO 52 MARBLEHEAD ST. NORTH ANDOVER, MA 01845 ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS 8 12 BARBARA KING 46 MARBLEHEAD ST. 8 14 ROMAINE GIARRUSSO 60 MARBLEHEAD ST. 8 11 MAJORIE HARGREAVES 42 MARBLEHEAD ST. 8 10 MELILLO TRUST 38 MARBLEHEAD ST. 8 16 MASSEY FAMILY TRUST 61 STArNDISH ROAD HAVERHILL,MA 01832 8 18 JOHN ATSPINS 51 MARBLEHEAD ST. 8 19 JANET LEES 47 MARBLEREAD ST. 8 20 CHARLES DICHIARA 43 MARBLEHEAD ST. 9 27 JEFFREY BOYLE 65 MARBLEHEAD ST. 9 75 RUSSf L MANNING 68 MARBLEHEAD ST. 9 74 LAURIE BURZLAFF 24 BALDWIN ST. This certifies that the names appearing on the records of the ssesso Office as of -0 Certified b Date THIS INFORMATION AS OBTA D AT THE ASSESSSO'RS OFFICE AND CERTIFIED BY THE ASSESSORS OFFICE BY: DATE: SIGNATURE PAGE: 1 OF 1 2:30porno - 7 :30 porno North Andover Senior Center 120 Main St. No. Andover VALID ID REQUIRED ! To schedule an appointment to donate blood, please call 978-688-9543 or 1-800-448-3543 (1-800-GIVE LIFE) + American Red Cross FRANK S. GILES DATE: JUNE 30, 2004 SCOTT L. GILES FRANK S. GILES / 1 S�.�rr,.�, �� FSK ��, REVISION'S: SURVEYING Ni t P _ - � 93SCALE: V= 20' 50 DEERMEADOW ROAD 0 20' 40' NO. ANDOVER, MA 01845 (978)683-2645 4 - - - FRANKGILESSURVEY@COMCAST.NET 04 _211 Z, �= PLAN OF LAND 'r BALDWIN STREET ��,• LOCATION (50 PUBLIC WIDTH) 50-52 MARBLEHEAD STREET BALDWIN STREET NORTH ANDOVER MA. N MARBLEHEAD STREET to PREPARED FOR 75' MICHAEL LIPORTO LOCUS NTS I > I ZONING DISTRICT R-4 13.5' 16' SUBJECT PROPERTY 4 N h PROPOSED MAP 8, PARCEL 13 32' 0 2 STORY o 50 MARBLEHEAD ST WOOD MICHAEL• PAUL& BETHANY LIPORTO 1 STRUCTURE 13' Area= 0.49 acre 13.5' 47' . Bk. 4856, PG. 153 DOS=1905 FRONT VIEW plan #502 2 STORY CROSS SECTION MAP 8, PARCEL 12 MAP 8 MAP 8, PARCEL 14 PROPOSED BUILDING 46 MARBLEHEAD STREET PARCEL 13-2 60 MARBLEHEAD STREET KING, BARBARA A. GIARRUSSO, ROMAINE BALDWIN STREET AREA-0.33 10,537.5 SF AREA-0.49 BK. 5159, PG. 93 BK. 2491, PG. 127 DOS=1860 A D.O.S.=1890 A ^� MAP 8 PARCEL 13 N N 21,075 SF PROPOSED LOT LINE -,. 75.0' --, por+rti Zoning Bylaw Review Form " a Town Of North Andover Building Department 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 5'0 /�7 —Sa A eb a W S Ma /Lot: 7/3 6 L� Applicant. r C a e / �G 8e 7th A, � 4 v� fa Request: S v t P A n C l I^� 4-0 oZ L'0+ S Date: L{ Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning R- Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient Pno Po5A( 1 Frontage Insufficient- �Q es no a 2 Lot Area Preexisting S 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage If e-S 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area ! 3 Use Preexisting 2 Complies 4 Special Permit Required Lf - s 3 Preexisting CBA ! 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height ct��t^yJ 4 Right Side Insufficient p„m o sa I 4 Insufficient Information i'vw p-sa l j 5 Rear Insufficient l Building Coverage 6 Preexisting setback(s) es Cso-sa 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies S D Watershed 3 Coverage Preexisting 'A 5 1 Not in Watershed 4 Insufficient Information 2 In Watershed j Sign � 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-exigting Parkin S Remed for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review S ecial Permit 3+y Setback Variance Access other than Fronta e Special Permit Parking Variance Frontage Exception Lot Special Permit 74- 1 Lot Area Variance 4 Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zonin Board Independent Elderly Housing Special Permit Special Permit Non-ConformingUse ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit � Special permit for preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to Provide definitive answers to the above reasons for Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new permit application form and begin the permitting process. __�y��.�ment til,��, '7 � b17�wldmg DeparOfficial Signal le Appli6 i m Received Appli io6 Denied �1 1 , Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: .,.��ill'�.-1f. Sc k 1 t 1 �g •! ! t f' aA7$�t 1 aaue 2o &-lI/Vq -� f-C-3_4] �r C�[v.� �Q�j I`C_ 7)/M'-C toNq�d �e[�vi/`r/N S ';2 ' 4o! y'h� no mesal h,as o 0,5-3°7 .5- 7L5- ' 5PNUN a l3 ,[-- /3,5- li �cc s cj erc/a l �e 4-"OA,) C�[V r i S Ie t'CIO �- i(m� Referred To: Fire Health Police Zoning Board Conservation Department of Public Works Planning Historical Commission Other Building Department Zoning Bylaw Review Form Town Of North Andover Building Department 27 Charles St. North Andover MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: - cQ.. . m A 9 e- A e-a- `5 4";e L6 �f Map/Lot: Applicant: Request: SU 6 411 q,(A e- Pa.rc-, 1 Per- lam Date: 1- 11 ,5 -D Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Q - Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient e,5 Am __F�_ro_ntage Insufficient es 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage 'les �ws 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building.Area 2 Not Allowed 11 e-_S 1 Insufficient Area y 5 I 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient es TI-P442 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 1 Insufficient Information y e S 5 Rear Insufficient I I Building Coverage Na - 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed e. S 4 Insufficient Information 2 In Watershed J Sign /V a 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district Hes 2 Parking Complies e S 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking Remedy for the above is checked below. Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance. Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderl .Housing Special Permit Special Permit Non-Conformin Use ZBA Large Estate Condo Special Permit Earth Removal special Permit ZBA Planned Development District'S ecial Permit . Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Si n R-6 Density Special Permit Special permit for preexisting nonconformin Watershed Special Permit i The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new permit application form and begin the permitting process. BuildingDepartment Official Si P Sign Application Received Application Denied Plan Review Narrative The following narrative is provided to further ex Iain the reasons for DENIAL for the or a property indicated on the reverse side: ---- t -o•.�n.- .^P.��i a ::*�r� ��J'r7_. r"„��-' '�k,'^'.t�'� v6 ,°�„��j�du^�i�ca. 7. of April 28, 19 6, the area of any new lot created, exclusive of area in a street or recorded way open to pu c use, a even Lit d other than.Im III located within a line identified as wetland resource areas in accordance with the WCands Protection Act, Massachusetts Generalws, p r on2to an e o mm- -I'ECIL&Ijan Bylaw. Chant- 178 of the Code of North Andover. The proposed structure mist be constructed said designated contiguous landarea. 7. o i Fcr any lot created after May 1, 1995, the minimum width of the lot shall be a distance of one hundred (100) fix L between the outage an e g e. a vvr aldflel !A th s rec uirement shall nninlu in all zones exceDt Residence 4 (R4) and Village Residential (VR); 'fbl zone R4, said I ' • um width of the lot shall be a distance of (eighty) 80 an r zone said mi WA&Qfd a lot 'all be i distance of W-8 1. :lvo`Tot;:upon xch is then:located any bt��ldings or with reed to-4-hip,ch.aernit has-been=issued:, and is eri ou g r5 user a on g,is a er runless> aid clot"s)raltfereafte a 1btre ,streetYfrontage end:yard„space segrements,.. hof w' kept;a �tiay beerrnYttedj oGhnnse by the provistdns o a:;vanae r _therwise transferred in violation hereof, no bui ding permit .or other permit shall be issued with reference to any of the land so Bylaw. Any laid taken by eminent domain or conveyed for a public purpose for which the land could have been en shall n51be )em e • 7. 1. The residertial lot areas and frontages above required and listed in Table 2 shall not app y in any • of be not adjoined b other land of the same owner, available for combination with or use in connection with su_ rove by fromIckations— the sex County Registry of Deeds incorporated in or attached to such,application that such lot wTs-iiwful Y laid out and cluly recorded y p n orP nor CM slicb a 3t the k t o en and not built upon a front yard and a.rear yard each, not less than 20 deep, and two side yards, each not less than 12 feet wide; and further provided at such f 5 000 uare feet. 2. In Resider 4 (R4) Districts only, two or more vacant lots, mutually adjoining, may with a Special e 10,000 sq a feet area each, and with not less than 100 feet street frontage, provided it be shown to the Boar .nYPU11bLaat eacn SUM IOE was " y 9 1957 and the Buildin In ector shall permit the construction of one single family dwelling on each such 10,000 square foot lot. S v b (:IIU/C/� �S AP ON C0A-. PO,r nj ins ey 7L CAA-,'.vo 4- b 1�a Al Referred To: Fire Health Police Zoning Board Conservation De artment of Public Works Plannina Historical Commission Other Buildin De 111101111 owl 1111NIM 1101111 i 1 w►t3"4 �vi S Ile- Marblehead St . sterl Weside Suffok St) � Y S Kms►� Q� �.n �i�1 Clarence 1. & Helen M. Smith S Subdivision of tract of land . Granted. - Feb. 17, 1947 196 ' Baldwin St. (West side ) Sherwood Homes, Inc. t -- -- Division of 4 lots into 2 lots . Granted -- December 19, 1960 79 Marblehead St. & 87-89 Union St. 10 2k $0--- -------- ----. __-- - Robert K. Mattheson & David J. Morse 79 Marblehead St. & 87-89 Union St. Variance to divide a parcel of land. GRANTED - Board of Appeals - 10/2480 SPG u c'e ' (�n o 1957 31 Baldwin St. A & A Concrete Porducts Co. f Building for use of storage of equipment and proposed addition to the present structure. M(6 13 Granted - February 14, 1957 47 Ma-btehead StAut GLc PQ,iam 9 Janet Lees, It. _ V=cat,.an. a4 -dim.entiona2_-teq_uiaement6 to allow construction on a_ a what e -�nantage wad taken b.y constAuction a6 4.95.. ._BooAd o6 Appeaa - Va4ianc.e DENIED-- -9-8-8- C6 V" � ✓ e175 61 b