HomeMy WebLinkAboutMiscellaneous - 54-56 PHILLIPS COURT 4/30/2018 (2) S
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FROM: LAW OEFICE PHONE NO. 978 794 0290 Sep. 17 2001 12:23PM P1
NICHOLAS S. GUERRERA
ATTORNEY AT LAW
CI-1LiS'1`NU'1'Ci1Ll�I:•;N C�
565'1'URNPIKL,STRELT,S UO :B1 r
NORTT i ANDOVER,MASSACHUSL'I`J'S 01845
I73J.1 1>ITpNR:(979)691-4134
C/NCSTMTT,R(973)794-0390
ADMITTr.D IN MA AND NH
VIA FACSIMILE 978 688 9556
September 17, 2001
Mary Leary Ippoliti
Zoning Board of Appeals
Charles Street
Forth Andover, MA 01845
RE: 54-56 Phillips Court- Cahow Variance
Dear Ms. Ippolito:
Please accept this letter as my client's request to withdraw her petition for variance without
prejudice. We will resubmit our application to include requests for variances .for both lot 11 and
O lot 12, This is in response to Mr. Sullivan's concerns as raised at the last meeting. Thank- you for
your attention to this platter and should you have any questions feel free to call.
Very truly yours,
Nicholas S. Duerr
NSG
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ZACHU5,
NORTH ANDOVER
OFFICE OF
THE ZONING BOARD OF APPEAL-
77 CI14P.ES STREET
F,`X(973) u33-9
Date:
TO: Town of North Andover
Zoning Board of Appeals
27 Charles Street
North Andover, MA 01845
phone # 978-688-9541
fax # 978.-688-9542
Please be advised that I wish to withdraw my petition without prejudice
from the Zoning Board of Appeals agenda for property located at,
STREET: Pk l LL / h S CT--
TOWN:
lTOWN: JU. AN Do y G fZ
NAME OF PETITIONER: `V L CA D tN
Signed: �-
petitioner (or petitioner' presentative)
bPAIA
mIlvariance
GS 6SS-9 -1 CONS i,, iG:V'6M-9111'
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HAND DELIVERED FEBRUARY 19, 2002
February 19, 2002,
Zoning Board of Appeals
27 Charles-Street-
North Andover, Massachusetts 01845
Re: Zoning Variance Application-for 54-56-Phillips Court, North Andover
Received January 10, 2002
Dear_Madam-or Sir:
Ms. Paula-Cahow-on-behalf-of Ms- Ruth-Coates-has-applied-to-the Zoning-Board of
Appeals for a variance for 54-56 Phillips Court. We live adjacent to and within
approximately-50-feet of the-property. l-would-like-the-board-to-deny-the-zoning_
variance. Granting this variance would create two lots, both not conforming to the R-4
zoning-requirements. The-small-area far-a-newly established-lot(currently-Ms Coates
side yard)would provide little space to build a residential home, as listed as the
proposed usage-in-the-application.
The-current-zoning-requirements-of North-Andover-are_intended-to_avoid-this-type of
overcrowding. Any new home would limit the privacy of my neighbors and myself. It
would-likely-sit-about 60-feetfrom-mY-front-doorand-closerto-mY-neighbor.
Phillips Court has small lots down the street dating from 50 years ago. However, their
existence-does-noLjusWa-horieewner-beirtggranted-a-zoning-variance n order-to split
their yard into two nonconforming lots of only 10,500 and 7,500 square feet. The new lot
would-be on-the comer of-Phillips-Court and-Pleasant-Street. Pleasant Street is-not
overcrowded. Approximately 100 or more people walk or jog down Pleasant Street each
day-depending-on.-the-weather because-of-the_str-eet's--current-curb-appeal- Splitting the
lot and building a second home would provide little benefit to North Andover.
Granting-this-variance-would-establish-a-precedent for-other-homeowners to subdivide
their lots into nonconforming lots as well. This type of growth is not desirable.
Nonconforming-growth--can-only-over-crow-d, lower-the-property--values-and-reduce the
quality of life for the residents of this lovely town. .
The-application-includes-an-Exhibit Plan-showing-the-lot-s-proximity to-its-neighbors. The
94-96 Mill Pond Building shown on the Plan is actually located 20-30 feet north of the
"approx.-loc." shown making-it-closer-to the-proposed-nem lot-than-represented-
Thank
Thank you for the time you have taken to listen to why I am against a zoning variance for
54-56-Phillips-Court, Please-consider-my comments-and-the-affects-of your decision
when deciding whether to grant a zoning variance.
Sincerely~_
William & Laura /a�x�r �
d
95-Mill-Pond
North Andover, Massachusetts- 01-845- 19 2002
BOARD OF APPEALS
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BOARD OF APPEALS Ndv+k Amd0�e Y-) c))gL)S;-
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: a�.
Map/Lot:
Applicant: ."
Request: Zoe c)vC W S
Date: 'C'-.- /
Please be advised that after review of your Application and Plans your Application is
ANIONIM/DENIED:for the following Zoning Bylaw reasons:
Zoning
Item Notes Item
A Lot Area Notes
F Frontage
1 Lot area Insufficient Frontage Insufficient �� S
2 Lot Area Preexisting 2 Frontage Complies
3 Lot Area Complies 3 Preexisting frontage
4 Insufficient Information 4 No access over Frontage
B Use 5 Insufficient Information
1 Allowed G Contiguous Building Area
2 Not Allowed
1 Insufficient Area
3 Use Preexisting 2 Complies
4 Special Permit Required 3 Preexisting CBA
5 Insufficient Information 4 Insufficient Information
C Setback tBuilding Height
H
1 All setbacks comply 1 Height Exceeds Maximum
2 Front Insufficient 2 Complies
3 Left Side Insufficient
3
Preexisting Height
4 Right Side Insufficient 4 Insufficient Information eJ
5 Rear Insufficient I Building Coverage
6 Preexisting setback(s) 1 Coverage exceeds maximum
7 Insufficient Information S 2 Coverage Complies
D Watershed 3 Coverage Preexisting
1 Not in Watershed �( eS 4 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
1 In District review required 1 More Parking Re wired
4
2 Not in district 2 Parking Complies
3 Insufficient nt Information 3 Insufficient Information
Remedy for the above is checked below.
Item # Special Permits Planning Board Item # Variance
Site Plan Revievv S ecial Permit Setback Variance
Access other than Fronta e S ecial Permit -Parking Variance
Frontage Exception Lot S ecial Permit Lot Area Variance
Common Driveway Special Permit Hei ht Variance
Congregate'Housing Special Permit Variance for Sign
Continuing Care Retirement Special Permit
Inde endt Elderly Housing special Permit S ecial Permits Zonin Board
en
Special Permit Non-C
Laonformin Use ZBA
Lame Estate Condo Special Permit Earth Removal Special Permit ZBA
Planned Development District S ecial Permit Special Permit Use not Listed but Similar
Planned Residential S ecial Permit Special Permit for Sign
R-6 DensityS ecial Permit Other
Watershed S ecial Permit Supply Additional Information
The above review and attached explanation of such is based on the plans,request for or 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 this action. 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 depa ment will retain all plans and documentation for the above file.
' wilding Department Official Signature
9 Application Received Application Denied
Denial Sent: If Faxed Phone Number/Date:
for
Plan Review Narrative
The following narrative is provided to further explain the reasons for the action on the property
indicated on the reverse side:
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Referred To:
Fire
Police Health
Conservation Zo ing Board
Planning De artment of Public Works
Other Historical Commission
Zon1n9BylawDenia12000 BUILDING DEPT
i
'North Andover Zoning Bylaw Amended May 1999
7.8 Exceptions
1. The residential lot areas and frontages above required and listed in Table 2 shall not apply in any
residence district to any lot of less area or less frontage than above required if such lot be not
adjoined by other land of the-same owner, available for combination with or use m connection with
such,lot,. provided that the applicant for a building permit on any such lot shall show by citations
from the Essex County Registry of Deeds incorporated in or attached to such application that such
lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and provided
that on such a lot there shall be kept open and not built upon a front yard and a rear yard each not
less than 20 feet deep, and two side yards,each not less than 12 feet wide; and further provided that
such lot shall have a minimum street frontage of 50 feet and a minimum lot area of 5,000 square
feet.
2. In Residence 4 (R4) Districts only, two or moreyacantaots, mutually adjoining, may with a Special
Permit from the Board of Appeals be permitted to be combinedontold'new lot bf. lots.'of not_less
tthan 10`000_square,feet area each;"and�with riot' less_than-10U=feet= "`street afrontage ,,provided it be
shown to the Board of Appeals that each such lot was lawfully laid out and duly recorded by plan or
deed prior to January 9, 1957 and the Building Inspector shall permit the construction of one single
Randy dwelling on each such 10,000 square foot lot.
3. As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall apply to land shown on
an approved definitive subdivision plan as defined by the Subdivision Control Law, for the length of
time described in M.G.L. Ch 40A.
4. As descnbed in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall affect the use of land
shown on an endorsed Approval Not Required Plan, as defined by the Subdivision Control Law, for
the length of time described in M.G.L. Ch 40A.
(Section 7 rewritten and reorganized May 1, 1995 Annual Town Meeting,Article 41)
SECTION 8 SUPPLEMENTARY REGULATIONS
8.1 Off Street Parking
1. Whenever a building is erected, reconstructed, moved or expanded or if a change in use occurs so as
to increase it floor area and/or design capacity, there shall be provided on the same lot with such
building or on a lot contiguous thereto (or within 100 feet thereof] in the same ownership as the
parcel containing the primary use, a sufficient number of open or covered parking spaces to satisfy
the requirements of the following schedule for the new building or increased design capacity of floor
area:
93
4.
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i
Legal Notice
North Andover, Board of Appeals
Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior
Center, 120R Main Street,North Andover,.MA on Tuesday the 14th day of August, 2001
at 7:30 PM to all parties interested in the appeal of Paula Cahow, 7 Wagon Wheel,
f
' f
Andover, MA for premises at: 54-56 Phillips Court,North Andover, MA requesting a
Finding as a party aggrieved of the Building Inspector and for a dimensional Variance
from Section 7.1 & 7.2 of Table 2 for relief of lot area and relief of frontage on lot 412
and from Section 7.8, Paragraph 1 &2 (Exceptions)to allow for a single family 3
residential dwelling.
Said premises affected ii'g roperty with frontage on the East side of Phillips Court, 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
William J. Sullivan, Chairman
1
�I
Published in the Eagle Tribune on July 31, & August 7, 2001.
I
Review date:
Legalnotice 2001/18
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TOWN OF NORTH ANDOVER VARIANCE t.
r-;
ZONING BOARD OF APPEALS
Procedure & Requirements '- ��—-- ----- -
For an Application for a Variance
Ten (10) copies of the following information must STEP 6: SCHEDULING OF HEARING AND
be submitted thirty U days prior to the first public PREPARATION OF LEGAL NOTICE:
hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules
within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal
dismissal by the Zoning Board of an application as notice for mailing to the parties in interest (abutters) and
for publication in the newspaper. The petitioner is
incomplete. notified that the legal notice has been prepared and the
The information herein is an abstract of more specific cost of the Party in Interest fee.
requirements listed in the Zoning Board Rules and
Regulations and is not meant to supersede them. Items that STEP 7: DELIVERY OF LEGAL NOTICE TO
are underlined will be completed by the Town. NEWSPAPER/PARTY IN INTEREST FEE:
The petitioner picks up the legal notice from the Office
STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal
The petitioner applies for a Building Permit and receives notice to the local newspaper for publication.
a Permit Denial form completed by the Building
Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be
Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of
Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the
required in items 1 through and including 11 shall be petitioner, the Board shall decide on the matter by using
completed. the information it has otherwise received.
Step 3: PLAN PREPARATION: STEP 9: DECISION:
Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be
cited in item 10 page 4 of this form. sent to all parties in interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
STEP 4: SUBMIT APPLICATION: General Laws ch. 40A sec. 17,within twenty (20) days
Petitioner submits one (1) original of all the required after the decision is filed with the Town Clerk.
information and 10 xerox copies to the ZBA Secretary.
The original will be stamped by the Town Clerk Step 10: RECORDING CERTIFICATE OF DECISION
certifying the time and date of filing. The remaining ten PLANS.
copies will remain at the office of the Zoning Board of The petitioner is responsible for recording certification of
Appeals secretary. the decision and any accompanying plans at the Essex
County North Registry of Deeds, Lawrence
STEP 5: LIST OF PARTIES IN INTEREST: Massachusetts, and shall complete the Certification of
Once the petitioner submits all of the required Recording form and forward it to the Zoning Board of
information, the petitioner requests from the Assessors Appeals and the Building Department Office.
Office a certified list of Parties in Interest (abutters).
IMPORTANT PHONE NUMBERS:
978-688-9541 Zoning Board of Appeals Office
978-688-9501 Town Cleric's Office
978-688-9545 Building Department
Page 2 of 4
JOYCEEIVED
BRAOSl1AWApplication for a VARIANCE
TOWN CLERW
Zoning Board of Appeals
2001 JUL 20 A 8. 4Q
1. Petitioner: Name, address and telephone number.-
Paula
umber:Paula Cahow, 7 Wagon Wheel, Andover, MA 01810 Tel: 978-470-0552
'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
ears under this ownership:
:p
Ruth S. Coates, 56 Phillips Court, North Andover, MA 01845
Tel: 978-470-0552
Years Owned Land: 48 Years
3. Location of Property:
a. Street: 54-56 Phillips court Zoning District R-4
b. Assessors: Map number 95 Lot Number: 35 & 36
c. Registry of Deeds: Book Number 786 Page Number: 213
4. Zoning Sections under which the petition for the Variance is made.
6 7, Paragraph 7.1 & 7.2 and Table 2 of the Zoning W laws
'Refer to the Permit Denial and Zoning By-Lave Plan Review as supplied by the Building Commissioner
5. Describe the Variance request
Please see the attached
'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.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
A. 10,500 % 11✓_Q2
B. %
Page 3 of 4 Application for a VARIANCE
Zoning Board of Appeals
6. b. Existing Lot: Lot 11
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
7,500 N/A 21.5% 75 4 16(min) 19.1 18.7 37.4(min)
*based on house and sheds
c. Proposed Lot (S): rot 12
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
10,500 N/A N/A % ' 122 N/A
% (undeveloped i;
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
12,500 N/A N/A 96 100 N/A 30* 15 15 30
*or average of all setbacks within 250 feet on either side of lot
7. a. Existing Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building'
1 Si q* 2 3038' Rt_-.i dmf i a l
* House only, including side porches
'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'
'Reference Uses from the Zoning By-Law.State number of units In building.
8. Petitioner and Landowner signature (s):
Every application for a Variance Shan be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be rued with
the Town Clerks Office. It shall be the responsA ty of the petitioner to furnish all supporting documentation with this application. The dated copy of On
application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from flus responsibility. The petitioner shall be
respor>sible for all ewes for tiling and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and
Regulations may in a dismissal by the Zoning Board of this application as Incomplete.
Signature/
Type above name (s) here Paula Cahow
PAGE 4 OF 4 VARIANCE
9. WRITTEN DOCUMENTATION
Application for a variance must be supported by a legibly written or
typed memorandum setting forth in detail all facts relied upon. When
requesting a variance from the requirements of MGLA ch.40A, Sec. 10 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 11. APPLICATION FILING FEES
be submitted with this application to the Town Cleric's
Office and ZBA secretary at least thirty (30) days prior to A. Notification Fees: Applicant is to send by
the public hearing before the Zoning Board of Appeals. certified mail all legal notices to all abutters, and
then supply proof of mailing to the ZBA secretary.
10 A. Major Projects Applicant is to supply stamps (appropriate
Major projects are those which involve one of the following current postage)for mailing of decisions to all
whether existing or proposed: a)five or more parking parties in interest as identified in MGLA ch. 40A,
spaces, b) three or more dwelling units, and sec. 11 as listed on the application. ZBA Secretary
c) 2000 square feet or more of building area. will compute number of stamps.
Minor projects that are less than the above limits shall B. Applicant is to supply one (1) set of addressed
require only the plan information as indicated with an labels of abutters to ZBA Secretary who will mail
asterisks (*). In some cases further information may be decisions to abutters and parties in interest.
required C. Administrative fee of$50.00 per application.
10 B. Plan Specifications: �ffi
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.
Describe the Variance Request:
Petitioner seeks relief from the zoning by law requirements in the R-4 District with
respect to lot area and frontage,to allow for a single family residential building lot of 10,500 S.F.
more or less and with a frontage of 88.58 feet more or less as shown on a plan of land entitled
"Exhibit Plan of Land in North Andover, MA, Prepared for Paula Cahow", dated May 17, 2001,
Hancock Survey associates, Inc.
i
MEMORANDUM
The following addresses the requirement of paragraph 9, of the Variance application:
A. Single family residential building lot.
B. The frontage and area of the lot are affected by its shape as a corner lot.
C. The substantial hardship is a financial hardship which will result if the literal
enforcement of the applicable zoning restrictions with respect to the land for
which the variance is sought is not granted. Petitioner seeks relief in order to sell
the lot in the future, not granting such requested relief will cause financial
hardship to the petitioner;
D. The relief sought will be desirable and without substantial detriment to the public
good since the lot area for the proposed lot is not substantially less than that
required by the Town and the frontage of the proposed lot is that greater than what
is required by the Town and there are comparable lots in the area and/or R-4
district that are like that of which petitioner is asking relief from.
E. The relief sought should be given without nullifying or substantially derogating
from the intent or purpose of the zoning bylaw since such relief will comply
substantially with that of the present Zoning and By laws and will conform to that
of the present nature of the neighborhood in which the property is located.
F. N/A.
a.
• ` TOWN OF NORTH ANDOVER FINDING
ZONING BOARD OF APPEALS
mis Vii ° ,.,..._...:;dam ,.,5�,a��, h '�i•,, - .se.*^`�9
Gfdz3'�'��'N.
Procedure & Requirements
For an Application for a Finding
Ten (10) copies of the following information must STEP 6: SCHEDULING OF HEARING AND
be submitted thirty (30) days prior to the first public PREPARATION OF LEGAL NOTICE:
hearing. Failure to submit the required information The Office of the Zoning Board of Appeals schedules
within the time periods prescribed may result in a the applicant for a hearing date and prepares the legal
dismissal by the Zoning Board of an application as notice for mailing to the parties in interest (abutters) and
for publication in the newspaper. The petitioner is
incomplete. notified that the legal notice has been prepared and the j
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: FINDING 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 FINDING. 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 I
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 i
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).
x.Y,
��
IMPORTANT PHONE NUMBERS:
978-688-9541 Zoning Board of Appeals Office
978-688-9501 Town Clerk's Office
978-688-9545 Building Department
i
I
S �
a e of 4 Date tft"R p
JOYCE SRAOSIA Application for a FINDING
TOWN CLERK
rs
..��!� 01,
100z"113x�w=s.,
1001 JUL 20 ,A 8: 42 NORTH ANDOVER BOARD OF APPEALS
1. Petitioner: Name, address and telephone number:
Paula Cahow, 7 Wagon Wheel, Andover, MA 01810 Tel: 978-470-0552
*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:
Ruth S Coates, 56 Phillips Court, North Andover, MA Tel: 978-470-n552
Years Owned Land: 48 Years
3. Location of Property:
a. Street: 54 56 Phillips Court Zoning District R-4
b. Assessors: Map number 95 Lot Number: 35 & 36
c. Registry of Deeds: Book Number 786 Page Number: 213
4. Zoning Sections under which the petition for the Finding is made.
.47, Paraaraph 7 1 & 7,,2 and Table 2 of the Zoning By-laws
*Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner
.5. Describe the Finding request:
Please see attached
i
A
'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.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. i
6a, Difference from Zoning By-LAW requirements: Indicate the dimensions that will not meet current
Zoning By-Law Requirements. (A and B are in the case of a lot split)
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A.-_107 ,gp % 11 42
B. % `
i
1
T
Page 3 of 4 Application for a FINDING
-�"'�'3 s,;� # ",6 "'•'�,�`_""���X� �a�'a' x - a'`"�� ,��' � . ' "�"`'�3ems°�u�A"�^aa°a °`: ��r >= a-
��...�..��.,�......;-i.
NORTH ANDOVER ZONING BOARD OF APPEALS
6. b. Existing Lot: Lot 11
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
7,500 N/A 21 .5* % 75 4 16(mi. 19.1 18.7 37_4�min)
* based on house and sheds
e. Proposed Lot (S):
Lot 12
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
10,500 N/A % _122 N/A
(undeveloped)
%
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
12,500, N/A N/A % 100 N/A 30 15 15 30
* or average of all setbacks within 250 feet on either side of lot
7. a. Existing Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building*
1519 2 3038,
House only, including side porches
l
*Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building.
b. Proposed Buildings:
Ground Floor Number of Total Use of
Square feet Floors Sq. feet Building*
k
*Reference Use Code numbers and Uses from the Zoning By-Law State number of units in building.
8. Petitioner and Landowner signature (s):
Every application for a Finding shall be made on this form which is the official form of theoni
� ng Board of Appeals. Every application shall be riled with
the Town Clerk's Office. It shall be the responsibility of the petitioner to
furnish all supporting documentation with this application. The dated co of this
p copy
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 resu in a dismissal by the Zoning Board of this application as incomplete.
Signature
Type above name (s) here Paula Cahow
PAGE 4.OF 4 FINDING
North Andover Zoning Board of Appeals
9 WRITTEN DOCUMENTATION
- Application for a Finding must be supported by a legibly
written or typed memorandum setting forth in detail all 10 C. FEATURES TO BE INDICATED ON PLAN
facts relied upon. This is required in the case of a
finding when the following points based on MGLA ch. A. Site Orientation shall include:
40A sec. 6 and 9 and the North Andover Zoning By-Law 1. North point
Section 9.0 a request for a FINDING shall be clearly 2. zoning district (s)
identified and factually supported: Addressingeach of 3. names of streets
the 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 of adjacent properties within 50'
A. The particular use proposed for the land or from applicants proposed structure
structure. 7. deed restrictions, easements
B. Legend &Graphic Aids:
B. Fact relied upon to support a Finding that the 1. Proposed features in solid lines &outlined in red
proposed extension or alteration shall not be more 2. Existing features to be removed in dashed lines
substantially detrimental than the existing non- 3. Graphic Scales
conforming use. 4. Date of Plan
5. Title of Plan
C. Addressing all details of the Building 6. Names addresses and phone numbers of the
Commissioner's denial when appropriate. applicant, owner or recons, and designer or
surveyor.
10. Plan of Land
Each application to the Zoning Board of Appeals shall 10 D. FURTHER REQUIREMENTS:
be accompanied by the following described plan. Plans Major Projects shall require that in addition to the above
must be submitted with this application to the Town features, plans must show detailed utilities, soils, and
Clerk's Office and ZBA secretary at least thirty (30) days topographic information. A set of building elevation and
prior to the public hearing before the Zoning Board of interior of building plans shall be required when the
Appeals. application involves new construction, conversion and/or a
proposed change in use. Elevation plans for minor
10 A. Major Projects projects include decks, sheds,& garages shall be
Major projects are those which involve one of the included with a side view depicted on the plot plan,
following whether existing or proposed: a)five or more which include a ground level elevation.
parking spaces, b)three or more dwelling units, 11. APPLICATION FILING FEES
c) 2000 square feet or more of building area.
Minor projects that are less than the above limits shall A. Notification Fees:Applicant is to send by certified
require only the plan information as indicated with an mail all legal notices to all abutters, and then supply
asterisks (*). In some cases further information may be proof of mailing to the ZBA secretary. Applicant is to
required. supply stamps (appropriate current postage)for
mailing of decisions to all parties of interest as
10. B. Plan Specifications: identified in MGLA ch. 40A, sec. 11 as listed on the
a) Size of plan: Ten (10) copies of a plan not to
application. ZBA Secretary will compute number of
exceed 11"x17" preferred scale of 1" =40'. stamps.
B, Applicant is to supply one(1)set of addressed
b) Plan prepared by a Registered Professional
labels of abutters to ZBA Secretary who will mail
Engineer and/or Land Surveyor, with a block for five
ZBA signatures and date on mylar. decisions to abutters and parties in interest.
. Ad
C mmistrative fee of$50.00 per application.
Town of North Andover, Zoning Board of Appeals
APPLICANT'S PROPERTY: list by map, parcel, name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
MAP PARCEL NAME ADDRESS
q5`
34, S. C'oa des 5�(� Ph i I I i Ciou e+
ABUTTERS PROPERTY: list by map, parcel, name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
MAP IPARCEL INAME JADDRESS
C afe5, A I be�2+ a 3 ufh S. /�
G� 5(n {phi 11 iP5 lrcu2-"
5 34 Andr�uss Ed�rd C. ;s
Am r ' u SO 'Phalli s Cou 'f
3 8 Hornle4 I'ordd A ?hML P. 1,69-1o1 Philp (Lud
13Q i I i '.3 Ani+a 1310T1M---ranf SfY,oe.-f
5 I 3 eel a l I-eaxn+ 3treef
�5r7o sn nl gf rec+
(Ylelan5on
A ?— ' O
95 A 121 lfncor i rn', kowren e i't. n
1,5q 'rr
=16).
Bonnie? 3of 34r ee+
3 illi orae
1 n . g+c +
If
mu eL L• �h�II Gx.>ip.4
THIS INFORMATION WAS OBTAINED AT THEA SESSOR'S OFFICE AND CERTIFIED BY THE
ASSESSOR'S OFFICE:
BY: DATE:
SIGNATURE,ASSESSOR,TOWN OF NORTH ANDOVER
Required list of parties of interest Page one I of
Outified b Fete 0/
Bo d of Asse or N h lrpdo r
Town of North Andover,Zoning Board of Appeals
APPLICANT'S PROPERTY: list by map, parcel, name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
MAP PARCEL NAME ADDRESS
5 3(, Rum 3. 0.y +e5 -0,inip,�ur f
ABUTTERS PROPERTY: list by map, parcel,name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
MAP IPARCEL 1, NAME JADDRESS
m1IIxn uvner� 0:5 .6.3oX X98
o n`1Gr� ernenf h� t � 01831
THIS INFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE
ASSESSOR'S OFFICE:
BY: DATE:
SIGNATURE,ASSESSOR,TOWN OF NORTH ANDOVER
Required list of parties of interest Page one o2 of d
Orrq%ed by Assess Ando er
Bo
a
• a
I, Ruth S. Coates, of North Andover, Massachusetts hereby authorize Paula Cahow to
take the necessary actions on my behalf in regards to applying for variances and/or permitting,
including but not limited, to applying for lot area and street frontage variance for my property
located at 54-56 Phillips Court, North Andover, Massachusetts.
Dated:
1 Ruth S. Coates
iOftTl
Zoning Bylaw Review Form
w Town Of North Andover Building Department
27 Charles St. North Andover, MA. 01845
`A`"-USt Phone 978-688-9545 Fax 978-688-9542
Street: h IRS �r
Ma /Lot:
Applicant: cid/ p a e,3
Request: Xo`f c;,rj93 ver/d*vz'-e
Date: G,_ _Cpl
Please be advised that after review of your Application and Plans your Application is
/DENIED for the following Zoning Bylaw reasons:
Zoning
Item Notes Item
A Lot Area Notes
F Frontage
1 Lot area Insufficient 1 Frontage Insufficient �� S
2 Lot Area Preexisting 2 Frontage Complies
3 Lot Area Complies .3 Preexisting frontage
4 Insufficient Information 4 No access over Frontage
B Use 5 Insufficient Information
1 Allowed G Contiguous Building ding Area �
2 Not Allowed 1 Insufficient Area
3 Use Preexisting 2 Complies
4 Special Permit Required P q ed 3 Preexisting CBA
5 Insufficient Information r2 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply
1 Height Exceeds
2 Front Insufficient
9 Maximum
2 Complies
3 Left Side Insufficient 3 Preexisting Height
4 Right Side Insufficient 4 Insufficient Information
5 Rear Insufficient I Building Coverage
6 Preexisting setback(s) A2 A
1 Coverage exceeds maximum
7 Insufficient Information LfS 2 Coverage,Complies
D Watershed 3 Coverage Preexisting
1 Not in Watershed 4 Insufficient Information
2 In Watershed Sign
3 Lot prior to 10/24/94 "V A
1 Sign not allowed
4 Zone to be Determined 2Sign Complies
5 Insufficient Information 3 Insufficient Information
E Historic District
1 In District review required K Parking
2 Not in district 1
More Parking Required
�S 2 Parking Complies
3 Insufficient Information 3 Insufficient Information
Remedy for the above is checked below.
Item # Special Permits Planning Board Item # Variance
Site Plan Review Special Permit Setback Variance
Access other than Front-age Special Permit Parking Variance
Fronta e Exce tion Lot S ecial Permit Lot Area Variance
Common Driveway Special Permit Hei ht Variance
Congregate Hous ng Special Permit Variance for Si n
Continuing Care Retirement Special Permit
Independent ElderlyHousin S ecial Permit S ecial Permits Zonin Board
Use ZBA
Large Estate Condo Special Permit Special Permit Non-Conformin
Planned Development District S ecial Permit Special Permit Use not Listed but Similar Earth Removal S ecial Permit ZBA
Planned Residential Special Permit Secial Permit for Sign
R-6 DensitySpecial Permit Other
Watershed Special Permit Su I Additional Information
The above review IIS
e ew and attached explanation of such is based on the plans,request for or 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 this action. 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 depa ment will retain all plans and documentation for the above file.
wilding Department Official Signature lDe �
9 Application Received Application-Denied
Denial Sent: If Faxed Phone Number/Date:
t
Plan Review Narrative
The following narrative is provided to further explain the reasons for the action on the property
indicated on the reverse side:
4 `1
Referred To:
Fire Health
Police Board
Conservation E�ED�eartmPlanent of Public WorksOthern sorical Commission
Other BUILDING DEPT
Zon00
ingBylawDenia120
Town of North Andoveroa"°oT bqa
RECEIVED
JOYCE BRADSH ' ffice of the Zoning Board of Appeals
Tole �1lunity Development and Services Division : s
NORTH '' ` 27 Charles Street "` � •�''q"
�1 �q�ro
p ' q P 12. 3 0 North Andover,Massachusetts 01845 "SSACHuaEt
2001
SE
D. Robert Nicetta Telephone(978)688-9541
Building Commissioner Fax(978)688-9542
Any appeal shall be filed Notice of Decision ,
within(20)days after the Year 2001
date of filing of this notice
in the office of the Town Clerk. Property at: 54-56 Phillips Court.
NAME: Paula Cahow DATE: 9/19/2001
ADDRESS: for property at: 54-56 Phillips Court PETITION: 022-2001
North Andover,MA 01845 HEARING(s)8/14/2001&9/18/2001
The North Andover Zoning Board of Appeals held a public hearing at its regular meeting on Tuesday,
September 18,2001 at 7:30 PM upon the application of Paula Cahow,for property at: 54-56 Phillips
Court,North Andover,MA requesting a Finding as a party aggrieved of the Building Inspector and for a
dimensional Variance from Section 7.1&7.2 of Table 2 for relief of lot area and relief of frontage on lot
#12 and from Section 7.8 paragraph 1 &2(Exceptions)to allow for a single family residential dwelling
within the R4 zoning district.
The following Board members were present: William J. Sullivan,Walter F. Soule, Raymond Vivenzio,
i
Scott Karpinski,Ellen McIntyre&George Earley.
i
Upon a motion made by Walter F. Soule and 2°d by Scott Karpinskii the Board voted to allow the
petitioner to Withdraw Without Prejudice. Voting in favor of the withdrawal: William J. Sullivan,Walter
F. Soule,Raymond Vivenzio, Scott Karpinski,Ellen McIntyre and George Earley.
Town of North Andover
Board of Appeal
C✓
William J. 71"van,
Chairman
Ml/Decisions2001/23
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
4
FROM LAW OEFICE PHONE N0: 978 794 0890 Jul. 23 2001 10:41AM P4
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REQUESTED 43 Phillips Court """'"'� co
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FROM LAW OEFICE PHONE NO. :,978 794 0890 Jul. 23 2001 10:39AM P1
FAX TRANSMISSION
THE LAW OFFICE OF PETER G.SHAHEEN
5655 TURNPIKE STREET, SUITE 8 1
NoRTH Ar=vER. MA O 1 845
1=MAI t.:PGSLAW@AOL.COM
TEL.:976/669-0800
FAX. 978/794-0690
To: Mary Date: July 239 2001
Fax: 978 688 9542 Pages: 4,including cover sheet
From: Melissa J. Shaheen
Subject: Cahow/Legal Notice to each abutter.
COiv-AMNTS: Following please find proof of mailing for the above-referenced matter. Please
note that I shall forward a copy of each return receipt once I have received such_
Thank you for your assistance in this matter_
this aelecopy is attorney-client privileged and contains co rfidentia!information intended on. for the above named
Any other distribution or disclosure is strictly prohibited Ifyou have received this telecopy in error,please notify
its immediately by telephone and rentrn the original transmission to-us by mail withoia making it coMc
Town of North Andover, Zoning Board of Appeals
APPLICANT'S PROPERTY: list by map, parcel, name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
MAP PARCEL NAME TADD-RESS
Q5" 3 to RL&h �. CoaE-e,f -� 1Ph;1 I i fou e+
ABUTTERS PROPERTY: list by map, parcel, name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
MAP PARCEL NAME ADDRESS
�}2S AIbee+ Cl 3 crib s.
�5 35 5(� Ph;I1►� ocu0-
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mune 3 -Dari eL L.7 S. 1-I ?hill I► ow INFORMATION WAS OBTAINED AT THE AS`SESSOR'S OFFICE AND CERTIFIED BY THE
ASSESSOR'S OFFICE:
BY: DATE:
SIGNATURE,ASSESSOR, TOWN OF NORTH ANDOVER
Required list of parties of interest Page one I of
Gtirtifiet' 40r
BJN -7*Ado r
Town of North Andover, Zoning Board of Appeals
APPLICANT'S PROPERTY: list by map, parcel, name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
MAP PARCEL NAME ADDRESS
5 3(o JR,4,h 3. Oaa+e5 y
ABUTTERS PROPERTY: list by map, parcel, name and address
(PLEASE PRINT CLEARLY, USE BLACK INK)
MAP IPARCEL I NAME ADDRESS
m�Ilan c��ner� Gssac. fp.0.-boy o?098 j
o 'lar ernenf h►I t A 01931
THIS INFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE
ASSESSOR'S OFFICE:
BY:
DATE:
SIGNATURE,ASSESSOR,TOWN OF NORTH ANDOVER
Required list of parties of interest Page one o2 of oZ
I
fled by f Assess Ando er
Boa
FROM LAW OFFICE PHONE N0.'. : 978 794 0890 Jul. 19 2001 12:08PM P1
FA,N TRANSMISSION
THE LAW OFFICE OF PETER G.Stix"EEN
565 Turnpike Street, Suite 81
North Andover,MA 01845
email:PGSLAW@,A0LG0M
Tel.:9181689-0800
Fax:9781794-0890
To: Terri pate: July 19,2001
CC.' Mary/Town of North An
Fax. 978 68S 1588 Pages: 2,including cover sheet
cc: 978 688 954L
From: Melissa J.Shabeen
Subject: Legal Notice
COMMENTS: Following please find a Legal Notice to be published in the Tribune on July 31
and August 7,2001.
Please forward bill to the above address.
Thank you for your assistance in this matter.
I ,
i
i
i
This telecopy is attorney-client privileged and contains confidential information intended only for the above-named
Any other distribution or disclosure is strictly prohibited lfyou have received this telecopy in error,please notify
ens immediately by telephone and return the original transmission to us by mail without making a copy.
' K
a
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 14th day of August, 2001
at 7:30 PM to all parties interested in the appeal of Paula Cahow, 7 Wagon Wheel,
Andover, MA for premises at: 54-56 Phillips Court,North Andover, MA requesting a
Finding as a party aggrieved of the Building Inspector and for a dimensional Variance
from Section 7.1 & 7.2 of Table 2 for relief of lot area and relief of frontage on lot#12
and from Section 7.8, Paragraph 1 &2 (Exceptions)to allow for a single family
residential dwelling.
Said premises affected is property with frontage on the East side of Phillips Court, 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
William J. Sullivan, Chairman
Published in the Eagle Tribune on July 31, & August 7, 2001.
Review date:
Legalnotice 2001/18
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Fax—Transmission
O
TO: p ,✓/
FAX Number:
FROM:
Town of North Andover
Zoning Board of Appeals
FAX: #978-688-9542
I
PHONE: #978-688-9541
I
DATE:
SUBJECT:
1 . 0 Number of pages:
REMARKS: Attached is a fax,containing your legal notice. As you
are aware, the attached legal notice has to be placed with the legal notice
department at the Lawrence Eagle-Tribune, and it is your responsibility to
do so as-soon-as-possible in order to meet the required deadline. Failure to
j place the legal notice in the newspaper within the required deadline will
mean that you will not be able to be placed on the ZBA agenda for the
upcoming meeting. The direct dial phone number of the legal notice
department of the Lawrence Eagle Tribune is 978-946-2412; the address is
100 Turnpike Street, North Andover, MA.
I
Please be reminded that it is your responsibility to mail a copy of the
legal notice to each abutter via certified mail. You are required to
complete the mailing of the legal notice at least 14 days prior the ZBA
meeting. You are also required to bring proof of the certified mailing to
the office of the ZBA Secretary as-soon-as you have completed the
mailing; failure to do so will mean that you will not be placed on the ZBA
agenda. Thank you.
OMI LegalNotice
FROM : LAW OEFICE PHONE NO 978 794 0890 Jul. 19 2001 12:OePM P2
P .02
�1 11 : 37A
Legul Nutict
North Andciver, Board of Appeals
Notice is hereby given that the Board of Appeals will bald u public hearing at the Senior
Center, 120R Main Street, North Andover, MA on Tuesday the 14s'day of Aubnist. 2001
at 7:30 PM to all parties interested in tho, appeal of Pattla C',ahow, 7 Wagon Wheel.
Andover, MA for premises at: 54-50 Phillips Court,NoT* Andover, MA roque-Ring a
Finding as a party aggrieved of the building Tnt+pector and Ii)r u cliwensuinal Variance
firm Scction 7.1 & 7.2 of Tablc 2 for relief of lot arca and relief of frontage on lot 012
and from Section 7.8,Paragraph E &2(Exceptions) to allow fbr a single family
re}idential dwelling.
Said premises affected is property with lhintage on the Eaxtside of Phillips Court, within
the R-4 zoning district.
Plans etre available fnr review at the allice of the Building Department 27 C hdrle`t StTM'(,
North Andover. MA, Monday through Thursday from the hours of 9:00 AM to 1:00 PM.
By order of the Board of Appeals
William J. Sullivan,Chairman
Published in the Eagle Tribune on July 31, & August 7, 2001.
Review data
FROM LAW OEF I CE PHONE NO: : 978 `194 0690 Jul.. 31 2001 12:t>8P i t'1
Z
x qrN EMISSION
TKE LAW OFFICE OF PETER G.SITAIiEEN
565'rURNMKE rj7REEr. 5UrTE 8 1
NORTH ANoovFR. to Ol 645
r-MAtt:PGS1AWQAOL.cOM
TtL.:978/689800
FAx: 978/7940890
To: Mary Date: July 31.,2001
Fax: 978 588 9542 Pages: (y ,ilacluding cover sheet
From: Melissa J.Shaheen
Subject: Cahow Legal Notice to each abutter
COMMENTS: Following please find return of service for eleven of the thirteen abutters. I shall
forward you the return service of the final two(Nelson and Vento)when I receive such. Please
advise if there is additional information that I must provide.
This telecopy is attorney-client privileged and contains confidential information intended only fpr the above-named
Any other distribution or disclosure is strictly prohibited. Ifyou have received this telecopy in error,please notes
us immediately by telephone and return the original transmission to us by mail without making a copy.
N'EN�E R: I als o wish to receive the foltow-
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°`_``°° Zoning Bylaw Review Form
Town Of North Andover Building Department
27 Charles St. North Andover MA. 01845
� acra
Phone 978-688-9545 Fax 978-688-9542
Street:
Ma /Lot:
Applicant:
Request: Ac,4 OPWal. t J412/,rX Were–
Date: �� dui% arc��csS
Please be advised that after review of your Application and Plans your Application is
/DENIED for the following Zoning Bylaw reasons:
Zoning
Item Notes Item
Notes
A Lot Area
F Frontage
1 Lot area Insufficient i?S 1 Frontage Insufficient �pS
2 Lot Area Preexistinge-5 2 Frontage Complies
3 Lot Area Complies 3 Preexisting frontage ye
4 Insufficient Information 4 No access over Frontage
B Use 5 Insufficient Information
1 Allowed e$ G Contiguous Building Area ,v A
2 Not Allowed 1 Insufficient Area
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 2 Complies
3 Left Side Insufficient 3 Preexisting Height y��
4 Right Side Insufficient 4 Insufficient Information
5 Rear Insufficient I Building Coverage
6 Preexisting setbacks) Ye S 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting
1 Not in Watershed Lf 4 Insufficient Information
2 In Watershed j Sign
3 Lotrior to
p 10/24/94 1 Sign not allowed
4 Zone to be Determined Z 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 S 2 Parking Complies
3 Insufficient Information 3 Insufficient Information
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 Parkinq Variance
Fronta a Exception Lot Special Permit Lot Area Variance
Common Dri 3y Special Permit Height Variance
Congregate Housing Special Permit Variance for Sign
Continuing Care Retirement Special Permit Special Permits Zoning Board
Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA
Large Estate Condo Special Permit Earth Removal Special Permit ZBA
Planned Development District Special Permit Special Permit Use not Listed but Similar
Planned Residential Special Permit Special Permit for Sign—
R-6 Density Special Permit Other
Watershed Special Permit Supply Additional Information
The above review and attached explanation of such is based on the plans,request for or 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 this action. 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 de artment will retain all plans and documentation for the above file.
VBuilding Dep artm nt Official Signature Application Received Application Denied
Denial Sent : --�_-.,
Dy �i--� If Faxed Phone Nu
m ber/Date:
� z
Plan Review Narrative
The following narrative is provided to further explain the reasons for the action on the property
indicated on the reverse side:
I•tTr }6fdjt s i x Cj„ lk iit— L�f{� � si
s ,y
�/_,��..� I ✓ Win'
it
Referred To:
Fire Health
Police ZoningBoard
Conservation De artment of Public Works
PlanningHistorical Commission
Other BUILDING DEPT
ZoningBylawDenia12000
. t
� r ,ae✓}y0i77y 9.
Zoning Bylaw Review Form
a_ � Town Of North Andover Building Department
Charles
27 t
��g5t S . North Andover MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street: a°��: %> 'Ps cic) �i--
Map/Lot: _36
Applicant: vI
Request: Xo7� arm:� �>aSir /i dul P4 rPt %C-
a �)
Dte:
Please be advised that after review of your Application and Plans your Application is
AMENNEW/ DENIED for the following Zoning Bylaw reasons:
Zoning
Item Notes
A Lot Area Item Notes
F Frontage
1 Lot area Insufficient 1 Frontage Insufficient
2 Lot Area Preexisting 2 Frontage Complies �� S
3 Lot Area Complies 3 Preexisting frontage
4 Insufficient Information 4 No access over Frontage
1 Allowed Use 5 Insufficient Information
1
G Contiguous Building Area �
2 Not Allowed 1 Insufficient Area
3 Use Preexisting 2 Complies
4 Special Permit Required 3 Preexisting CBA
5 Insufficient Information �S 4 Insufficient Information
C Setback
1 All sH Building Height
etbacks comply 1 HeightExceeds Maximum
2 Front Insufficient 2 Complies
3 Left Side Insufficient 3 Preexisting Height
4 Right Side Insufficient Preexisting
Insufficient Information e
5 Rear Insufficient --�
I Building Coverage
6 Preexisting setback(s) 1 Coverage exceeds maximum
7 Insufficient Information . S 2 Coverage'Complies-
-D Watershed 3 Coverage Preexisting
1 Not in Watershed 4 S 4 Insufficient Information
2 In Watershed Sign
3 Lot prior to 10/24/94 1 Sign not allowed A
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 ��'� 2 Parking Com lies
P
3 Insufficient Information 3 Insufficient Information L,e S
Remedy for the above is checked below.
Item # Special Permits Plannin Board Item # variance
Site
Plan Review S ectal Permit Setback Variance
Access other than Fronta e S ecial Permit
Frontae Exce tion Lot.S Special P�ermm-it �—
TM, ParkinVariance
Coon Drivewa S ecial PerLot Area Variance
Con re ate Housin S ecial Permit Hei ht Variance
Variance for Si n
Continuing Care Retirement Special Permit
Independent ElderlyHousin Special Permit S ecial Permits ZoningBoard
Large Estate Condo S ecial Permit Non-Conformin Use ZBA
ecial Permit S
Planned Development District Special Permit Earth Removal Special Permit ZBA
S ecial Permit Use not Listed but Similar
Planned Residential Special Permit
R-6 Densit Special Permit Special Permit for Sian
Watershed Special Permit Other
Supply Additional Information
The above review and attached explanation of such is based on the plans,request for or information submitted. No definitive
review and or advice shall be based on verbal explanations by thea applicant nor shall
ica
PP all s
serve to such verbal al e
de definitive a x l information,
n format
P answers to the above reasons for this action. Any inaccuracies,misleading information for other
hcant
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 depa ment will retain all plans and documentation for the above file.
'Building Department Official Signature Application Received Application Denied
Denial Sent: If Faxed Phone Number/pate:
.. s
Plan Review Narrative
The following narrative is provided to further explain the reasons for the action on the property
indicated on the reverse side:
r1 r. S's $ �3 tIce . IK �A'Ss 3�#i`}tawfUP
'S
.,,v .>' t1C, "^ 4 v, ..«f" '"f,�i :fid ✓Y,^aAk af�t,;prz jyx93'X1w ' f.� Y�-.�
S k il.t
,,.��i✓: ,tea � /i4i-LtJ
Referred To:
Fire Health
Police Zoning Board
Conservation
PlanningDe artment of P
Otherublic Works
Historical commission
Other BUILDING DEPT
ZoningBylawDenia12000
North Andover Zoning Bylaw Amended May 1999
7.8 Exceptions
1. The residential lot areas and frontages above required and listed in Table 2 shall not apply in any
residence district to any lot of less area or less frontage than above required,if such lot be not
adjoined by other land of the same owner, available for combination with or use in connection with
such lot, provided that the applicant for a building permit on any such lot shall show by citations
from the Essex County Registry of Deeds incorporated in or attached to such application that such
lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and provided
that on such a lot there shall be kept open and not built upon a front yard and a rear yard each not
less than 20 feet deep, and two side yards,each not less than 12 feet wide; and further provided that
such lot shall have a minimum street frontage of 50 feet and a minimum lot area of 5,000 square
feet.
2. In Residence 4(R4) Districts only, two or more vacant lots, mutually adjoining, may with a Special
Permit from the Board of Appeals be permitted to be combined into a new lot or lots of not less
than 10,000 square feet area each; and with not less than 100 feet street frontage, provided it be
shown to the Board of Appeals that each such lot was lawfully laid out and duly recorded by plan or
deed prior to January 9, 1957 and the Building Inspector shall permit the construction of one single
family dwelling on each such 10,000 square foot lot.
3. As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall apply to land shown on
an approved definitive subdivision plan as defined by the Subdivision Control Law, for the length of
time described in M.G.L. Ch 40A.
4. As described in M.G.L. Ch. 40A, no amendment to this Zoning Bylaw shall affect the use of land
shown on an endorsed Approval Not Required Plan, as defined by the Subdivision Control Law, for
the length of time described in M.G.L. Ch 40A.
(Section 7 rewritten and reorganized May 1, 1995 Annual Town Meeting,Article 41)
SECTION 8 SUPPLEMENTARY REGULATIONS
8.1 Off Street Parking
1. Whenever a building is erected, reconstructed, moved or expanded or if a change in use occurs so as
to increase it floor area and/or design capacity, there shall be provided on the same lot with such
building or on a lot contiguous thereto (or within 100 feet thereof) in the same ownership as the
parcel containing the primary use, a sufficient number of open or covered parking spaces to satisfy
the requirements of the following schedule for the new building or increased design capacity of floor
area:
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LAW OFFICE OF
PETER G. SHAHEEN
CHESTNUT GREEN
565 TURNPIKE STREET,SUITE 81
PETER G.SHAHEEN* NORTH ANDOVER,MASSACHUSETTS 01845 TEL: 978/689-0800
FAX: 978/794-0890
TOLL FREE: 866-665-5834
*ADMITTED IN MA&NH EMAIL:PGSLAW@UAOL.COM
June 25, 2001 - t ,
l
Town of North Andover i
Zoning Board of Appeals
27 Charles Street "
North Andover, MA 01845
Re: Application for Relief from Zoning Ordinance
56 Phillips Court,North Andover
Dear Board Members:
Enclosed please find the following items:
1. One (1) original Variance Application with attached Written Documentation;
2. One (1) original Findings Application with attached Written Documentation;
3. One (1) original Abutters List Certified by the town' assessor;
4. One (1) original petitioner's authorization signed by owner;
5. One (1) original Zoning Bylaw Review Form, Denied for Map 95, Lot 35;
6. One (1) original Zoning Bylaw Review Form, Denied for Map 95, Lot 36;
7. Ten (10) copies of the above items with attached site plans for each;
8. One Mylar;
9. Check in the amount of$50.00 for Variance Application filing fee;
10. Check in the amount of$50.00 for Findings Application filing fee
Please file this in your usual manner to ensure that this item will be on the August Zoning
Board of Appeals hearing. If there is any additional information that is necessary please contact me
immediately.
. r
Thank you for your assistance in this matter.
Ve truly yours,
Melissa J. Shah
enclosures
cc: client(w/o site plan or mylar)
Maryanne Hart(w/o site plan or mylar)
M:\OFFICE\WPWIN\WPDOCS\Melissa\Cahow\ltrZBA06060l.wpd
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Describe the Findings Request:
Petitioner seeks relief from the zoning by law requirements in the R-4 District with
respect to lot area and frontage, to allow for a single family residential building lot of 10,500 S.F.
more or less and with a frontage of 88.58 feet more or less as shown on a plan of land entitled
"Exhibit Plan of Land in North Andover, MA, Prepared for Paula Cahow", dated May 17, 2001,
Hancock Survey associates, Inc.
MEMORANDUM
The following addresses the requirement of paragraph 9, of the Findings application:
A. The particular use proposed for the land is a single family residential building lot.
B. Owing to the shape of the lot, a variance is required. A literal enforcement of the
zoning by law would involve a substantial hardship, financial or otherwise, to the
petitioner and the relief sought may be granted without substantial detriment to
the public good and without nullifying or substantially derogating from the intent
or purpose of such an ordinance or by law.
The proposed alteration shall not be more substantially detrimental than the
existing non-conforming use since the lot area and frontage for the proposed lot is
only slightly less than that required by By Laws. There are many lots in the area
which are smaller in area and frontage. The proposed lot will comply
substantially with that of the present Zoning By laws and will conform to that of
j the present nature of the neighborhood in which it is located.
C. N/A
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