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Miscellaneous - 56 SURREY DRIVE 4/30/2018 (3)
I 0 V1 L3 C clob °""DoCWM ""` , � - J \r Vl v IncompIftXAZBAAppl Fom DsU—, Q(-, JL4S..— ylafllevta it i� 1 Uf`�� ��" ��� '^( "(fit(,( •�j�`� �� ����- 3a�- sa�� x �,� / i' i a r E pORT#1 o <<`•o 8".. erk Time Stam 3i o� RECEIT�Td p '° i'G11,RiPI r.I_rRIK's 0-cF1cE "4L * 2006 JUN 27 Ply 4: 15 ACHUS t r ZONING BOARD OF APPEALS NORTH ANDOVER Community Development Division MA55kCHaS`TTS Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2006 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40A, §17 Pro at: 56 Surrey Drive NAME: Joseph&Mary Keleher HEARING(S): June 13,2006 ADDRESS: 56 Surrey Drive PETITION: 2006-021. North Andover,MA 01845 TYPING DATE: June 26,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,June 13,2006 at 7:30 PM upon the application of Joseph&Mary Keleher,56 Surrey Drive(Map 74,Parcel 40),North Andover requesting a dimensional Variance from Section 4,Paragraphs 4.122.14.c.I &4.122.14.c.7 of the Zoning Bylaw for relief from the requirements for gross floor area and common wall percentage in order to convert a single- family dwelling to a two-family dwelling,and for a Special Permit from Section 4,Paragraphs 4.122.14.c, 4.122.14.1,&Section 10,Paragraph 10.3 of the Zoning Bylaw in order to convert an existing single-family dwelling to a two-family dwelling. Said premises affected is property with frontage on the South side of Surrey Drive within the R-4 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on May 22&29,2006. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers, David R. Webster,and Thomas D. Ippolito. The following non-voting members were present: Richard M. Vaillancourt,and Daniel S.Braese. Upon a motion by Joseph D.LaGrasse and 2nd by Richard J.Byers the Board voted to GRANT a dimensional Variance from the Zoning Bylaw Section 4,Paragraph 4.122.14.c.I for relief of 18.5%from the requirements of gross floor area and Paragraph 4.122.14.c.7 for relief of 30.56%from the requirements for common wall percentage in order to convert a single-family dwelling to a two-family dwelling;and upon a motion Joseph D.LaGrasse and 2nd b Richard J.Byersthe Board voted to GRANT a Special Po by P y B3' p Permit from Section 4,Paragraphs 4.122.14.c,4.122.14.1,&Section 10,Paragraph 10.3 of the Zoning Bylaw in order to allow a single-family dwelling to be converted to a two-family dwelling per: Site: 56 Surrey Drive(Map 74,Parcel 40),North Andover,MA 10845 Site Plan Title: Plot Plan of Land,#56 Surrey Drive,North Andover,MA,prepared for: Joseph and Mary Keleher,56 Surrey Drive,North Andover,MA Date(&Revised Dates): February 9,2006,Rev'd:May 10,2006 Registered Professional John F.McQuilkin,Jr.,No. 36120,JM Associates, 325 Main Street,North Land Surveyor Readin MA 01864 Sheet/Drawing Job#496-250 Page 1 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 fax 978.688.9542 Web www.townofnorthandover.com No.: ' ; t Date '—s —,/./—06 NOR7N pFst�e° 6�1�0 TOWN OF NORTH ANDOVER ° p BUILDING DEPARTMENT t • C°9 ^ea� �4"° *•°.:ase -Building/Frame Permit Fee $ SSAC14 Foundation Permit Fee $ ec, C�l l t�J�l Other Permit Fee I�j���a,��$ 12,5,1. , r j% ,,�f=J �J, ✓e ifi; f� Builaina inspe`cfor`Y�� ' A s ZBA3 £. � . " Date,b..-fi-.Q. ....... NOR7{r TOWN OF NORTH ANDOVER RECEIPT �S`SgCHUs�� This certifies that�.��?1 D.�q .. ... / . .�'1. .��h.�:...U.P.... has paid , . 1.��. .....11-+..5. .f.. �... .�.f.... .D�b--.pal for.. .... .. ...r.............................................................. ReceivedF (yo./ ... .1 ........................................... o.'J Department..............AAbq4._......................................................... WHITE: Applicant CANARY:Department PINK:Treasurer f ,40RTH 7 32,e�<�``" ;•.e'oL Town Clerk Time Stamp !O- 09 DECEIVED 4E - TOWN CLERK'S 0FFICE 4^r'O- t 2006 JUN 27 PM 4. 16 SACHUsfc ZONING BOARD OF APPEALS [01y'91H CE NICIRTH fJ00'Y' R Community Development Division t�t�SA.C,�I�SE r!E and r: Building Plan Title The Keleher Residence,56 Surrey Drive,North Andover,MA 01845, Proposed Second Unit Within R4 Zone. Joel R.M. Gagnon,Architexture,8 Richmond Street,Haverhill,MA 01830 Date: 5.10.06 Skeet/Drawing: Sheets 1 of 5 to 5of 5. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,David R.Webster,and Thomas D. Ippolito. Th _ The Board finds that owing to circumstances relating to the shape of the existing single-family dwelling especially affects this land and structure but does not affect generally the R4 zoning district in which it is located and a literal enforcement of the provisions of Paragraphs 4.122.14.c.1&4.122.14.7 would involve substantial financial hardshipto the petitioner. The Board fin 24.3' deep ds that the s is a 24.3 dee x 34.2 wide pe � P � two-story single-family dwelling with a single-story breezeway to the existing right side driveway and is set on the lot 15'from the left side setback. The Board finds that the front setback to the existing 2-story dwelling is 40',the front setback to the existing single-story breezeway is 50',and the right side setback to the existing breezeway is 33'. The Board finds that 56 Surrey Drive is a conforming R4 lot,and the proposed addition is within all four R4 setbacks. The Board finds that if the proposed shared 2-stall garage were not included,the addition would conform to the requirements of 4.122.14.c.I&7. The Board finds that the shape of the existing foundation and driveway,and proposed shared garage makes the ability to add the second unit so that it would conform to the requirements of 4.122.14.c.I &7 impractical if not impossible. The Board finds that 4 abutters,2 of the 4 being direct abutters,wrote letters of support and that there was no written or spoken opposition. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Section 4,Paragraphs Section 4, 4.122.14.c,4.122.14.1,and Section 10,Paragraph 10.3 of the zoning bylaw and that the granting of this Special Permit for a 2nd dwelling unit at 56 Surrey Drive is an appropriate location because there are other two-family dwellings on Surrey Drive. The use,as developed,will not adversely affect the neighborhood because the proposed addition,as designed,maintains the appearance of a single-family dwelling and conforms to the character of the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians because the lot can accommodate 6 off-saw parking spaces. Adequate and appropriate facilities are provided to 56 Surrey Drive. The Board finds that this Special Permit is in harmony with the general purpose and intent of this Bylaw,and this second dwelling unit shall not be substantially more detrimental than the existing dwelling to the neighborhood. Page 2 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com E pORTH Town Clerk Time Stamp 3r b.,r w s OL RECEIVED « TD!' h' C!PPK'SICE "o _ �'•�AwToo. ` 2006 JUN 27 FM 4. 16 �SSAG HU`��4 4�i3 fG tJ t ZONING BOARD OF APPEALS NORTH H00'gER Community Development Division FIRSSACH S..�.- 1 Note: 1. This decision shall copy not be in effect until a co of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2. The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, ;v. Ellen P.Mclntyd,C Decision 2006-021. M74P40. Page 3 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone1 9 8.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com i pORth OF�t�eo =6,4�'O Town Clerk Time Stamp FO- goA1reo 9SSACH�1`+ C:) ZONING BOAR© OF APPEALS = —M UO--3 Community Development Division =_ :..0 c�uh < 0 Legal Notice North Andover, Board of Appeals r-o Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 130'of June, 2006 at 7:30 PM to all parties interested in the application of Joseph & Mary Keleher, 56 Surrey Drive(Map 74, Parcel 40),North Andover requesting a dimensional Variance from Section 4, Paragraphs 4.122.14.c.1 & 4.122.14.c.7 of the Zoning Bylaw for relief from the requirements for gross floor area and common wall percentage in order to convert a single-family dwelling to a two-family dwelling, and for a Special Permit from Section 4, Paragraphs 4.122.14.c, 4.122.14.1, & Section 10, Paragraph 10.3 of the Zoning Bylaw in order to convert an existing single- family dwelling to a two-family dwelling. Said premises affected is property with frontage on the South side of Surrey Drive within the R-4 zoning district. Plans are available for review at the office of the Board of Appeals office, 400 Osgood Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle-Tribune on May 22 & 29, 2006. Legalnotice 2006-021. e^-n A- .M74P40. MUM = ol� �g'swx'om 1. m� cv2. c oFao gv zg. Isgm ' m°'sysee m ng � m Q !C. v ee pQ� !a° o._ �ha 6 oe i�;3 m� -e3oo• d�Y'o �t Q �o .ia3� �e �z$ g oQ$e � M. mg � -: 3 13 owls o� avo�� ,z,s Z Qiidd.(T$$ Ukul_� i ��a8� 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web wwwjownofnorthandover.com urn un w,nsm,,, IvaOALt•e r.�KK,peMrw M„ r............. 4 s...., v«nr w'rw fini0hiv Sower leve[.Sm'111)0, 19%'Skylire, IIK. 2 bed. oor�a orWaAt+ Med blxk street darling, ,seek )lar Oriw'ato entrance, tiwrg zs MILL VILLAGE RE Pot. Vora.new kltchen 8 both. s out to aVtet woadta roam,herdwoed raoh,Etre 2 oaths, i 5 .00 laundry hook-ups.No loose arra,AC dishwasher.h980 xkore. Off site@ Mkinfl, (MI Call 91114].1}11;978 6191500 large Private Ya►d.fINA00.00 SALEM NH: ARLINGTON Brand New SkY11ne D1V,21' required Ready now. +If ifities.978 mom, b'h�t hapt'ut, bmement Nol LAKE BEAUTY! New 6 h A',2 bed►eoms,2 bolas, fW'mQNO pals.%f 609 7825 sta►o", very onvote, no Inn room 2.5 tiled baths. Very MAVERMILL,MA BrIft►• cets, no Smoking. 51200. $o, 1119JI00 00 OVER,MA sedclaus and wood.)tweb 2+tuaropm AvbhotNr 6n,9rig6 2133. sunny soar Plan,great out in sllmr bedroere DUPIek, 14 both,huge dark,AC,tile, 4.1: kltchen Honked with coal. WILLOW GROVE PARK NEW applimlaes.hordwood aPlrodK!From AoC,f Byte nets 6 apt ikxor.Oversileo Nom•NH•Bruno Naw 20W Kttools,InOPahna,did an 1 GAS NOTICE win0ows,walk us atlit, 2 Skrllnt,11'i70,2 Dearaoms, drat, Mayr froth, 9yn5, � 9■�J0 LEGAL ed car 0arap.a a twg"n flat 4 petty,corner tot 9rm.Yotl 1A•311.13f1 KRE ' The Gravel) Con. Star weeded wiYate cora. N9400N Sh,300.0o pANvt;RS, MA, near B KN` aLessl� s s37r,1og.Ben Canaan Really, eriv Unit,3 ttl!0rodrl ROnc ervation Commission side 9187721171. Carriage Town Pork Mem- �t, 9WRENCE. MA Moreton Vol hold a public wiph mac MA-26N Sterling N xt66', full bpspnyM} t N both,wait St. Townhouse. S room, 2 heaAilg SALEM, NM Nctghbarl,ppd 2 beerooms,I both,N9,80800 to wa11 rags.LWglfln by ren. b&MM 1.5 both with but. at she tlMW Pertt Coots tft Ranch 1350%It,breo2oway, ahl.SLSOD.91La171170 cony A ea�a►raa9g0.91 001 np 011, fsrenae Rooth, 201 29a oore Reduced!119t,90p Nora, Snore Community, OANVERWORT•1 room,3 flea.T,kdlw'Rwf)96pOhi twmmend,MlL rl�� for the S masts can 10]113.AM Merrinwc,MA_20N Skyline bedroom.Large kitchen,tib• MARBLEHEAO MA,Level y SANDOWN,NH CCub 3 bad- OW WWI,4 bwrooim 2 ro9a Neor 12V carrinte 3 room 2 t tlM7apm, 2 Date Widneaft June offic ,mm Rarmh with finished babe.Center Lataa17r00d00 rOrNlver.Nksam.12000+ Will. turhl6had. Private 7.2008Time7:30 T Wile tamer level.All er rano- To scnedula o sthowigg,call heat i Secwity,1142111-4M. seflihf,6 month,will extend, consider GN01 N!N!pj MA hbtea.Perfect starter Memo. SALEM MANUFACTURED 11600 hcludn all.781 11b1 Rega tai DOat Rock, dey 9168,000.C0116034011250. HOMES 6031483iM ESSE , MA: rand new 7 ng room, 13 both evarlookln0 PEABODY MA 2 btatdotrt Pathvray,minor grading. B»i0 Safe Thousands! Pond 6 meadow, Gongs, new kitdlrn. aooiimtcaa; At 4 Mahon AV&in Giov- NaIPU•5/11 All Pro ReoHY aaplonc"I Jocv2ti, decks, both, carpet. AIC, IOatlAry, eland, lam-$533 a 11875+.sou 91576916es Parkatg{ en. 51195 Includes ET-og12812006 Elk RAI 6D48�IM GLOUCESTER, MA: 2 bed AeabMt wakr.lti•7p13S15 tIM6 lot?You roe have o roan house, raantW rano- PEABOOY,MA:6 room du. noose loft vov navy tauae 20N an now AV ebsaeut Vamp, new Almon will Pler,newly renovated, ham Seabrook,Con be yours red an naw!AU snveMay stainless 000liam 91100+ 3 bedrooms,dlnim L living root eheou.Can 103 769138. �btasrll quick sew horn uHmNs.NO sets,ftn2-MJ room,off street writihg� LE Ar NOTICEAiiZz r+�sw►vdrols gala PLOUCE3TER west,MA 11250ra utlitias.9784243. 8W-17t yu NRCAN Almmt new 3 bedraem,t.s COMMONWEALTN OF BEVERL'iMA,Tucks bath Townkyle canvenlent MASBACHUSj�TTg Point, 1 bedroan, pardon IoCetren.$1600.9�UM226 THE TRL Own style,sunsets,.,-,. ,92Tf,* MAMILTON Caxy Village PROBATE ANDBy BEVERLY,MA,Tucks' Conti Victorian 3 bedroom,t bpm, FAMILY COURT AT Point, 8 room waterfront ESSEX,MA: .i ACRE near train,nor dpgy smoke, DEPARTMENT towmv iso,sure go,.1339,9oa Rnideoffal Build Lel f1S9ynto.+.avoll®k brow. SALEM MA, new convey tN V ogrovod a sap Coo 1184224436 E t3 AGIon Eater skin+ I bedroom i 3 s PrivaM rte. Docket No. et 8e room, born dekadd, se.00p.9tea6816n, oiP0889EP1 Deets irw........:st7vO a E OTI in the Estate of Banks EARA FIfMBANE E MD REBA Q,AAINTER 971.91140,0 SAL NOTICE North an,f c elle C=RT Lacs a LE ICF LEGAL NOTICE pEPARTIIIIt3fT OF LAWRENCE of�ib�s COMMONWEALT91 OF lxJOitRD OF APpF.NORTH EARLB, � In ft Xty of at 1:0 TNETRIAL MASSACRUIE 1TS Notice Is hereby Sinn (BEAM Date of Death LaaM 91 LAND COURT that the Notch Andover is MISC 322571 April 9.2006 DERW MENT OF Zon�'ng TO:Eric Danlets and to NOTICE OF PETiTtON 110, THETOMAI COM vldk hold a pup�c�7'�B �1 PlKaone omined ro the FOR OF PUTTE Ff arlingIlawn bendlt of the Service. OF WILL Tht (SWO At she 20 floor a>Tt7� memhpera Civil Relief Ad. To all er"I'la inter• cuffat Cede No.. NeN, 120 Meln Sheet, JpA6 Chase Dank, p goal Tb Robert Soto and to North Andover,MA on aurid in the above cep 18,21 ad Parsons aniitled to 11te Tuesday tha, 131h of Cha N !n JPMorgan North NOReO eatafa,a peon as fob benefit of the Service- Jine.20Mat7:90 PM 10 Chore Sank,ea Trustee nae oxen preeentad Nor mAmbers Civil Relief Act all parttea IrNerested in claiming to be the tholesr praying that a F1A1,Inc„Claiming to be the sp li*ation of Of a Mortgage covering mens g - better the holler of a reel property In Methuen, PurPortitg to be ESS mortgage Joseph Msryr Kelt numbttred 845 flivefside the last will of said fotttWN covemg reel property In her,56 Sunny Drdre Drive,Unit28C,RMersida decedent be Proved. Bou Lawrence numbereedd as (Ma 78, Parcel 40 , and allowed, and that bfflleC 154.168 Farnham 9treot N p ) Village Condominium NORMAN A. PNlSH- l i sit oM Andover re set. Ion by Eric Danielsto rven by Robert Soto to irg a dimensional Yart- lVen,�� TON of MtTNUEN in leer, i - Eleetlorro Rog- encs from 8eOtt*"4, ;'"'"'""ElecbontC sieq. Jobs the Ocumy of ESSEX Essek c i8that on Systems,Inc.,as PeusAraphs 4.12214.0,1 stratlon Systems,Inc.. be tppggted execute► in Book nominee for First NLC A4,t t4 c7olt►te2an• dated September 12, named in the will to Financial Services,LLC in BYkw tear raliel ham 2�3 and narArdad with North without at to The*id dated September 22, the requirements far the E County(North• l� w IF YOU pESI TO 2005 and a=rdad at the gross floe►area and ern District)Rsgistr oI OBJECT THERETO, this na Essex County(Northern CorttfrhOri Deeds a1 Book 8278, District Ra tat wall YOU ORYOUR AMFI' Page 278 and now held For the h NEY MUST FILE A water a 9 ry of in order b cOrtYert a ren- by the plaintiff Deeds at Book 9782, glib-lernity dwelling to a mem hes hled�Mr,t taffy tidertioa of uea WRITTEN APPEAR, abeessn Page 193 and now hold tw o4sinvy ttyrellln ,ane ANCE 1N SAID COURT no*ro v bYPlaintiff byasaignmeat, taraS 0 court a complaint for tsoa6lwsadnt>dtala AT SALEM ON OR pn0 Peaet Permit frtOml atttharity to laedosa said BEFORE TEN (aTRY C has Bled with said court a Section 4, Paragraphs m anew and used O mala for Authority to 4,122,14.c,4.122.14,x,a folloini�ne in the manner O'CLOCK IN THE OrOne r "does Said mortgage Section 10, Paragraph g:Oy entry and atitomeb"and FORENOON (10:Oo � � I"the manner rollowing: 10 3 ct the Zoning my Dtseaeaa,pn end ererCilte ASM,.) ON JUNE S, A dap by entry and poeeouion in order to convert an *f slower of sets' exciting canto I and exercised If you are wood to me by,cartif power of existing single-family oppoetoold",tura In addition, sate.If yqt, enticou ed to dwoffing ro a two faml b0"eMa at the Service- must file a written affi- Thome tsl�ila the bonefita at the Ser- dwelling. r ftwa Civil Reliot Act to Claaaifted vicemembers Civil Relw/ Said prurrliees attested as amended and you davit Of ablections ta of ffarmc Act and you object to Is pro object to suoh forecfo• eonnation,the thepetitien,staffing am Nemon, perry with hbmaga sure aria facts and grounds Bok$10 Such forecioeurs you or on ate South aide of Buy You ar Your attv►neY ytr8eer claaai4� upon w1tKh the abjec 02481-0: you►attpmey should filo ray Orive within tare R-4 should file a written marketplace north tion h based,within Chir- sale.Da a written appearance zoning dt6UicL appearance and answer P ty (30) diy8 aper the and wne"r in said court plena are al ala '^said court w t baton of Boston,And r at goat*"on or bolas reviaw all the office of the on Or Caton the 19th B1Wn daft(0/such 0th• may' when you or Mme as the Court,on mortgage the 18th day 0}June Bodrd of Appeals office, a�2er barrel from Y �w'e� motion with notice t* puptl�lp be krevar barred from Leath up to the etitioner, may Others over or You may tcl im. 400 09 cod Streit, clatnting that such fare- ever barrel from claim- ayNorth through h FMA Mon- closure is irnafld unser 355,000 shoppgs auowl In accordance Ing chat such totedoaure day through Friday from eattl act with Probate Aute tib. IS Invalid undM said act, the hours of 8!30 m with one csll! WITNESS, HON. MIS 20 Witness, KAFIVN F. 4:30PM. Witness, KARYN I'. MARY ANNE SHON, SCHEIER,Chid Juetice By order of the SCHEIEA,Chief Justice St t GIAN, E8CUIRE, First of said Court this 8th day Boitfd of Aleps of said Cour t this 4th dei C-A j 'I 1 Justice a}sold Coon at d May 2006. Ellen P.McIntyre,Chair of May 2006, n�Vn:n wV.and ree,In SALEM Iltrr day, April DeborahaPane tL��ggs�iIn�gos2006-021. Attest; 2*.2006, MT4P40, Daooran J.Patterson wwwctnteaehtlNmcata 1.- CAM Pamela O -oerza,Dalolnooe Aewroer -t oe el C Legal eT-s Eof ros P DaisET_6r18 �0'd 9b:TT 9002 T2 6pW 00b6-2Z6-ZZ8-T.XPJ NOI133NN03 Q33IJISSU-D � 4 o <�•� �. ti i erk iime Stam r .�..f *.•• °o i;ECEI1 E P z - 0 T 0 IN IN C,►. �E,9K'S 0 FF Icr This Is to certify that twenty(20)days * ,� havoelapsedfrom date ofdecision,filed 2006JUN 27 PM 4: 15 without filing of aS appeal. �� o Joy A,Bshave Date � �ss�c►+ust�� Town Ol®fit MORTH Ai l0 `*_ )z ZONING BOARD OF APPEALSr~1AS5t;��rl Community Development Division ATTEST: A True Copy Any appeal shall be filed within Notice of Decision �r_D (20)days after the date of filing Year 2006 Town.Clerk of this notice in the office of the Town Clerk,per Mass. Gen.L. ch. OA, §17 Property at: 56 Surrey Drive NAME: Joseph&Mary Keleher HEARING(S): June 13,2006 ADDRESS: 56 Surrey Drive PETITION: 2006-021. North Andover,MA 01845 TYPING DATE: June 26,2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,June 13,2006 at 7:30 PM upon the application of Joseph&Mary Keleher,56 Surrey Drive(Map 74,Parcel 40),North Andover requeqfi.ng a dimensional Variance from Section 4,Paragraphs 4.122.14.c.I&4.122.14.c.7 of the Zoning Bylaw€or relief from the requirements for gross floor area and common wall percentage in order to convert a single- family dwelling to a two-family dwelling,and for a Special Permit from Section 4,Paragraphs 4.122��:c, 4.122.14.1,&Section 10,Paragraph 10.3 of the Zoning Bylaw in order to convert an existing single4a661y r^ dwelling to a two-family dwelling. Said premises affected is property with frontage on the South situ co Surrey Drive within the R-4 zoning district Legal notices were sent to all names on the abutter's liff5#d were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Ando exon % May 22&29,2006. --q m M_ _ The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byer; David R Webster,and Thomas D.Ippolito. The following non-voting members were present: Richard M.Vaillancourt,and Daniel S.Braese. Upon a motion by Joseph D.LaGrasse and tad by Richard J.Byers the Board voted to GRANT a dimensional Variance from the Zoning Bylaw Section 4,Paragraph 4.122.14.c.I for relief of 18.5%from o the requirements of gross floor area and Paragraph 4.122.14.c.7 for relief of 30.561/o from the requirements ry for common wall percentage in order to convert a single-family dwelling to a two-family dwelling;and upon a motion by Joseph D.LaGrasse and 2°a by Richard J.Byers the Board voted to GRANT a Special o Permit from Section 4,Paragraphs 4.122.14.c,4.122.14.1,&Section 10,Paragraph 10.3 of the Zoning cr Bylaw in order to allow a single-family dwelling to be converted to a two-family dwelling per: — Site: 56 Surrey Drive(Map 74,Parcel 40),North Andover,MA 10845 Site Plan Title: Plot Plan of Land,#56 Surrey Drive,North Andover,MA,prepared for: Joseph and Mary Keleher,56 Surrey Drive,North Andover,MA Date(&Revised Dates): February 9,2006,Rev'd:May 10,2006 Registered Professional John F.McQuilkin,Jr.,No. 36120,JM Associates,325 Main Street,North Land Surveyor Reading MA 01864 Sheet/Drawing Job#496-250 Pagel of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web wwwjownofnorthandover.com GE NO DTII 3� �.! ,!+, o Town Clerk Time Stamp " RECEIVED 9 Uktt' ' CLERK'S OFFICE 2006 JUN 27 PM 4. 16 S�IGHUSE ZONING BOARD OF APPEALS ►i)'i ur 'ORTH P100V- Community Development Division A ,.` . •-r P'1ASSACHUH r 1 and r: Building Plan Title The Keleher Residence,56 Surrey Drive,North Andover,MA 01845, Prosed Second Unit Within R4 Zone. Joel R.M. Gagnon,Architexture, 8 Richmond Street,Haverhill,MA 01830 Date: 5.10.06 SheeUDrawin ; I Sheets 1 of 5 to Sof 5. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,David R Webster,and Thomas D.Ippolito. The Board finds that owing to circumstances relating to the shape of the existing single-family dwelling especially affects this land and structure but does not affect generally the R4 zoning district in which it is located and a literal enforcement of the provisions of Paragraphs 4.122.14.c.1&4.122.14.7 would involve substantial financial hardship to the petitioner. The Board finds that the shape is a 24.3'deep x 34.2 wide two-story single-family dwelling with a single-story breezeway to the existing right side driveway and is set on the lot 15'from the left side setback The Board finds that the front setback to the existing 2-story dwelling is 40',the front setback to the existing single-story breezeway is 50',and the right side setback to the existing breezeway is 33'. The Board finds that 56 Surrey Drive is a conforming R4 lot,and the proposed addition is within all four R4 setbacks. The Board finds that if the proposed shared 2=stall garage were not included,the addition would conform to the requirements of 4.122.14.c.I&7. The Board finds that the shape of the existing foundation and driveway,and proposed shared garage makes the ability to add the second unit so that it would conform to the requirements of 4.122.14.c.1&7 impractical if not impossible. The Board finds that 4 abutters,2 of the 4 being direct abutters,wrote letters of support and that there was no written or spoken opposition. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Section 4,Paragraphs Section 4, 4.122.14.c,4.122.14.1,and Section 10;Paragraph 10.3 of the zoning bylaw and that the granting of this Special Permit for.a 2°d dwelling unit at 56 Surrey Drive is an appropriate location because there are other two-family dwellings on Surrey Drive. The use,as developed,will not adversely affect the neighborhood because the proposed addition,as designed,maintains the appearance of a single-family dwelling and conforms to the character of the neighborhood..There will be no nuisance or serious hazard to vehicles or pedestrians because the lot can accommodate 6 off-street parking spaces. Adequate and appropriate facilities are provided to 56 Surrey Drive. The Board finds that this Special Permit is in harmony with the general purpose and intent of this Bylaw,and this second dwelling unit shall not be substantially more detrimental than the existing dwelling to the neighborhood. Page 2 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9541 fax 918.688.9542 Web www.townofnorthandaver.com d + NORTH fro.'fu•o :•�tieo Town Clerk Time Stamp `'' �, RECEIVED '�' '0 TrJ�'+Fl l_E RK*S O=FILE * - C. 01 - +" # '> 2006 JUN 27 Pial �SS.ICHus�t I 0�7i ZONING BOARD OF APPEALS P:pRTH Ai`:i00"j!7 Community Development Division Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the gtauit s�ia7l rap -andmaybe re�establishcd only after notice,-and-a-new-hearing._Furthenmo.m, --------- Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Aim ( ' Ellen P.Mcl:n ,Chiirritan Decision 2006-021. M74P40. Page 3 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 fax 978.688.9542 Web wwwjownofnorthandover.com b SSE C X NCIRTW REG9SSTRY CSE DEEDS LAWRENCE, MASS. L A ITRUE COPY-. ATTE-tT iCA30�1 RF131STER OR OEE.O l RECEIPT Printed:12-08-2010 5 11:13:54 Essex North Registry Robert F. Kelley Register Trans#: 166304 Oper:SHEILAM KELEHER Book: PL Page: 16369 Ctl#: 79 Rec:12-08-2010 5 11:13:51a ' DOC DESCRIPTION TRANS AMT PLAN Surcharge CPA $20.00 20.00 5.00 5.00 TECH FEE 50.00 Plan recording Total fees: 75.00 Book: 12320 Page: 172 Inst#: 33492 Ctl#: 80 Rec:12-08-2010 ® 11:13:51a NAND SURREY DR DOC DESCRIPTION TRANS AMT --- ----------- NOTICE Surcharge CPA $20.00 20-00 50.00 50.00 recording fee 5.00 5.00 TECH FEE Total fees: 75.00 *** Total charges: 150.00 CHECK PM 1669 150.00 JUN 09 2006 09:28 FR BBH TO 919783275219 P.01!01 BROWN BROTHERS HARBYriYAN&Co. 40 WATER STREET BOSTON•NEW YORK"PHILADELPHIA BOS'T'ON,MASSACHUSETTS 02109 PRIVATE BANKBRS (617)742-1219 DATE: lJ r TO: CvgUo �,,j PAX NUMBER: FROM: FAX NUMBER: 617-772-2418 NUMBER CE PAGES (INCLUDING COVFR SHEET)' �� � (cue � �►� r LwtzOvv`JUN 1 � 2006 r APPF-ALS The infonm(ion contained in this facsirtWe message is privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this telecopy is strictly prohibited. If you have receive the telecopy in error,please immediately notify us by telephone and return the original message to us at the address above via the United States Postal Service. Thank You. 6- 13-0j(- ** TOTAL PAGE . 01 , JUN-09-2006 09:43AM From: ID: Pa9e:001 R=96, SEE PLAT NO. 35 0 6 00 D/$CO/vr//v Nr/NCU/ D SJ rn C 5 q. 1 sr. oSGOOD SEE a- 202.Q' ioo.6: -.-P.1A I I 3 15 0.44 0.520 1.080c 2.91.c 53 52 26 '3 7A 6 V) 2 28 29 30 31, 12 co 50. 4 11 B 9 23 2.9 32 1E 9i22 48 34 1, 33 a w O z 2s Aa 10 wLLj wc/) V) 24 o :D V) 25 1% 47 35 za 6 401 6 26 39 6 to 8 17 16 18 1423684 16,644 ZU.al, 1. 37 20,125 36 SURREY COLGATE DRIVE 13 %A Tec- 51 17A 44 38 14 1 20� 21 "r 41 50G 12 50() 45 w tG 21 295 20 665 207- ----- 42 -1wo FAm 1 Lf MOODY ST ED ex I We q V-Al ICT- COMPOMOMAAM SCALE 100 FEET = I INCH SEE PLAT NO. 73 PROSPECT ST. 74 , I Tax May 74, Lot 34 Address: 68 Surrey Drive VA * T c Tax Man 74, Lot 33 Address: 90 Surrey Drive ✓ R el Mwf 49 _. - _— ._.�.• _= ..._"-,c. - �Ai- ��` iii �� ,x e.. x 1 � 1 - �,''f�� ,. ✓ it F. . r 1 � 1 x •� a 1 � 1 ♦ 11 i1 1 � f ak 'LI e 1 � 1 ♦ 11 1 ' " Zoning Bylaw Denial _ Town Of North Andover Building Department 1600 Osgood St. North Andover, MA.01845 Phone 978-688-9545 Fax 978-688-9542 Street: 56 Surrey Drive Ma /Lot: 74/40 Zoning District R-4 Applicant: Joseph&Mary Keleher Re nest: Conversion of a single-family dAelling to a two-family di+'ellin Date: 5-17-Ub Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Item Notes Item Notes A I Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting X 2 Frontage Com liesX 3 Lot Area Complies X 3 Pre xisting frontage X 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 X 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height X 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient i Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Com lies D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 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 X 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existin Parking X Remedy for the above is checked below. Item# Special Permits Plannina Board Item# Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit X Area Variance Common Driveway Special Permit Hei ht Variance Congregate ate Housin Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforminq Use ZBA Larcie Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Develo ment District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Si n R-6 Density Special Permit S ecial Permit preexisting nonconforming Watershed Special Permit X Zoning Board Special Permit Required 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 an verbal explanations by the applicant nor shall such verbal explanations by the ,applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative'shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. ,G Building Department Offlc I Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: ____ Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: Denial Reasons for Denial Form Item Reference B;4 A Special Permit from Sections 4.122,14.c,4.122.14.1 & 10.3 of the Zoning Bylaw for the conversion of a single-family dwelling to a two-family dwelling in the R-4 zoning district is required from the Zoning Board of Appeals. Remedy A dimensional Variance from Sections 4.122.14.c 1 &4.122.14.c.7 for relief from the requirements for gross floor area and common wall percentage in order to convert a single-family dwelling to a two-family dwelling. Referred To: Fire I Health Police X Zoning Board Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT OWNER AUTHORIZATION 56 Surrey Drive, North Andover, Massachusetts (Assessors Map 74, Lot 40) We, Mary Keleher and Joseph Keleher, the owners of 56 Surrey Drive, North Andover, Massachusetts (the "Property")being applicants for a Special Permit and for Variance concerning the proposed expansion and conversion of the Property to a two- family residence as filed with the Town of North Andover on or about May 11, 2006, do hereby authorize and appoint Brian G. Vaughan as our agent and our true and lawful attorney in fact, to sign and execute on our behalf, any and all applications and documents, and to take all necessary actions, including to appear on our behalf at any public hearings before the Board of Appeals with respect to the Property and concerning our applications for such Special Permit and Variance. Dated: June 2, 2006 OWNERS: Mary Weleh& J ph K cher June 3, 2006 Zoning Board Community Development Division 1600 Osgood Street North Andover MA 01845 To Whom It May Concern: We have seen and reviewed the building plans for Joseph and Mary Keleher, 56 Surrey Drive,North Andover and we approve of the construction. Jsep Finn Nancy E. Finn 48 Surrey Drive 48 Surrey Drive North Andover MA 01845 North Andover MA 01845 Town of North Andover June 6, 2006 Zoning Board of Appeals 1600 Osgood Street Building 20, Suite 2-32 North Andover, MA 01845 We have seen the plans for the reconstruction of 56 Surrey Drive to convert a one family dwelling into a two family dwelling. We have no objection to this reconstruction. Catherine and George Festa 51 Surrey Drive North Andover, MA 01845 -?5- s v/ cy 0OVE Nv Ak) Z(5vc-1Z MIt 0 O Vv 1,,� U THE KELEHER RESIDENCE t� 56 surmey Drlve II II North Andover, MA 01845 PROPOSED SECOND UNIT WITHIN R4 ZONE E=xisting Structure—I,Q72 s.f. Max.Buildout—Q86 s.f- Proposed first floor—450 s.f. Proposed second floor—410 S.F. Total Uital le area—860 s.f. A r _ Ri of F4ik j2 s - os Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Partles In Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding 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." Sublect Property: MAP PARCEL Name Address 74 40 Joseph Keleher 56 Surrey Drive North Andover,MA 01845 Abutters Properties Map Parcel Name Address 74 4 Patrick Duffy 59 Surrey Drive North Andover,MA 01845 74 8 Yuri Smychkovich 133 Chadwick Street North Andover,MA 01845 74 9 Marilyn Doyle 145 Chadwick Street North Andover,MA 01845 74 10 Mary Foley 153 Chadwick Street North Andover,MA 01845 74 14 Gloria Brady 119 Chadwick Street North Andover,MA 01845 74 23 Knights of Columbus Assoc. 505 Sutton Street North Andover,MA 01845 74 26 Bartholomew Galvin 25 Surrey Drive North Andover,MA 01845 74 27 Stephen Wakelin 43 Surrey Drive North Andover,MA 01845 74 28 David Smolag 67 Surrey Drive North Andover,MA 01845 74 29 Gregg Gilligan 75 Surrey Drive North Andover,MA 01845 74 30 Armando Vera 83 Surrey Drive North Andover,MA 01845 74 32 Delroy Smith 79 Marian Drive North Andover,MA 01845 74 33 Jeff Melville 92 Surrey Drive North Andover,MA 01845 74 34 Cynthia Robinson 68 Surrey Drive North Andover,MA 01845 74 35 Hagen Lwowski 134 Chadwick Street North Andover,MA 01845 74 36 Sadie Walsh 63 Sutton Place North Andover,MA 01845 74 37-0001 Andrew Lennette 124 Chadwick Street North Andover,MA 01845 74 37-0002 Jean Clarkin 122 Chadwick Street North Andover,MA 01845 74 38-0001 Wayne Richards 114 Chadwick Street North Andover,MA 01845 74 38-0002 Sheila DiBlasi 116 Chadwick Street North Andover,MA 01845 74 39 Joseph Finn 48 Surrey Drive North Andover,MA 01845 74 44 Shaban Magdy 39 Royal Crest Drive#2 North Andover,MA 01845 74 47 John Lampron 35 Surrey Drive North Andover,MA 01845 74 48 George Festa 51 Surrey Drive North Andover,MA 01845 74 49 Theresa To 150 Chadwick Street North Andover,MA 01845 74 50-OOOO.A Richard Curtain 89 Surrey Drive North Andover,MA 01845 74 50-0000.B Janet Puglisi 91 Surrey Drive North Andover,MA 01845 Date 5/4/2006 Page t of 1 This certifies that the names appearing on the records of the Assessors Office as of Certified by, Date 06 TOWN OF NORTH ANDOVER SPECIAL PE NT TED 0 F F 11C f- ZONING BOARD OF APPEALS NAME Z0C=-C-tH "t) MA-ey Kcx-L-OHEV, Pi", x,: 21 ADDRESS OF APPEAL 5-f- 61U2Pe7�j Dkl\lc- Town Clerk Time Stamp t A Procedure & Requirements for an Application for a Special Permit Ten (10) copies of the following information must be STEP G.- SCHEDULING,OF HEARING AND submitted thirty QQJ days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cost of the Party in Interest fee. Petitioner will-comiplete items that are underlined. STEP 7: DELIVERY OF LEGAL NOTICE TO. STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf, or be as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed, any appearance without due cause on behalf of the petition, the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch. 40A see. 17,within twenty (20) days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerox*copies STEP 10: RECORDING THE,DECISION AND PLANS. of all the required information to the Town Clerk's Office The petitioner is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 381 Common Office, and the.1 0.Xerox copies will be left with the St., Lawrence MA, and shall complete the Certification Zoning Board of Appeals secretary. of Recording form and forward it to the Zoning Board of Appeals and the Building Department.. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 400 Osgood Street 120 Main Street _Klorth Andover, MA 01845 North Andover, MA 01845 00889-9&j [�,-x'for all Community Development offices 8-688-9545 Building Department 978-688-9501 Town Clerk's Office 7 MAY 1 1 2006 8-688-9541 Zoning Board of Appeals Office 978-688-9566 Assessor's Office PAGE 1 of 4 BOARD OF APPEALS PAGE 2 OF 4 Date &Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: JOSEPH AND MARY k6i-L"MeK (Q�8)685--72 o5 56 SqRAFY WNtr, N69,TH ANDovek MA OiBLfS' "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: TOSEpH ANN MHky IKELE-HEK (q7s) 685---7�Z0s _ 56 Stk&key 'bR%vE N b Rim Aunt D ovt✓R MA 01845 Years Owned Land: L45' Ye4A s 3. Location of Property: a. Street: 5L Sv &q iFF lR 1 vE Zoning District 9,—q b. Assessors: Map number -3-4_Lot Number: Lt o c. Registry of Deeds: Book Number 118 Page Number. $2-- 4. By-Law Sections under which the petition for the Special Permit is made. $E GT t o r4 r l t .3 AN D L4. t 2.2. . %-i "Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. S. Describe the Special Permit request: R�Q�EST FoK CoNVmstoi4 6r- *1 Fxis idtl, ONE 694114� To A ?�,/0- F4m tW )wE LA III G W THE 'e\—q -b 1S M10-r Tb is CLURt IKcRviyr IN Tule OF AN V0SriN6 S7-kUcrvA_F ANO frIO V1 104 OF 4 GA24G-r S€ic NgR24r1,1e 9r-rncHr-_P . .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 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear tq-41 t4 1z-95 % 100. 0 4_ yo.o t5.o 19.0 L13.,I o� 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear IN�1 ro414 t4. It % roo.o (a y0.0 15.0 17.0 Y2--1 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear 12,500 N/A t446 % iao.0 4 30.0 15.0 13.0 30.0 7A. Existing Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq. feet Building* of Units*" 1-070. 2 19-7-Z KUStDCNr1A l- - SLN6 LE -rAttL� r *Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. 7B. Proposed Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units** -1q2- 2- RJ`S1r)EKT/4L_ - IW6 Jr4A►l4.y Z- *Reference Uses from the Zoning Bylaws&Table 1. **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 filled 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 mis result in a disal by the Zonin Boar of his appli tion as incomplete. Si nature L? Type above name(s) here MAQy A,/o 7"os,—p" /<a L EHEJ, rF TOWN OF NORTH ANDOVER VARIANIC'EK'S "I F r IcE ZONING BOARD OF APPEALS 2006 MAY l I Pl 4: c 1 NAME: -J-OSE-PH 4N v M4ky k C- rf ffEK 1 ADDRESS OF APPEAL: 56 -ruk- Y -D2 k V F ^ i sE:'e 9?(3u t�l T wiCiefii=TRme sta€rF MAISJr.(;i sv w:.:i 5 Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the Rules and Regulations and is not meant to cost of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7• DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER 'The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERM.IT DENIAL: of the Zoning Board of Appeals and delivers the!-.gal The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw 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 petition,the Board shall decide on the matter by using completed. the information it has received to date. 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 page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General.Law ch.40A.§ 17,,within twenty(20)days after The petitioner requests the Assessor's Office to compile the.decision is filed with the Town Cleric. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one(1)original and ten(10)Xerox the decision,the Mylar, and any accompanying plans at copies of all the required information to the Town Cleric's the Essex County, North Registry of Deeds, 381 Office to be certified by the Town Cleric with the time Common St., Lawrence MA, and shall complete the and date of filing. The original will be left at the Town Certification of Recording form and forward it to the Cleric's Office, and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building the Zoning Board of Appeals secretary. Department. ....._...u..vc ................s..........ue..wd..a............. ,.aawu....c.a..awa.............n.....assn..+.................. _. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 1600 Osgood St., Bldg. 20, Suite 2-64 120 Main Street North Andover MA 01845 978-688-9501 Town Cleric's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 97"- r-01,4`l5 rZrj Spard of Appeals Office PAGE 1 of 4 D I i Zoos Box,-,.n nF�APPF:A! y0 -70 IQ `7a = �� 0 7t) d� C� c6 Cb wct S IP PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a V�R�ANCE Please complets an items t-10 below: 1. Petitioner: *Name, *Address and telephone number: 7osEI'H AND MARY LCELEHEP. (9T8) b8.5- 7z0S 56 SURREY DR t'/E - N0Q-rH ANPovIEKMA 01845 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: '71osEPH At4D fAAky KELFNER C9�8) 68s-�Zos 5C s'uRR'Y bktvE N b&T11 ANPO VE1Z, MA 01845 Years Owned Land: L}5 YeAK-T 3. Location of Property: a. Street: 5'46 s u RK E y 'DR I J E Zoning District: K- 4 b. Assessors: Map number: -7-q Lot Number: 40 c. Registry of Deeds: Book Number: 11-78 Page Number: 82- 4. Zoning Bylaw Section(s)* under which the petition for the Variance is shade. SEcTJoIJ y , ILz. 14 *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: CXTANSIoN AkF,4 OfON C6aN(C4V0A1 TD IrWO-FAM IL.x 7o EkcSED SO% or= oklGiAt.4L guic.JrNGS &AOS; FLOOK AkrA 4NJ CaNlJECCcMMo4 WRc.t, oQ FtLbR ?D bE L95S rr-{AN S'/o 6F w9u, oR FO009. SuQF4C . The above description shall bra used for the purpose of the legal notice and decision. A more debited description Is required pursuant to the Zoning Board Rules and Reguiations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request cis" 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 Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. 014 N/A N 1A % IJ A NIA NIA Nf A N A N/4 B. % Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application fol' a VARIANC E i 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 14-414 Iz95;c4/ II.5q °�o 100.6 4 0.0 1S. 0 (1.0 y3. 9 i 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear (L- 71q Io-qtq 100.0 Yo.o l:r.0 19.0 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 12.500 —N/A N/A 100.0 y 30-0 IV,0 15,o 30- 0 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units*' 1010 Z Ze t� t972- RE5►bENngj.-.'in4GLe f4mkM 1 *Reference Uses from the Zoning Bylaw&Table 1. *"State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units" �y z Z 31',3 1351 REsiae-trI4L-TWO PAft Ly Z *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town ClerKs Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Si nature: Type above name(s) here: mgg X .411A sarFFH 11�EGEyEIZ JRTM Zoning Bylaw Denial ( Town Of North Andover Building Department 1600 Osgood St. North Andover, MA.01845 y9,551[NUSE�4` Phone 978-688-9545 Fax 978-688-9542 Street: 56 Surrey Drive Ma /Lot: 74/40 Zoning District R-4 Applicant: Joseph&Mary Keleher Request: Conversion of a single-family&Aelling to a two-family dwelling Date: 5-17-06 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting X 1 Frontage Complies X 3 Lot Area Complies X 3 Preexisting frontage X 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 X 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height X 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient i Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 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 X 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parking I X 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 X Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special Permit preexisting nonconformin Watershed Special Permit X Zoning Board Special Permit Required The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document tilled"Plan Review Narrative'shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. t � l Building Department Officia�Te� Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: Denial Reasons for Denial Foran Item Reference Br4 A Special Permit from Sections 4.122.14.c,4.122.14.1 & 10.3 of the Zoning Bylaw for the conversion of a single-family dwelling to a two-family dwelling, in the R-4 zoning district is required from the Zoning Board of Appeals. Remedv > A dimensional Variance from Sections 4.1..2.14.c i &4.122.14.c.7 for relief from the requirements for gross floor area and common wall percentage in order to convert a single-family dwelling to a two-family dwelling. Referred To: Fire Health Police X Zoning Board Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICANT/OWNER: MARY & JOSEPH KELEHER PROPERTY: 56 SURREY DRIVE (ASSESSOR MAP 74 LOT 40) MEMORANDUM IN SUPPORT OF APPLICANT'S REQUEST FOR VARIANCE I. INTRODUCTION Pursuant to Section 10.4 of the North Andover Zoning Bylaw(the "Bylaw"), Mary and Joseph Keleher, having been denied the issuance of a building permit by the Building Inspector, request that a variance or other zoning relief be granted to permit the construction of an addition to their existing one family residential dwelling and the conversion of such property to a two family residential dwelling. It is noted that in connection with this filing, the Applicant has also made a filing for a Special Permit in accordance with Sections 10.3 and 4.122.14 of the Bylaw, and that this filing for a variance is required because (1) the expansion area of the proposed addition will exceed 50%of the original building's gross floor area(as required pursuant to Section 4.122.14.c.1 of the Bylaw), and (2)the principal building will not share a connected common wall (or floor) for at least 75% of the wall (or floor's) surface (as required pursuant to Section 4.122.14.c.7 of the Bylaw). II. BACKGROUND Mary and Joseph Keleher(the"Petitioner" or"Applicant") are longtime residents of North Andover and are the owners of the premises located at 56 Surrey Drive in North Andover(the "Property"). The Petitioner acquired the Property by deed dated August 25, 1971 and recorded with the Essex North Registry of Deeds at Book 1178, Page 82. The Property is located in the Residence 4("R-4")Zoning District where the current use of the Property for a one family residential dwelling is permitted by right. Family suites are not permitted in the R-4 District, but the conversion of the Property for use as a two family residential dwelling is permitted by Special Permit. The Applicant desires to construct an in-law apartment on the Property in which the Applicant would live and to transfer ownership of the Property to their adult daughter and her husband. Because a Family Suite is not permitted in the R-4 District the Applicant intends to convert the Property to a two family residence in order that both the Applicant and their daughter's family could legally reside at the Property. The Applicant applied for a building permit to construct an addition to the Property and to convert the Property to a two family residential dwelling. The Building Inspector issued a denial of the building permit. As the basis for denial, the Building Inspector determined that a Special Permit is required pursuant to Section 4.122.14 of the Bylaw and that the proposal did not comply with the requirements of Sections 4.122.14.c.1 and 4.122.14.c.7 of the Bylaw and that a Variance for the size of the expansion area and failure to maintain a common wall with the original existing structure of the minimum required length was required to erect the structure as proposed. Section 4.122.14.c.1 of the Bylaw requires that the expansion area of the proposed addition may not exceed 50%of the original building's gross floor area up to a maximum of 1500 SF. Based upon the existing gross floor area of the existing structure as 1972 SF, the maximum buildout of the expansion area would be 986 SF. The proposed addition to the building would include an additional 1352 SF, of which 860 SF would be living space and 492 SF would be a two car garage to service both the existing single family residence and the proposed second unit. In addition, pursuant to Section 4.122.14.c.7 of the Bylaw the existing principal building and the newly converted second dwelling unit are required to share a connected common wall (or floor) for at least 75% of the wall (or floor's) surface and a structure which is a garage is not to be considered as meeting this requirement. The proposed addition would not meet this requirement. Rather, the existing structure would share approximately 16 feet of a wall that is 36 feet for a total of 44.44% of the wall. It is noted that this wall is part of a common wall and would be a portion of the garage structure. A copy of the Applicant's Deed is attached as Exhibit A. The Building Inspector's Denial is attached as Exhibit B. A Site Plan for the Property showing the proposed addition is attached as Exhibit C. The Architectural Design Plans for the proposed addition are attached as Exhibit D. III. BASIS FOR VARIANCE The Applicant's proposed variance meets all of the conditions for granting of a variance. The basis for the Petitioner's appeal is as follows. 1. There are circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in which the property is located. In particular, the following property conditions are noted: a. Shape of the existing home and placement of the foundation on the lot. Existing dwelling at left side-yard is at minimum setback,whereas right side-yard is not at setback but right side of existing building and foundation is smaller and offset. b. Existing property does not have a garage; location of existing driveway. 2. As a result of the circumstances described above which affect the Property but do not affect the zoning district in general, a literal enforcement of the two-family conversion requirements for the R-4 District of the Bylaw will involve substantial hardship, financial or otherwise, to the Applicant. For instance, other parcels in the district with existing garages for use by existing dwelling are not required to include garage space in expansion area for purposes of conversion calculations. Shape of existing foundation and home makes the ability to add the second unit, in this case, and to conform with zoning impractical if not impossible. 3. The relief sought will be desirable and without substantial detriment to the public good. The addition and conversion, while not technically conforming with the Bylaw as a two- family conversion,will be conforming in all respects if it were to remain as a single family residence. Property will maintain appearance as single family consistent with all other lots in the neighborhood. 4. Allowing the construction of the proposed addition and conversion to a two family use will not derogate from the intent or purpose of the Bylaw because it will allow development that is consistent with and in keeping with the development of other properties in the neighborhood. The use is a permitted use and the appearance will remain consistent with all other adjacent and nearby lots. Accordingly, for the reasons stated above, and others that will be presented at the hearing, the Petitioner respectfully requests the Zoning Board of Appeals to grant the requested variances, and allow the proposed addition for the Property to be constructed and use converted to a two family residence. Respectfully submitted, JOSEPH AND MARY KELEHER By their attorney, t Brian G. Vaughan, Esq. SMOLAK& VAUGHAN LLP 820 Turnpike Street, Suite 203 North Andover, Massachusetts 01845 (978) 327-5217 %OOT=d Za0:a6Pd :DI :wOjd Wd2b:60 9002-TT-AUW w rpm 4MMMULP n, vincent J. kdAlnnnp Truae*s under a Declaration or Trued ' J &V Reoltr Tr"t" retarded 10 the Porth Distjet of er Made in Hook 1149, Paso 692. r7 of north Andovtrr, Essex Co® Mauwdy�ycy ,I �iijKrYr:JdWJi+djrorc�+deaiivnQaidrandiatvltWv+dctati000f �i6,040.00 ,Y�7k' •, jpmy to -JoticPh c. ReiehOg arta MOa'y E Mleher. huxhnnd rnd Vi£# as Tenants by 6hA EntLeoby °! suxraY Drlvee said xartn AAGOvor whb tluiLd merrm�mtaa A aartain weal or land xit:h c40 "0911dinRa trtoreon locacad In NOTth Aj%doytrr. lsse: Cavnt:y 1�++eaaohuaet:ty.t bainq Lpt pe, h on,a asreaio pian entitled Ilan or 14nd In NOrt,D AftdOv!r .praM,rQA VIBCOnt J. Mr.41non, Seal* 1"u49lr January z 2.971 tsscz 3UtY6Y 9BryLCe, E ' Ino" 47 Fcderal Straat. Salem^ rOCOrded in ihn ID*rtA Diotriab of Eoeox ftftd Rtry of D-ada ac Plan No. 67n0. Subsaat to tanananta rlrhts scut 'V. LnUtOr a5 the sarnr are now Lr+'for** sed d reO ableions of rarnrd, {, N II19tAr.1l,r: ' i Heingatha aana p= iss eonv6ycd to "S k Y Realty T'riL9L� by decd or Suburbsp PrOporties, Ina., n tlaeaaehuyoejts 06 bion # r�th a n ett�l ply** or wmt-iaa in Andover. NnseaChmtt8, anted April R7 1971 an� Worded in the Mwth DUt.riet,of 12*ox Reriatey, &sox 11 4. Pagq 9R. t .,..,...;...i ..... ... is uu. :5f{u rr.'.. rpt '41Tl V�. Zl�- }ro,Swnt "1. .I 'Y +dears ppwldgranOoaaDrEaf.hb! a dhoma And umintutstllhftehL' 7 , �t4nM•--mY.,J..."I wd rar! Arfr ; ��yaA? � 71tA!Ctl�aewrltaerlte � . �, Um �oea1 AMutt a$, 7l ' Prr ly apperod the 49"nrmcd Vincent J. NeAlnnr TC Uoto � e sad 0&onkd8 rd the fore o as nroreaeld a B�8 WstmmeK 4a IM hi lrea acl sad dt<rl betate tna DMncnie J.Co keaords4 Ash+Pf.1971 at IBodptl d684II .�+.ra«aww«M N —.._........ . Ms ren 11, » 77 y i:. TOO/TOO ] YVJ tq:R IRT, 9002/TT/qn Zoning Bylaw Denial Town Of North Andover Building Department 1600 Osgood St. North Andover, MA.01845 Phone 978-688-9545 Fax 978-688-9542 Street: 56 Surrey Drive Ma /Lot: 74/40 Zoning District R-4 Applicant: Jose h&Mary Keleher Request: Conversion of a single-family d"elling to a two-family dwelling Date: 5-17-06 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting X 2 Frontage Complies X 3 Lot Area Complies X 3 Preexisting frontage X 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 X 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 1 Left Side Insufficient 3 Preexisting Height X 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient i Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting X 1 I Not in Watershed X 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 X 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 1 Pre-existing Parking X Remedy for the above is checked below. Item# Special Permits Plannina Board Item# Variance. Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit X Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Si n Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforminq Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Develo ment District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Densitv Special Permit Special Permit preexisting nonconforming Watershed Special Permit X Zoning Board Special Permit Required 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 ,he applicant nor shall such verbal explanations by the ,applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Budding Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. i Building Department Oficial Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: — Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: Denial Reasons for Denial Form Item Reference B;4 A Special Permit from Sections 4.122.14.c.4.122.14.1 & 10.3 of the Zoning Bylaw for the conversion of a single-family dwelling to a two-family dwelling in the R-4 zoning district is required from the Zoning Board of Appeals. Remedy A dimensional Variance from Sections 4.122.14.c 1 &4.122.14.c.7 for relief from the requirements for gross floor area and common wall percentage in order to convert a single-family dwelling to a two-family dwelling. Referred To: Fire I Health Police X Zoning Board Conservation Department of Public,Works Planning Historical Commission Other BUILDING DEPT OWNER AUTHORIZATION 56 Surrey Drive, North Andover, Massachusetts (Assessors Map 74, Lot 40) We, Mary Keleher and Joseph Keleher, the owners of 56 Surrey Drive, North Andover, Massachusetts (the "Property")being applicants for a Special Permit and for Variance concerning the proposed expansion and conversion of the Property to a two- family residence as filed with the Town of North Andover on or about May 11, 2006, do hereby authorize and appoint Brian G. Vaughan as our agent and our true and lawful attorney in fact, to sign and execute on our behalf, any and all applications and documents, and to take all necessary actions, including to appear on our behalf at any public hearings before the Board of Appeals with respect to the Property and concerning our applications for such Special Permit and Variance. Dated: June 2, 2006 OWNERS: Mary 1keleheY � Jt�ph Kd1eher June 3, 2006 Zoning Board Community Development Division 1600 Osgood Street North Andover MA 01845 To Whom It May Concern: We have seen and reviewed the building plans for Joseph and Mary Keleher, 56 Surrey Drive,North Andover and we approve of the construction. Jsep Finn Nancy E. Finn 48 Surrey Drive 48 Surrey Drive North Andover MA 01845 North Andover MA 01845 Town of North Andover June 6, 2006 Zoning Board of Appeals 1600 Osgood Street Building 20, Suite 2-32 North Andover, MA 01845 We have seen the plans for the reconstruction of 56 Surrey Drive to convert a one family dwelling into a two family dwelling. We have no objection to this reconstruction. Catherine and George Festa 51 Surrey Drive North Andover, MA 01845 &i LL -75 S v/�RE-y NU b0Lj tis i h /�-- a THE KELEHER RESIDENCE I f� 56 surrey Drive F—I Ne l✓/ f�o PD A t �. �/� �— L�? S ✓�� II I North /\ndover, M>a, 01845 PROPOSED SECOND UNIT WITHIN R4 ZONE C—xisting Structure—I,972 I.F. Max.[361dout—Q86 s.f. Proposed first Boor—450 s.f. Proposed second floor—410 s.f. Total 66ita6le area—860 s.f. I I cuPoLA 'e k i S tj2 I 2lx" --- - FRUM R n 00 NOR N a oQ o - . a - - THE KELEHER RESIDENCE 56 Surre4rive NOT4 AnJover, MA 01845 PR. I PROPOSED SECOND UNIT WITHIN R4 ZONE W z Qxisting Structure— I,Q72 s.f. w o m ¢ a Max. quilJout—q86 5.f. m X ° W w = proposed first floor—450 s.f. �" w proposed second floor—410 s.f. a V o c w Total kokitakle area —860 s.f. z 8 Q <m �s KA i ¢m m REVISIONS Q W u W i D O m d U I(-g �Z m �Q MIE, w Q FM 11 N � c - E�aµn z � :. v j Q a i � I 6 ® I SCALE: p i �oTEb DRAWN BY: 36.1 rePo�g 3 ♦� DATE: . I. 54 �. 0,v'oAToF.I- Y PR-2 y � w � o s x E C.:: z .191.ILI LD C.. REvisioNs �P 1 — r PLOSG( , n� v W 0 7 • I o w � _ z W_ T C:EI MT 2= 1 -a w CA I 61A�Gf I----/ 1 W `o II /Fo4 71rIoN6d Y -,r ar z L-L 3 d 96W ux d S n C WluvoW , �o U ( . 1-011 lone j1oµ� SCALE:�oT✓I� DRAWN BY:V6r DATE:G.to,o `_y/� .. _ __...._. SHEET: i I £h �T I . A I I r � 07 I Zm I L� I i ---__.___—y-- -.— Al t_- 4. t k I 6 D mQo I �I o z. I. o olf— i0i I p z i I I `f N O O N DRAWING TITLE CLIENT JOEL RM GAGNON W8.37a•e2e7 xm p a a.onnaow,al�o�s�ne�t m > > m THE KELEHER RESIDENCE :s ARCH ITEXTU RE w ! N P-11.j SeCOttd MOOT 56 Su-4 Drive C INTERIOR •EXTERIOR DESIGN N-4 Andover,MA 01845 N e Richmond street•Heve I,Il MA OleGO t i I i � I ! I o - - N, - — l; 1 a j i II i i 'L j IIS Ii I II i i i I ----- o � I o. S n DRAWING TITLE Ci LIENT JOEL RM GAGNON 918.31 15297 erchlloctural convultant r THE KELEHER RESIDENCE ` ARCHITEXTURE � r� jp P PT posed tevations m s� v m� 56 S-4 Drive z INTERIOR EXTERIOR DESIGN 4\ G 6 N-4 AI,J—r,MA 01845 N ,� B RlcM1montl Street.1-f-rhlll,MA 01830 - I.._._ PJ \3 4 A S O O n DRAWING TITLE CLIENT JOF-L RM GAGNON 9)8.374.629] archllaclurel consullont Pi m ^ (� * r THE KELEHER RESIDENCE m N ARCH ITEXTU RE �}, P INTERIOR •EXTERIOR DESION �+ propose elevations 56 Jffurrey Drive Q �ZT L1 l't�N N-I,AnAover,MA OIB45 Z {� N Q �y 8 Rlchmontl Slreel•Haverhill.MA 01830 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listina 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 opposlteon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding 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." Subject Property: MAP PARCEL Name Address 74 40 Joseph Keleher 56 Surrey Drive North Andover,MA 01845 Abutters Properties Map Parcel Name Address 74 4 Patrick Duffy t, 9 Surrey Drive North Andover,MA 01845�-O V6 74 8 Yuri Smychkovich L,4W Chadwick Street North Andover,MA 01845 74 9 Marilyn Doyle 046 Chadwick Street North Andover,MA 01845 74 10 Mary Foley LAM Chadwick Street North Andover,MA 01845 74 14 Gloria Brady v.19 Chadwick Street North Andover,MA 01845 74 23 Knights of Columbus Assoc. 1,505 Sutton Street North Andover,MA 01845 74 26 Bartholomew Galvin L2-6-Surrey Drive North Andover,MA 01845 74 27 Stephen Wakelin /113-Surrey Drive North Andover,MA 01845 74 28 David Smola Surre Drive North orth Andover MA 01 Y 845 74 29 GreggGilligan �S urre Drive North Andover,MA 01845 74 30 Armando Vera L8TSurrey Drive North Andover,MA 01845 74 32 Delroy Smith L;A Marian Drive North Andover,MA 01845 74 33 Jeff MelvilleSurrey Drive North Andover,MA 01845 74 34 Cynthia Robinson L1921'-Surrey Drive North Andover,MA 01845 74 35 Hagen Lwowski ( 1134 Chadwick Street North Andover,MA 01845 74 36 Sadie Walsh L O Sutton Place North Andover,MA 01845 74 37-0001 Andrew Lennette [y24 Chadwick Street North Andover,MA 01845 74 37-0002 Jean Clarkin V t'+U/Vj�_942 Chadwick Street North Andover,MA 0184561_7_1% 74 38-0001 Wayne Richards 1,114 Chadwick Street North Andover,MA 01845 74 38-0002 Sheila DiBlasi 4-"6 Chadwick Street North Andover,MA 01845 74 39 Joseph Finn - Surrey Drive North Andover,MA 01845 74 44 Shaban Magdy ✓c1tlovWw 39 Royal Crest Drive#2 North Andover,MA 01845 74 47 John Lampron &,&5 Surrey Drive North Andover,MA 01845 74 48 George Festa L-61'Surrey Drive North Andover,MA 01845 74 49 Theresa To 11 4_ 50'Chadwick Street North Andover,MA 01845 74 50-OOOO.A Richard Curtain ✓�diuMV89 Surrey Drive North Andover,MA 01845 6-19-� 74 50-OOOO.B Janet Puglisi 9�Surrey Drive North Andover,MA 01845 Date 5/4/2006 Page 1 0/ t This certifies that the names appearing on the records of the Assessors Office as of Certified by: Date o 6 THE KELEHER RESIDENCE 56 Surrey Drive Nortk Andover, MA 01845 PROPOSED SECOND UNIT WITHIN R4 ZONE W z • Qxisting structure— 1,972 1-f. w o < Max. -Buildout—986 s.f. m X E » w t Proposed first floor—450 s.f. h— w Proposed second floor—410 s.f. = V 9 Total Likitakle area—860 s.f. Z° Q o„ z ` am m � m Om RMSIONS U -� Z J W a m 0 m 1 1- 6-57 i ___Re..'o.F' ixtE.- W - 'f7I22=v _ 3 W b u Cn73 J 'o_Q { Z 77T T Lu 11H - LLII LLLL 1J LLII yEroNn.F�. I 3 �l �i ag Off� lin - i Frm Q SCALE:uoTEt� DRAWN BY: ,'TGA i. I IL DATE: 5.24.01} .. F i L SHEEP' (OF4f ��� III --- I1srl � P�t'Efc2� r di h le G, IA I I! I 14 9. O ' --A. I e-g N 3 o�( E� LE O I I E �, IIS �� � ( • �. LLf fA�• mai � „ � � -� L I 9 Imo; o o s l (I3a.I k I I. ! ! I •J -- ' 'r- . .7 I Q I I 0 __ ! IFS Ip�p11.. 31v1'0o I N p p y DRAWING TITLE CLIENT m `I A JOEL RM GAGNON 978.374.8287 m M erchllact-al consultant — N m T THE KELEHER RESIDENCE I� 9 ARCHITEXTUR I-�rOPosr1G�irsE pl0or 56 Jrre 1uy Drive z � INTERIOR •EXTERIOR DESIGN Notkl.�nAwer.MA 01845 N _C"' 8 Richmond 8trael•Hava•hlll•MA 01830 r w t r I i S? L�X RRRRa��s�N o CE n a D Z Nil r-- i O la^Otr.. 3Co-D' (pvvl TrarJ� = y Q DRAWING TITLE _ CLIENT JOEL RM GAGNON 978.374.8297 M architectural conayltant = �_ N TTHE KELEHER RESIDENCE 5 /A u o� I� rr rrey ` ARCHITEXTURE -.-,A Proposed First}—loor 56 SU-4 Drive 0 ` INTERIOR •E%TERIOR OE81GN QN-+6 Andover,MA 01845 N 8 Richmond Street Have rhlll,MA 01830 I I I _ —7- 7 I, r� I � I � I e i I � I :R\ I�F Z6 � o sl I' -� 6OT — - - - - - - NVIM V S� x kle 1— ��I Z¢—oo i So p DRAWING TITLE CLIENT J EureL RM GAGNON 978-374-6297. --_ M y erchltecll conevltenl it Rt ro THE KELEHER RESIDENCE n ARCH ITEXTU RE ProLn pose SeCon I l PIOor _ 56 Surrey Dave Z `� INTERIOR •E %TERIOR DESIGN y N-+k Anl—,MA 01845 8 Richmond Street•Haverhill,MA 01830 1 \.. I mxl 7: fill -7-I `, iv; I I C I.i :; � ► L � ; iII � o - I i1 II l I ; II - I I -- l ... ........... I DRAWING TrrLE CLIENT JOEL RM GAGNON 978.374.8287 N Q O N archltacturll consultant TV m M _ �r THE KELEHER RESIDENCE mAN ARCH ITEXTU RE 0 p`n PrOPpseal elevations 56 Surrey D—e INTERIOR •EXTERIOR DESIGN n NorE6 {n�w1r.MA o18u5 fn � �� B Rlchmonl$11911 111111hlll,MA 011311 ZONE: RESIDENTIAL 4 APPROVED BY THE TOWN REQUIRED APPLICANTS LOT OF NORTH ANDOVER ZONING BOARD OF APPEALS LOT AREA 12,500 S.F. 14,714 S.F. DATE MAX. HEIGHT 35 FT 24.5 FT STREET FRONTAGE 100 FT 100 FT FRONT SETBACK 30 FT 40 FT SIDE SETBACK 15 FT 15 FT DATE OF APPLICATION REAR SETBACK DATE 30 FT 43.9 FT REQUIRED PARKING DATE OF HEARING 4 4 DATE DATE OF DECISION DATE FOR REGISTRY USE ONLY HAGEN & SANDRA LWOWSKI 124.82' 7-7 -- — 1 I LOT 22 43.9' r J 14,714± SF I PROPOSED 1 ROOF PEAK TO GROUND = 24.5 FT LO SITE h � k 156 28.0 . � 12, t o; PROPOSED ADDITION s — J0 co -- -- -- — 15.0' co LOCUS 29.5 15.6' JOSEPH & N NANCY FINN EXISTING NO DWELLING N #56 16.1' 1 24.0' 79.0, 34.2' ) O F- - -f —NI O lO of I I CYNTHIA I I I I o LORENTZ 40.0' I I 10' I I I i I I 100.00' SURREY DRIVE NOTES: 1 . REFERENCE: BOOK 1178 PAGE 82 N.E.R.D. PLAN #6380 2. ZONING DISTRICT: R4 PLOT PLAN OF LAND "I HEREBY CERTIFY THAT THE PROPERTY LINES #56 SURREY DRIVE SHOWN ON THIS PLAN ARE THE LINES DIVIDING NORTH ANDOVER, MA EXISTING OWNERSHIPS, AND THE LINES OF THE N OF MqS STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC saw SCALE: 1 in. = 20 ft. OR PRIVATE STREETS OR WAYS ALREADY JOHN tial DATE: FEBRUARY 9, 2006 ESTABLISHED, AND THAT NO NEW LINES FORMcQUILKMI, JR. N REV'D: MAY 10, 2006 DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN AND THIS PLAN CONFORMS TO THEand 9 No. 36120 �o PREPAREDryFOR: RULES AND REGULATIONS OF THE REGISTRY OF DEEDS" `�ssoNq� LpNOSOQ�� Joseph 56 Surreys Driveleher J North Andover, MA al 04-', T- Ia- 0 (a J HN F. McQUILKIN JR. DATE PREPARED BY: JM Associates 20 0 10 20 40 80 325 Main Street North Reeding, MA 01864 978-664-6668 IN FM I inch - 20 & JOB# 496-250 I PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B.*Plan Specifications: Application for a Variance must be supported by a 1) Size of plan: Ten (10 ) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Variance m One(1)Mylar. from the requirements of MGLA ch. 40A, Sec. 10.4 and IM Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. All points,A-F,are required to be Mylar. addressed with this application. *10 C. *Features To Be Indicated On Plan: A. The particular use proposed for the land or [) Site Orientation shall include: structure. 1. north point B. The circumstances relating to soil conditions,shape 2. zoning district(s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if applicable) sought which do not affect generally the zoning 5. abutters of property,within 300' radius district in which the property is located. 6. locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50'from applicants proposed structure financial or otherwise,which results from literal 7. deed restrictions, easements. enforcement of the.applicable zoning restrictions Ii)Legend&Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Fads relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. 5. Title of Plan E. Facts relied upon to support a finding that relief 6. Names addresses and phone numbers of the sought may be given without nullifying or applicant, owner or record, and designer of substantially derogating from the intent or purpose surveyor. of the Ordinance. F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds, and garages, application. shall require only the plan information as indicated with an.asterisk(h. In some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans 11. APPLICATION FILING FEES must be submitted with this application to the Town 11.A. Notification fees:Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: "Town of North Andover- prior to the public hearing before the Zoning Board of #022-1760-4841"for the cost of first class, certified, appeals. return receipt($4.42 as of November 2003)x#of all parties in interest identified in MGLA ch. 40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also,the Architect may be required when the application applicant shall supply first class postage stamps involves new construction/conversion/and/or a (currently 37¢)x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. 10. A. Major Projects 11.8. Mailing labels: Applicant shall provide four(4) -'Major projects are those, which involve one of the sets of mailing labels no larger than 1"x2-5/8" (3 copies following whether existing or proposed: for the Legal, and one copy for the Decision mailing). j t) five (5) or more parking spaces, 11.C. See 2005 Revised Fee Schedule. I [I)three (3)or more dwelling units, I III)2,000 square feet of building area. t, A Variance once granted by the ZBA will lapse in Major Projects shall require, that in addition to the 10B 8 1 (one)year if not exercised and a new petition mus 10C features, that the plans show detailed utilities, soils, be submitted. and topographic information. N°FT" " Zoning Bylaw Denial Town Of North Andover Building Department 1600 Osgood St. North Andover, MA.01845 Phone 978-688-9545 Fax 978-688-9542 Street: 56 Surrey Drive Ma /Lot: 74/40 Zoning District R-4 Applicant: Joseph&Mary Keleher Request: Conversion of a single-family dwelling to a two-family dwelling Date: 5-17-06 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting X 2 Frontage Complies X 3 Lot Area Complies X 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B I Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 4 Use Preexisting2 Complies Sp ecial Permit Required X 3 PreexistingCBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexistin Hei ht X 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient i Building Coverage 6 Preexisting setback(s) 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 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 Parkin Required 2 Not in district X 2 Parking Complies 3 Insufficient Information 3 Insufficient Information 4 Pre-existing Parkin X 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 X Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit Special Permit preexisting nonconforming Watershed Special Permit X Zoning Board Special Permit Required The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. Building Department Offidial Signature Application Received Application Denied ODenial Sent: if Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: Denial Reasons for Denial Form Item Reference Bio A Special Permit from Sections 4.1 2_.14.c 4. p 4.122.14.1 & 10.3 of the Zoning Bylaw for the conversion of a single-family dwelling to a two-family dwelling in the R-4 zoning district is required from the Zoning Board of Appeals. Remedy A dimensional Variance from Sections 4.122.14.c 1 &4.122.14.c.7 for relief from the requirements for gross floor area and common wall percentage in order to convert a single-family dwelling to a two-family dwelling. Referred To: Fire Health Police X Zoning Board Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICANT/OWNER: MARY &JOSEPH KELEHER PROPERTY: 56 SURREY DRIVE (ASSESSOR MAP 74 LOT 40) MEMORANDUM IN SUPPORT OF REQUEST FOR SPECIAL PERMIT i I. INTRODUCTION Pursuant to Section 10.3 of the North Andover Zoning Bylaw(the "Bylaw"), Mary and Joseph Keleher, having been denied the issuance of a building permit by the Building Inspector, request that a Special Permit or other zoning relief be granted to permit the construction of an addition to their existing one family residential dwelling and the conversion of such property to a two family residential dwelling. It is noted that in connection with this filing, the Applicant has also made a filing for a Variance in accordance with Sections 10.4 and 4.122.14 of the Bylaw. II. BACKGROUND Mary and Joseph Keleher(the "Petitioner" or"Applicant") are longtime residents of North Andover and are the owners of the premises located at 56 Surrey Drive in North Andover(the "Property"). The Petitioner acquired the Property by deed dated August 25, 1971 and recorded with the Essex North Registry of Deeds at Book 1178, Page 82. The Property is located in the Residence 4 ("R-4") Zoning District where the current use of the Property for a one family residential dwelling is permitted by right. Family suites are not permitted in the R-4 District,but the conversion of the Property for use as a two family residential dwelling is permitted by Special Permit. The Applicant desires to construct an in-law apartment on the Property in which the Applicant would live and to transfer ownership of the Property to their adult daughter and her husband. Because a Family Suite is not permitted in the R-4 District the Applicant intends to convert the Property to a two family residence in order that both the Applicant and their daughter's family could legally reside at the Property. The Applicant applied for a building permit to construct an addition to the Property and to convert the Property to a two family residential dwelling. The Building Inspector issued a denial of the building permit. As the basis for denial, the Building Inspector determined that a Special Permit is required pursuant to Section 4.122.14 of the Bylaw and that a Variance is required since the proposed expansion does not comply with the requirements of Sections 4.122.14.c.1 and 4.122.14.c.7 of the Bylaw, as further described in the Applicant's related variance application. A copy of the Applicant's Deed is attached as Exhibit A. The Building Inspector's Denial is attached as Exhibit B. A Site Plan for the Property showing the proposed addition is attached as Exhibit C. The Architectural Design Plans for the proposed addition are attached as Exhibit D. III. BASIS OF CONDITIONS FOR APPROVAL OF SPECIAL PERMIT The Applicant's proposed Special Permit satisfies all of the conditions for granting of a special permit. The basis for the Petitioner's appeal is as follows. 1. The particular use proposed for the land or structure: The Applicant proposes to construct an addition to include additional living space and a garage, and to convert the Property from single family residential to a two family residential use. The Property is an appropriate location for such use and structure as it is allowed by special permit, is consistent with other properties in the neighborhood, and the proposed additions to the structure would be permitted by right if not to include a two-family conversion. 2. The specific site is an appropriate location for such use, structure or condition: The proposed addition complies in all regards with the criteria for a special permit with the exception of the size of the expansion area and the 75% common wall requirement. However, if not for the addition of the garage the expansion area would comply. Also, the addition is appropriate to be added to the west side of the property because of the existing location of the driveway and because the east side of the property is at the current setback limit. Though the common wall requirement is not met, as designed it best maintains the appearance of a single family property with a common entranceway. 3. There will be no nuisance or serious hazard to vehicles or pedestrians: The property meets all setbacks and is adequately remote to vehicles and pedestrians. 4. Adequate facilities will be provided for the proper operation of the proposed use: All utilities and services exist at property as it is currently an existing single family home serviced by town water and sewer. 5. The use is in harmony with the purpose and intent of the zoning bylaw: The proposed addition is consistent with and in keeping with the development of other properties in the neighborhood. The use is a permitted use and the appearance will remain consistent with all other adjacent and nearby lots. The Applicant is not seeking any dimensional relief and could construct the proposed addition by right for a single family use. The impact of the second family will be minimal as it is intended for a family suite to be occupied by grandparents. Notwithstanding which, the two family use is consistent with other properties in the neighborhood. 6. Specific reference and response to the criteria required by the particular special permit for which this application is made: Because the property is located in the R-4 district, the Applicant is unable to construct a family suite and must resort to application for a special permit to construct a two-family dwelling. The application complies with all criteria for a two family conversion as set forth in Section 4.122.14 of the Bylaw except as described in Section 2 above. Accordingly, for the reasons stated above, and others that will be presented at the hearing, the Petitioner respectfully requests the Zoning Board of Appeals to grant the requested special permit, and allow the proposed addition for the Property to be constructed and use converted to a two family residence. Respectfully submitted, JOSEPH AND MARY KELEHER By their attorney, Brian G. Vaugha , Esq. SMOLAK& VAUGHAN LLP 820 Turnpike Street, Suite 203 North Andover, Massachusetts 01845 (978)327-5217 i00Z=J I00:a6pd :GI :tuoid Wd2b:60 9002-TT-AUW s4wl�Arra»■vnmw.w.® ,..�, . a»oMovALi OF , �. Vincent J. heAlnnn, Trusts. wdor o neeiorablon or Tru3t entlelea efJtlo*deEinlBookr11S9,rPesrdSedsin the North District of'Eaeox P�riatry III �'• of North Andover, Essex �q.Masatlwxtp, i {' 1 i+�Yr76rWfviNdf For sme:dewiivn plid,+ed is Futt eoro+dca<tioD of �. $36.040,00 cyto JoyePe C. Xe3ehOX and Maty,E xeleher, husband And vi£* os TCnanta by khw EnEleoty n �i `f sw •oy nclve' said Nortb AMMor -M AulOtlmm natefmttts � �'iv.. t. fe....yA.....1...s...t...ew It aR7 A aertaln roreol of land xicn L4e bUlL,Qinxg the reon loentaQ In Nol-ch Anduor, 7.aae2 County xAeLAahu9etbg, boinq LOO 1:r n oh,a oortaio plan -ntitl*d 'Man of Land in No.Gt2�f AI►dorer, pra0. shiQR for . V=Ont d. Mr.41nnn, Seal* 1"-fol, January 21 1971, �oaez SUrVBY SQryLCe, ' fNF � Ino., 167 Federal Street, ULM" rOCDrded in �hn IDrsrth 113Strict of E»ox ?' .. R*giRtry of D•eda an Pian No. 6)N. Subioot to Cas*ment s'- a, r1r,Ats anU reatriCtioru et 1a89rQr ea the samA ' aro , nw r !n forty ens a lleeble R rieTHAf rr:. ' Beinn•thn sage pr�iiee *eeYd d to "J k Y a `' yo Acalty Trust <,.. by dead or l P1660 Prdperties, Lnc„ A fleasaahu"Itu o* C` With n n naZ pleas or bunLn*� in Andovor. Mo33aChyyetU,an ed April, �. 97 1971 an rodorded in the Horthi Distrlae•af j"ex Roti* t '11�Q Pa 6 •Aso . . k 4 ` ;•' c: VQF ff. �.�,.�' ray.e`•w.� _ herbond to-w natoa•Uslat rd �a dhomn +the +JdaR[�ielt[ftf,Ylher� t: .. gt*MI.-..my,J-4 rod red +6ib,,,�.aSo dal Ol6 F Fpr Visa*n E sliq l9sewrhuarltq � , T Aw1ubO a,, 197i Rbcs r'nee'a1'•ppwod the As-oomcd YLne@at J. NeAlnon T>`uata � t+; , e •e efor*oaid st ••d odo*wkdged dw iomgoing Gsunmrnr to he 111 lrmact ead fK+l bsfaee ma Domenic J. keabrdod Aus+45,1971 at 12adyn gm Jft W4aw-,4. MSTCh 11, a �7 7. r t , Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover 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 direc0y oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding 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." Subject Property. MAP PARCEL Name Address 74 40 Joseph Keleher 56 Surrey Drive North Andover,MA 01845 Abutters Properties Man Parcel Name Address 74 4 Patrick Duffy 59 Surrey Drive North Andover,MA 01845 74 8 Yuri Smychkovich 133 Chadwick Street North Andover,MA 01845 74 9 Marilyn Doyle 145 Chadwick Street North Andover,MA 01845 74 10 Mary Foley 153 Chadwick Street North Andover,MA 01845 74 14 Gloria Brady 119 Chadwick Street North Andover,MA 01845 74 23 Knights of Columbus Assoc. 505 Sutton Street North Andover,MA 01845 74 26 Bartholomew Galvin 25 Surrey Drive North Andover,MA 01845 74 27 Stephen Wakelin 43 Surrey Drive North Andover,MA 01845 74 28 David Smolag 67 Surrey Drive North Andover,MA 01845 74 29 Gregg Gilligan 75 Surrey Drive North Andover,MA 01845 74 30 Armando Vera 83 Surrey Drive North Andover,MA 01845 74 32 Delroy Smith 79 Marian Drive North Andover,MA 01845 74 33 Jeff Melville 92 Surrey Drive North Andover,MA 01845 74 34 Cynthia Robinson 68 Surrey Drive North Andover,MA 01845 74 35 Hagen Lwowski 134 Chadwick Street North Andover,MA 01845 74 36 Sadie Walsh 63 Sutton Place North Andover,MA 01845 74 37-0001 Andrew Lennette 124 Chadwick Street North Andover,MA 01845 74 37-0002 Jean Clarkin 122 Chadwick Street North Andover,MA 01845 74 38-0001 Wayne Richards 114 Chadwick Street North Andover,MA 01845 74 38-0002 Sheila DiBlasi 116 Chadwick Street North Andover,MA 01845 74 39 Joseph Finn 48 Surrey Drive North Andover,MA 01845 74 44 Shaban Magdy 39 Royal Crest Drive#2 North Andover,MA 01845 74 47 John Lampron 35 Surrey Drive North Andover,MA 01845 74 48 George Festa 51 Surrey Drive North Andover,MA 01845 74 49 Theresa To 150 Chadwick Street North Andover,MA 01845 74 50-OOOO.A Richard Curtain 89 Surrey Drive North Andover,MA 01845 74 50-OOOO.B Janet Puglisi 91 Surrey Drive North Andover,MA 01845 Date 5/4/2006 Page 1 or 1 This certifies that the names appearing on the records of the Assessors Office as of Certified by: _,Date o 6 THE KELEHER RESIDENCE 56 surrey Drive NoT+_k Andover, MA 01845 PROPOSED SECOND UNIT WITHiM R4 ZONE W z Qxisting structure— I,Q72 s.f. D f— Max. -Buildout—Q86 s.f. x ° s Lu w t proposed first floor—450 s.i'. F- w zm = x° proposed second floor—410 s.f. = V 0 zic m L✓ w Total I,akitakle area—860 s.f. Q <m e E 0 �I I m REVISIONS " w J w 0 FA .>Q 1 WQz 3 w V W(,nJ O Q s w " _ Y i` wB91 EM z rI n n L1 I - _ S w Lu - - - LL -- a SCALE•• _ NojEt� . .. i I _ '�— DRAWN BY: 3 Cq DATE: 5.24.04 H I I �� I11 —r._ - — 6Xf il��t t'IoIN.}taus. I Eiji i 1lr► �KEfc2Ekbo`( - I �j l 01 At��P:,)_- T _-- ;;1%�✓Arlo �L'LoiTioi :rz��oys�-►opt- _ . 1. W z w F- a X2 _ u, .+GIC Q z o w 1 #'x Z! o. -P vW - a¢ REVISIONS I ` i � I I I z 'oU / Z _ m t cflHsU. � I / \ a w 4 II .. I (vNcd nlrinNEd I \ W N Noj INol+n�l��' x 11 IZ`XIV° / 1 \ II PN i —.--1 I• _. _T t U _--- Z LL uW W 01 :o Q WludoW I -o d( COvrnTioµ7 SCALM Fsd�a HG DRAvv.N er.01or DATE: �.Za.O�• " SHEET: ZGF� - . lo— e I I r� I . I I -o I I i I �I I I - I I s c � 7- , I ISI Vl> �I I: IN,I �- — - - - - - - - --I I I - Z4-9 I U1 p O N DRAWING TITLE CLIENT JOEL RM GAGNON 978-374-6297. etChlleClu•el Coneulten{ i --. m � m THE KELEHER RESIDENCE A N ARCH(TEXTURE T 1Lo N P7opos t SeconA rlovr _ _ 56 Su7•rey Drive 0 INTERIOR •EXTERIOR DESIGN '14 � N�4 Anao�-,MA 01845 � IS `+ 0 Richmond Street H--Ill.MA 01830 't j ! 0 o ! ! � NI i oI i - 1 DRAWING TITLE CLIENT JOEL RM OAGNON 978.374.8287 ! = O O archuactu.at consultant 71, m �. r THE KELEHER RESIDENCE A ARCH ITEXTU RE O •� �`�, PT po..J =!evasions 56 SOt 4 Drive Q INTERIOR EXTERIOR DESIGN u 6 m S � �� NoAti Andover,MA 01845 ai 8 Rlchmono Street Havarhlll.MA OIB30 THE KELEHER RESIDENCE 56 S Nor,4-AAnJover, urre4Drive MPROPOSED SECONDUNIT 1'R. WITHIN R4 ZONE !�;xisbng Structure— 1,972 w Z Max. T�n u"dout—Q86 Pro ose r ° P d fir f 1oor—450 Proposed second PLL' w Total ha6ii"We area —86o s.f. - Fo o z= C o m w a Z.w Q F h z c a- °m c 7 O IREVISIONS I w/ANT i:s�u� W U N I w ro =.-Ire orpeejgr -... o c e` 3 - W ' I - --- S o 1 y i Q Q FT ] n� s e i O 8 SCALE:p T DRAWN DATE I. ------------------- G SHEET: qbl_OII I, DbI.rlOh!> T � w i i I JJ i I I r OI I I i r ' I . i I > k L E L 4 - nz C KRN _ I j 7- J - i � I J,J 4 I i ; Q • I i �p ODI TION _ i I II I I I I I' i I N m Q > DEWING TITLE CLIENT K T JOEL RM GAGNON 0 r THE KELEHER nna�w,e,°oOsuilant 970.374.629] �{ N Proposed Pi,.t} loon L RESIDENCE156 m 4� n' SyD,�e 5 ��� ARCHITEX I�J 4 AndoVeT.MA 01845 z � INTERIOR E%TERIOR �R[ e Rlch—o d St,..t•Haverhill•M _ A 01830 I PR-3 w z �✓ 7 O Z) W O s a - - --- -- ---- - ------ ---i LU E I m x I - V � Q m oc m z o Q ~ am I I 1 REVISIONS I cN Z s - ----- •- X�V - 0 O I � Q — -- 6iN• TSH -Q Z � T. s ILI w j •o Q o ISW z _o u ---t -- -- r �P � o - I ------ _. z m h 4401 PalI eves�IPhiq I 0 ........ --- - _ Ial I. 2qi on �S oL, SCALE:w D'I'r5LJ ! __..___.��.- I .:-. ,• —___ 7_-7__.-..__. DRAWN BY:Sc5T DATE: SHEET: SP to zo l j I I i I s I ' o i i41 I fill I _ I � j Z i `I� I j II Ij�l i L i � I NI o IIt Li 1_ is I — — — — I R. 17, II � Ii - II I I x s � ; r F [ r I o G n DRAWING TITLE CLIENT JOEL RM GA NON 978.374.8297 i arch►`raI fn THE KELEHER RESIDENCE ARCHITEXTUREto mi, pi Proposed elevations s6 Surrey D]ive ` INTERIOR •EXTERIOR DESIGN G m ,� 6 I VoTk�,Andover, MA 01845 N B Rlchmontl S[reat HaverM1lll,MA 01830 li 1 ` IN v --R 4 r - DRAWING TITLE CLIENT JOEL RM GAGNON 970.374.9297 N etch►\81 ARCH ITEXTU RE r�1� THE KELEHER RESIDENCE �. �- N Lq Pmposec)LlevaEions 56 Surrey Drive 0 % INTERIOR •EXTERIOR DESIGN N-4 Ana-a,,MA 01845 N -�S it a RlChmond Street•Haverhlll.MA 01830 I i ZONE: RESIDENTIAL 4 APPROVED BY THE TOWN REQUIRED APPLICANTS LOT OF NORTH ANDOVER ZONING BOARD OF APPEALS LOT AREA 12,500 S.F. 14,714 S.F. DATE MAX. HEIGHT 35 FT 24.5 FT STREET FRONTAGE 100 FT 100 FT FRONT SETBACK 30 FT 40 FT SIDE SETBACK 15 FT 15 FT DATE OF APPLICATION REAR SETBACK 30 FT 43.9 FT DATE REQUIRED PARKING DATE OF HEARING 4 4 DATE DATE OF DECISION DATE FOR REGISTRY USE ONLY HAGEN & SANDRA LWOWSKI 124.82' I77,.- 1000 s -1 LOT 22 43.9' r 14,714± SF I PROPOSED ROOF PEAK TO #Foy , I _ GROUND = 24.5 FT Ln SITE -J 28.0' 15.6' 15.6' 12' k' PROPOSED ADDITION _ 1 � � J r q �- - - - ---- - 15.0' co LOCUS 29.5' 15.6' JOSEPH & N A NANCY FINN EXISTING 1 `�° DWELLING _ 16.1' 24.0' 90' N 1 34.2' — � I I F- 1 Q 102 1 �I 1 CYNTHIA 1 0 LORENTZ 1 I I 1 40.0' 1 10' 1 I 1 I 1 1 I 100.00' SURREY DRIVE NOTES: 1 . REFERENCE: BOOK 1178 PAGE 82 N.E.R.D. PLAN #6380 2. ZONING DISTRICT: R4 PLOT PLAN OF LAND "I HEREBY CERTIFY THAT THE PROPERTY LINES #56 SURREY DRIVE SHOWN ON THIS PLAN ARE THE LINES DIVIDING NORTH ANDOVER, MA EXISTING OWNERSHIPS, AND THE LINES OF THE N OF MqS STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC s9c SCALE: 1 in. = 20 ft. OR PRIVATE STREETS OR WAYS ALREADY JOHN yG� DATE: FEBRUARY 9, 2006 ESTABLISHED, AND THAT NO NEW LINES FORMcpUIIKMI, JR. N REV'D: MAY 10, 2006 DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN AND THIS PLAN CONFORMS TO THE 90� No. 36120 �o PREPAREDMaryFOR: RULES AND REGULATIONS OF THE REGISTRY OF DEEDS" F`�`�%NAL iANOSJQ Joseph Surrey Drive leher / North Andover, MA J HN F. McQUILKIN JR. DATE PREPARED BY: JM Associates 20 0 10 20 40 eo 325 Main Street North Reading, MA 01864 978-664-6668 � INFEICT ) I inch — 20 & j03# 496-250 PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Special Permit must be supported by a I) Size of plan: Ten (10) paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Special In One(1) Mylar. Permit from the requirements of MGLA ch. 40A, and the III) Plan prepared by a Registered Professional North Andover Zoning By-laws,all dimensional Engineer and/dr-Land Surveyor,with a block for requirements shall be clearly identified and factually five(5) ZBA signatures and date indicated on the supported. All points, 1-6, are required to be Mylar. addressed with this application. *10 C. *Features To Be Included On Plan: f) Site Orientation shall include: 1.The particular use proposed for the land or structure. 1. north point 2. The specific site is an appropriate location for such 2. zoning district(s) use, structure or condition. 3. names of streets 3. There will be no nuisance or serious hazard to 4. wetlands(if applicable) vehicles or pedestrians. 5. abutters of property,within 300• radius 4.Adequate and appropriate facilities will be provided 6. locations of buildings on adjacent properties for the proper operation of the proposed use. within 50'from applicants proposed structure 5. The use is in harmony with the purpose and intent of t 7. deed restrictions, easements. Zoning Bylaw. M Legend&Graphic Aids: G. Specific reference and response to the criteria 1. Proposed features in solid lines & outlined in led required by the particular Special Permit for which 2. Existing features to be removed in dashed lines this application is made (i.e.the Earth Removal 3. Graphic Scales Special Permit has unique criteria and submittal 4. Date of Plan requirements.). 5. Title of Plan 6. Names addresses and phone numbers of the 10, PLAN OF LAND applicant, owner or record. and designer or Each application to the Zoning Board of Appeals shall surveyor. he accompanied by the following described plan., Plans must be submitted with this application to the Town 10 D. Minor-Projects Clerks Office and ZBA secretary at least thirty(30) days Minor projects, such as decks, sheds,and garages, prior to the public hearing before the Zoning Board of shall require only the plan information as indicated with appeals. an. asterisks(`). In some cases further information may be required A set of building elevation plans by a Registered Architect may be required when the application 11. APPLICATION FILING FEES involves new construction/a conversion/and/or a A. Notification fees: Applicant shall provide a proposed change in use. check or money order to: "Town of North Andover- #022-1760-4841"for the cost of first class, certified. 10 A. Major Projects return receipt($4.42 as of November 2003) x#of all Major projects are those which involve one of the parties in interest identified in MGLA ch. 40A 511 on the `ollowing whether existing or proposed: abutter's list for the legal notice check. Also, the i) fide or more parking spaces, applicant shall supply first class postage stamps tt) three (3) or more dwelling units. (currently 37c) x the#of parties of interest on the U11) 2000 square feet of building area. abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) '.Major Projects shall require that in addition to the above sets of mailing labels no larger than 1"x2-5/8" (3 copies 4.atures, pians must show detailed utilities, soils, and for the Legal mailing and one copy for the Decision �u(�iiytcipi�iC irtforn�alion. mailing). C. See 2005 Revised Fee Schedule. 4444 A Special Permit once granted by the ZBA will lapse in 2 (two) years if not exercised and a new petition must be submitted, FE-FF SEE PLAT NO.3D �.. 0c 00 6 o NUE 5 O OSGOOD . a _ w 1 y wlr. un'r 1w.v . UW .' ..> STRF�\ 2 / 3 15 0.44ac 0.52ac 3 °! 0. 1.08ac 53 S2 26 13 � 291a0 1 N 29 30 31 m 12 2 28 9 50 oro z9, 32 _a* 23 4 '9, r D "�' 'a /zs05 'i 11 Z n �RIVE a> 3 a z 22 6 48 3 ar a usso3 w s +OSS z/ co a 0 27 40 N i p 24 a' a* "+ 25 056 46 26 47 39 25 we ,. 1. �j 8 17 16 18 25 37 14 Met IaLw 20.2,53 � >•" ,a..r 20.650 ��ZS 20,775 203 ' COLGATE DRIVE SURREY 51 41 - a r 44 38 14 19 20 21 12 500 12 500 45 25.00 21.29520665 20,735 20955 42 2y a5 v 6 2 015 MOODY ST. � PROSPECT ST.. ' �T_ rC�/ c- REQUIRED APPLICANTS LOT OF NORTH ANDOVER ZO BO Q F APPEALS �, . LOT AREA V 12,500 S.F. 14,714 S.F. MAX. HEIGHT 35 FT 24.5 FT STREET FRONTAGE 100 FT 100 FT FRONT SETBACK :�,•�.� •�^4�t; 30 FT 40 FT SIDE SETBACK 15 FT 15 FT REAR SETBACK DATE OF APPLICATION (f- Ob 30 FT 43.9 FT DATE REQUIRED PARKING DATE OF HEARING 4 4 DATE DATE Of DECISION -13-Db DATE FOR REGISTRY USE ONLY HAGEN & ; SANDRA LWOWSKI 124.82' i rJy} f.3, r -fir, Jr caC� , t M t, �. as .c 7 -� 1f 4S rl C ? g i i r 1 t ' , Em LOT 22 1 43.9' 1 14.714# SF PROPOSED ROOF PEW M GROUND = 24.5 FT N vt t; 15 28.0' Yk i •6 12 ch PROPOSED ADDMON v O f0 15.0' LOCUS 29.5' CO 15.6' M '? JOSEPH & NANCY FINN EXISTING n DWELLING N #56 _ 16.1' 24.0' 19.0* 0 34.2' I ® I - I r- _T of I , Cil CYNTHIA I I I I LORENTZ I I ( I v 40.0' I I 10' I I ' I i I I 100.00' SURREY DRIB NOTES: 1. REFERENCE: BOOK 1178 PAGE 82 N.E.R.D. PLAN #6380 2. ZONING DISTRICT: R4 ' PLOT PLM Of LAND "I HEREBY CERTIFY THAT THE PROPERTY LINES ( #-56 SURREY DRQ SHOWN ON THIS PLAN ARE THE LINES DIVIDINGNORTIH r4tDOV'ER, EXISTING OWNERSHIPS, AND THE LINES OF THE �NsA OF yqs MA STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC sqc SCZitE 1 in. - 20 ft. OR PRIVATE STREETS 0'R WAYS ALREADY JOf N yGDy41E: F` BRUARY 9. 2006 ESTABLISHED, AND THAT NO NEW LINES FOR g � , JR. y RE1fD: MAY 10, 2006 DIVISION OF EXISTING OWNERSHIP OR FOR NEW Mcouo No. KIN, PREF�I RED FOR: WAYS ARE SHOWN AND THIS PIAN CONFORMS TO THE „ Joseph and KeteFter RULES AND REGULATIONS OF THE REGISTRY OF DEEDS �'0�'u Ls 56 Sur Drhm North Andover. MA � " V�► �� S' is• o G J HN F. McQUILKIN JR. u DATE PREPARED BY: JM Assocs m 0 10 20 40 e j 325 Marr Street North ltbodri& MIA 01864 978-664-6668 i = go f JOB# 496-250 I r SEX NGRTN REC-d8TRY OF DUdb LAWRENCE, MASS. A TRUE CCS-Y:ATTEST: ,s CAg I W5i3TF-R OF DEED i I i I I I FORTH �r p���" *•��'ooL nEcEl�l�t�T erk Time Stamp o r r 16. p I Qi IN C�.`RK'S OFFICE Thle Is to Certify that twenty(20)days have elapsed from date of dedston,OW i^o .:' r� Z006,UN 2 i �i without flling of a appeal. �� +�. L�r+ �` Date ^noc►+ust�� J Ati B aw �1 t)'�',':i O Town 010ZONING BOARD OF APPEALS NUTH Af OTi Community Development Division M ASSACF.USE ATTEST: A True Copy Any appeal shall be filed within Notice of Decision ply�0 sdllm,� (20)days after the date of filing Year 2006 Town Clerk of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40 17 Property at: 56 Surrey Drive NAME: Joseph&Mary Keleher HEARING(S): June 13,2006 ADDRESS: 56 Surrey Drive PETITION: 2006-021. North Andover MA 01845 TYPING DATE: June 26 2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,June 13,2006 at 7:30 PM upon the application of Joseph&Mary Keleher,56 Surrey Drive(Map 74,Parcel 40),North Andover reque*fing a dimensional Variance from Section 4,Paragraphs 4.122.14.c.1&4.122.14.c.7 of the Zoning Bylaw tor relief from the requirements for gross floor area and common wall percentage in order to convert a siagle- family dwelling to a two-famity dwelling,and for a Special Permit from Section 4,Paragraphs 4.12c, c_ 4.122.14.1,&Section 10,Paragraph 10.3 of the Zoning Bylaw in order to convert an existing single. aiuily r dwelling to a two-family dwelling. Said premises affected is property with frontage on the South side bf w— Surrey Drive within the R-4 zoning district. Legal notices were sent to all names on the abutter's liffijiid were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Ando e"n > May 22&29,2006. 0 ._ m M r The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrww,Richard J.Byer„' David R Webster,and Thomas D. Ippolito. The following non-voting members were present: Richard M. Vaillancourt,and Daniel S.Breese. Upon a motion by Joseph D.LaGrasse and a by Richard J.Byers the Board voted to GRANT a dimensional Variance from the Zoning Bylaw Section 4,Paragraph 4.122.14.c.I for relief of 18.5%from o the requirements of gross floor area and Paragraph 4.122.14.c.7 for relief of 30.56%from the requirements ry for common wall percentage in order to convert a single-family dwelling to a two-family dwelling,and .� upon a motion by Joseph D.LaGrasse and 2°d by Richard J.Byers the Board voted to GRANT a Special o Permit from Section 4,Paragraphs 4.122.14.c,4.122.14.1,&Section 10,Paragraph 10.3 of the Zoning 0_ Bylaw in order to allow a single-family dwelling to be converted to a two-family dwelling per: — Site: 56 Surrey Drive 74 Parcel 40),North Andover,MA 10845 Site Plan Title: Plot Plan of Land,#56 Surrey Drive,North Andover,MA,prepared for: Joseph MM Keleher,56 Surrey Drive,North Andover MA Date &Revised Dates): February 9,2006,Rev'd:May 10,2006 Registered Professional John F.McQuilkin,Jr.,No. 36120,JM Associates, 325 Main Street,North Land Surveyor ReadiE&MA 01864 Sheet/Drawing Job#496-250 Pagel of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 fax 978.688.9542 Web www.townofnorthandover.com t ,AORTFr 3?�.!r``.' ;!• o Town(lark Time Stamp O - L p I?ECEIVED TM M C ERK'S OFFICE � O� ere.tsr+Zwer �r '* �' °,��•''`� 2005 JUN 27 PM 4: 16 ,sswCHust� ZONING BOARD OF APPEALS Community Development Division I-i , Plt)G'Y'r N MASSAaVIHU44/ j and Building Plan Title The Keleher Residence,56 Surrey Drive,North Andover,MA 01845, Proposed Second Unit Within R-4 Zone. Joel RM. Gagnon,Architexture8 Richmond Street,Haverhill,MA 01830 Date: 5.10.06 Sheetprawin Sheets 1 of 5 to 5of 5. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,David R Webster,and Thomas D.Ippolito. The Board finds that owing to circumstances relating to the shape of the existing single-family dwelling especially affects this land and structure but does not affect generally the R-4 zoning district in which it is located and a literal enforcement of the provisions of Paragraphs 4.122.14.c.l dt 4.122.14.7 would involve substantial financial hardship to the petitioner. The Board finds that the shape is a 24.3'deep x 34.2 wide two-story single-family dwelling with a single-story breezeway to the existing right side driveway and is set on the lot 15'from the left side setback The Board finds that the front setback to the existing 2-story dwelling is 40',the front setback to the existing single-story breezeway is 50',and the right side setback to the existing breezeway is 33'. The Board finds that 56 Surrey Drive is a conforming R-4 lot,and the proposed addition is within all four R-4 setbacks. The Board finds that if the proposed shared 2-stall garage were not included,the addition would conform to the requirements of 4.122.14.c.I&7. The Board finds that the shape of the existing foundation and driveway,and proposed shared garage makes the ability to add the second unit so that it would conform to the requirements of 4.122.14.c.I&7 impractical if not impossible. The Board finds that 4 abutters,2 of the 4 being direct abutters,wrote letters of support and that there was no written or spoken opposition. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Section 4,Paragraphs Section 4, 4.122.14.c,4.122.14.1,and Section 10,Paragraph 10.3 of the zoning bylaw and that the granting of this Special Permit for a-e dwelling unit at 56 Surrey Drive is an appropriate location because then are other two-family dwellings on Surrey Drive. The use,as developed,will not adversely affect the neighborhood because the proposed addition,as designed,maintains the appearance of a single-family dwelling and conforms to the character of the neighborhood. There will be no nuisance or serious hazard to vehicles or Pedestrians because the lot can accommodate 6 off-street parking spaces. Adequate and appropriate facilities are provided to 56 Surrey Drive. The Board finds that this Special Permit is in harmony with the general purpose and intent of this Bylaw,and this second dwelling unit shalt not be substantially more detrimental than the existing dwelling to the neighborhood Page 2 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com NORTFI aro .9,U60 0", Town Clerk Time Stamp o RECEIVED ' ' t�!_ERKIs OFFICE 2006 JOIN 27 PH 4' 16 CHUStS ZONING BOARD Of APPEALS NORTH ANDOVER Community Development Division MASSACH'1 1 Note: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of - —-- the giant,it shall lapse,and may be re-establishedonly after notice,and anew-heanng. Furthermore,if a- - - - -- Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyrd,Chaimfin Decision 2006-021. M74P40. Page 3 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 fax 978.688.9542 Web www.townofnorthandover.com I 'ESSEX NORTH REG1S`P'RY OF DEEDS LAWPM,,NCE, MASS. t1`- 1 A TRUE DOPY-. ATTE-8T RMISTER OF DEED f NORTOI rE° <t�'" '•, �'o „ T erk Time Stamp i'O1ct Ci EaK'S OFFICE This Is to cerolly that twenty(20)days have elapsed from date of decision,filed 2006-JUN 2 7 P f� I S without filing of a appeal. f �� 4� wAAM no Date �ss,�c►+us Town 01 haw �I 0�',�r 0 ZONINO BOARD OF APPEALS P�D�CTH �atJfJO`;' ' Community Development Division Mt�S5Crl� � s ATTEST: A True Copy Any appeal shall be filed within Notice of Decision Pr—6' �6 (20)days after the date of filing Year 2006 Town Clerk of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40 17 Property at: 56 Surrey Drive NAME: Joseph&Mary Keleher HEARING(S): June 13,2006 ADDRESS: 56 Surrey Drive PETITION: 2006-021. North Andover MA 01845 TYPING DATE: June 26 2006 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,June 13,2006 at 7:30 PM upon the application of Joseph&Mary Keleher,56 Surrey Drive(Map 74,Parcel 40),North Andover reque*fing N a dimensional Variance from Section 4,Paragraphs 4.122.14.c.I cit 4.122.14.c.7 of the Zoning Bylaw gor relief from the requirements for gross floor area and common wall percentage in order to convert a s** e- family dwelling to a two-family dwelling,and for a Special Permit from Section 4,Paragraphs 4.12hic, C=4.122.14.1,cit Section 10,Paragraph 10.3 of the Zoning Bylaw in order to convert an existing single�'am. '- dwelling to a two-family dwelling. Said premises affected is property with frontage on the South sicg& 0r— Surrey Drive within the R-4 zoning district Legal notices were sent to all names on the abutter's lisiiid were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Ando exon May 22&29,2006. 1c) .. M The followingvoting members were resent: Ellen P.McIntyre, g p tyreJoseph D.LaGrasse,Richard J.Byer; .o David R. Webster,and Thomas D.Ippolito. The following non-voting members were present: Richard M. Vaillancourt,and Daniel S.Braese. Upon a motion by Joseph D.LaGrasse and 2°a by Richard J.Byers the Board voted to GRANT a dimensional Variance from the Zoning Bylaw Section 4,Paragraph 4.122.14.c.I for relief of 18.5%from o the requirements of gross floor arra and Paragraph 4.122.14.c.7 for relief of 30.56%from the requirements N for common wall percentage in order to convert a single-family dwelling to a two-family dwelling;and .� upon a motion by Joseph D.LaGrasse and 2°a by Richard J.Byers the Board voted to GRANT a Special o Permit from Section 4,Paragraphs 4.122.14.c,4.122.14.1,cit Section 10,Paragraph 10.3 of the Zoning cr Bylaw in order to allow a single-family dwelling to be converted to a two-family dwelling per: — Site: 56 Surrey Drive(NIap 74 Parcel 40),North Andover,MA 10845 Site Plan Title: Plot Plan of Land,#56 Surrey Drive,North Andover,MA,prepared for: Joseph Mary Keleher,56 Surrey Drive North Andover,MA Date 8r Revised Dates): Febmay 9,2006,Rev'd:May 10,2006 Registered Professional John F.McQuiWA Jr.,No. 36120,JM Associates,325 Main Street,North Land SuryWor Readin MA 01864 Sheet/Drawing Job#496-250 Pagel of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com NORTH Town Clerk Time Stamp o _ o� I- = % FICCEIVED * * TOi-'N CLFRK'S OFFICE cHu2006 JUN 2 Z Pal 4: 16 �ssws�� ZONING BOARD OF APPEALS i'Jiiii Or Community Development Division INORTH A N00 Y7-i' MASSA.C�L'4E';and r: Building Plan Title The Keleher Residence,56 Surrey Drive,North Andover,MA 01845, Proposed Second Unit Within R-4 Zone. Joel R.M.Gagnon,Architexture,8 Richmond Street,Haverhill,MA 01830 Date: 5.10.06 Skeet/Drawing; Sheets 1 of 5 to Sof 5. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard I Byers,David R.Webster,and Thomas D.Ippolito. The Board finds that owing to circumstances relating to the shape of the existing single-family dwelling especially affects this land and structure but does not affect generally the R-4 zoning district in which it is located and a literal enforcement of the provisions of Paragraphs 4.122.14.c.1&4.122.14.7 would involve substantial financial hardship to the petitioner. The Board finds that the shape is a 24.3'deep x 34.2 wide two-story single-family dwelling with a single-story breezeway to the existing right side driveway and is set on the lot 15'from the left side setback. The Board finds that the front setback to the existing 2-story dwelling is 40',the front setback to the existing single-story breezeway is 50',and the right side setback to the existing breezeway is 33'. The Board finds that 56 Surrey Drive is a conforming R-4 lot,and the proposed addition is within all four R-4 setbacks. The Board finds that if the proposed shared 2-stall garage were not included,the addition would conform to the requirements of 4.122.14.c.1&7. The Board finds that the shape of the existing foundation and driveway,and proposed shared garage makes the ability to add the second unit 90 that it would conform to the requirements of 4.122.14.c.I&7 impractical if not impossible. The Board finds that 4 abutters,2 of the 4 being direct abutters,wrote letters of support and that there was no written or spoken opposition. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the North Andover Bylaw. Also,the Board finds that the applicant has satisfied the provisions of Section 4,Paragraphs Section 4, 4.122.14.c,4.122.14.1,and Section 10,Paragraph 10.3 of the zoning bylaw and that the granting of this Special Permit for a tad dwelling unit at 56 Surrey Drive is an appropriate location because there are other two-family dwellings on Surrey Drive. The use,as developed,will not adversely affect the neighborhood because the proposed addition,as designed,maintains the appearance of a single-family dwelling and conforms to the character of the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians because the lot can accommodate 6 off-street parking spaces. Adequate and appropriate facilities are provided to 56 Surrey Drive. The Board finds that this Special Permit is in harmony with the general purpose and intent of this Bylaw,and this second dwelling unit shall not be substantially more detrimental than the existing dwelling to the neighborhood. Page 2 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com NORT►t o�,�•o *�tio Town Clerk Time Stomp o: .yfc RECEIVED *5 OFFTE TT?;'M CLERK 2006 JUN 27 PH 4. 16 ,SSgCHUSt( ZONING BOARD OF APPEALS NORTH APiOW7 Community Development Division MASSA,C';'"E. Now: 1.This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Building Commissioner. are not exercised within one(1) of the date of if the rights authorized the Variance Y� Ihrrthermore, by - --- - - re if- - anew Furthermore, re.�stabtishod after notice,and hearing.the grant,it shall lapse,and maybe only Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.MchityrtO,C Decision 2006-021. MUM. Page 3 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9541 fax 918.688.9542 Web wwwjownofnorthandover.com J .. -SSSEX VORTW REGISTRY OF DEEDS LAWRENCE, MASS. !318- 2 QPk A TRUE COPY: ATTEST RPOISTER OF DEED