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Home My WebLink AboutMiscellaneous - 58 APPLETON STREET 4/30/2018 58APPLETON STREET 2101037 00"' ,1 J. �-a a� s � S f� �4 WSP p 7n.etat 13402 � t Application filed w X - 19 (2 Q Nearing due on: 7- /V '0(0. ;Becision due on: 06- 5 C6 �- �! 0 P? i i ` 78 7 �L � Incomplete NAZBA Application Form S 110- Time: OD W1 Date: No.: �� Date AORTH TOWN OF NORTH ANDOVER °c ° ; p A BUILDING DEPARTMENT SACHUS Building/Frame Permit Fee $ Foundation Permit}FFee $ Other Permit Fee 05 Of 10y #,e U /��i' e# °� ' Building ' Inspector &A ZBA 3 4 4 TOWN OF NORTH ANDOVER ti p RECEIPT S`SgCHUs� ` t ` This certifies that. r ...J..c..... l�Gt.l�.. .ti `.�.................... has paid.. ...1.71�!oq.....ck..#:.....�..�.�?. .................... for.Y.....Z.. ........A. �.1.�.. .l. ...... ��.6......I .l.��.... Received by....~ �/.., ';! ,�. V;7 ....................................................... Department.......`7,,.bA................................................................... WHITE: Applicant CANARY:Department PINK:Treasurer zBA 3 4 2 � .b / Date 5...��... 0�?.... O��10RT�y,� o�•``' °°p TOWN OF NORTH ANDOVER °° y* RECEIPT t S`SACHUS� This certifies thatV.a..Q.. !.... ✓�� ✓.. ........................... has paid#..I.JO/...(./.!/......C9......�. �. C? .... for.....� �.. n.�/� s 1 e I ari...... `.Q ../.. Received by.............. ...... . ............. ....... De'pfirtmgnt,. .. .--l�—��J ° " .. ......................................................... '�" M� WHITE: Applicant CANARY:Department PINK:Treasurer P ' ' Of tAORTFr 4 own Clerk Time Stamp RECEIVED o � � s � q 2006 JUN 21 PPS 4: 16 rob �4SS�CHUS I( TO"HN OF ZONING BOARD OF APPEALS NORTH AH0j0V`E Community Development Division IAS. AC:Iw�. 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. 4OA, §17 Proat: 58 Appleton Street NAME: David J.Bradbury HEARING(S): June 13,2006 ADDRESS: 58 Appleton Street PETMON: 2006-019. 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 David J. Bradbury,58 Appleton Street(Map 37.B,Parcel 20),North Andover requesting a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of the right side setback in order to construct a proposed second floor addition and 2-stall garage with living space above,and for a Special Permit from Section 9, Paragraph(s)9.2 of the Zoning Bylaw in order to extend a pre-existing,non-conforming structure on a pre-existing, non-conforming lot. Said premise affected is property with frontage on the West side of Appleton Street within the R-1 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,Richard J.Byers,Albert P.Manzi,III, David R. Webster,and Richard M. Vaillancourt. The following non-voting members were present:Joseph D.LaGrasse,Thomas D. Ippolito,and Daniel S. Braese. Upon a motion by Albert P.Manzi,III and 2°d by David R Webster the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.3 and Table 2 of the Zoning Bylaw for relief of 19' from the right side setback in order to construct a proposed 2-stall garage and bath,sitting&storage space above;and upon a motion by Albert P.Manzi,III and 2°d by David R Webster the Board voted to GRANT a Special Permit from Section 9,Paragraph 9.2 of the Zoning Bylaw in order to allow a pre-existing,non- conforming dwelling to be extended by a 2-stall garage and bath,sitting&storage space above on a non- conforming lot per: Site: 58 Appleton Street(Map 373,Parcel 20),North Andover,MA 10845 Site Plan Title: Plan of Land in North Andover,Mass.,owned by David Bradbury Date(&Revised Dates): 4/25/2006,6/26/2006 Registered Professional Scott L.Giles,#13972,Scott L. Giles RP.L.S.,Frank S. Giles RP.L.S., Land Surveyor 50 Deermeadow Road,North Andover,Mass. Building Plan Title Bradbury Residence,58 Appleton St.,North Andover,MA 01845,Add 2 Level/Garage KK,KDK Design,Wilmington,MA Date: 4/12/06 Sheet/Drawing [5 sheets] Page 1 of 3 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 918.688.9542 Web www,townofnorthandover.com pORTFf ✓ O ti�eo ,a q, 3a co Town Clerk Time Stamp ,,ftL to o` _`` RECEIVED T U�e[r+s rL rRrl ',CJ 61F1CIE 44roo 2006 JUN 27 PM 4: 16 'SSACHU`s�� y rC• i O V11,4 O F ZONING BOARD OF APPEALS NORTH ANi TY* (ommunity Development Division MASSA,CHU With the following conditions: 1. The Mylar Site Plan shall be corrected to show the proposed addition's foundation to be 24.5' 2. The decision shall not be signed before the Mylar is corrected. Voting in favor: Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III,David R Webster,and Richard M. Vaillancourt. The Board finds that Lot 11 (58 Appleton Street Map 37.B,Parcel 20 today)was created as an Approval Not Required lot on March 5, 1956,per Plan of Land in North Andover,Mass.,owned by Daniel E.Hogan, Jr. The Board finds that owing to the topography of the land and placement of the structure on that land especially affects 158 Appleton Street and the sin e- dwelling but does not affect generally the R-1 P 1� e �Y g � Y zoning district in which it is located. The Board finds that the existing single-family dwelling's left side setback does not allow for the proposed addition and would require relocating the existing driveway. The Board finds that placement of the garage in the rear would require importing fill in order to maintain the existing foundation's elevation and require a substantial change in the ratio of soil to impervious surface in order to bring the driveway to the rear. The Board finds that a literal enforcement of the provisions of Paragraph 7.3&Table 2 would involve substantial hardship,financial or otherwise,to the petitioner. The Board finds that that there was no written or spoken opposition. The Board finds that the'specific reason. 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 9,Paragraph 9.2 of the Zoning Bylaw and that the granting of this Special Permit for a 2-stall garage and bath,sitting&storage space above at 58 Appleton Street is an appropriate location because there are other two-story single-family dwellings with 2 stall attached garages on Appleton Street. The use,a single family dwelling with attached garage,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 2 off-street parking spaces. Adequate and appropriate facilities are provided to 58 Appleton Street. The Board finds that this Special Permit is in harmony with the general purpose and intent of this Bylaw,and this proposed addition 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 / Of NORTFI ? b�tt%.9O *a,tipO R C I"� n 11ul Time Stamp 2006 JUN 2,7 PM 4: 16 �9SSwcauS , . C u' OF ZONING BOARD OF APPEALS FORTH A1400V Ei Community Development Division M ASSACHI USLTI`S 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 grant,it shall lapse,and may be re-established only after notice,and a new hearing.i 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.McIntyre,C Decision 2006-019. M37.B P20. Page 3 of 3 i 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9541 Fax 918.688.9542 Web www.townofnorthandover.com f NORT11 1 ° •t`tO '•, '�o Town Clerk Time Stam RECEIVED a #_ y TOWN CLERK'S OFFICE b 2006 MAY 16 PM 4ssA[HU OI•I si 'iH OF V ZONING BOARD OF APPEALSNORTH NDO`. Community Development Division MASS ACHIUSPET C Legal Notice North Andover, Board of Appeals 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 130i of June, 2006 at 7:30 PM to all parties interested in the application of David L Bradbury,58 Appleton Street(Map 37.B, Parcel 20), North Andover requesting a dimensional Variance from Section 7, Paragraph 7.3 and Table,2 of the Zoning Bylaw for relief of the right side setback in order to construct a proposed second floor addition and 2-stall garage with living space above, and for a Special Permit from Section 9, Paragraph(s)9.2 of the Zoning Bylaw in order to extend a pre-existing, non- conforming structure on a pre-existing, non-conforming lot. Said premise affected is property with frontage on the West side of Appleton Street within the R-1 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. rt� o�Doa, 5>OFn' $,o 0 ID NZ00 Dr to w v�_�-^_aD Up�gw --iZ2Q: .N? f °v,o< mv> (� >o^owmca�pw mea °� I�2O°°a�m?a-N SO D1,0 h%gs-a'I ...� N? �Onym�w' NS' mp�'.O r <o �� v a�v t5 Io m moo' ° m a co=r cl, °�maoD;m omm 3 �a www °Qo �•smNm. �av_?owAr�ga�m$°'a�1 P En C T pi O 7 -g 7 m 007�� F 7 m rJ_.W»O IDC •m pK 3 0•fl y a'S zc�+ eo'a�»Dmm�tnm (DQ'1 yy31I I.amm230. .D'roXQ y°' ° °wZr. r Legalnotice2006-019. m v�o^��Dmvosv� � .N.o»dmf 3=°y ow�o..:�0�?:3��oc3°° -z ° mm <_ m 5m �ccn ,<aoS�W 3 c; �rn°m�mmm•8rr I.... 0 7 C- 2 mWOO»N$�y�y0 &xON�.fn�N�gaw v�wN vD°410W�(n�a'07`GC9Nn M937.BP20. i y ()7'C 0037Z' OI—T `<m7[D 7C^a05"a(0 amy�N-0770 J-�Q.'S D�Om��fD�1m �7ami-'b...a-a:m _? ti's oc�m °1113 s o° < << (� m�m�=om° :1 CL ?mf°omtDjy$°—'g �OpO'mwsW�Pa3o°gym*<oym5 1�9 1600 Osgood.Street,North Andover,Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com PLAN OF LAND IN LOCUS:NO SCALE NORTH ANDOVER, MASS. OWNED BY DAVID BRADBURY SCALE: 1"=30' DATE 412512006 QP LOCUS X 9a sr--&2oos-3 1& %, 01 30' 60' 90' o ISP PSE - m Scott L. Giles R.P.L.S. Frank. S. Giles R.P.L.S. 50 Deer Meadow Road North Andover, Mass. 1. GEL 1 UST 87,�200NING S.F. AREAT. ISR 3� �' PAR TY'(R 175'FRONTAGE �yPP AM��Y 30'SETBACKS ALL AROUND. NUN"( F 100.0 MAP 37 B, PARCEL 18 MAP 37 8, PARCEL 20 MOYNIH, AN FAMILY TRUST 21,715 S.F. Z, T Z N m rn N m Z c~n 29 0 o MAP 37 B, PARCEL 19 11' . CAHALANE O mEXIST. HSE 12` :Cl FND. 12' GqR 0 PRON O P GAR. i 39' #5a 1 91 24.5` i co 125.0' APPLETON STREET THIS IS TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE THE PROPERTY LINES SHOWN ARE THE REGISTERS OF DEEDS IN PREPARING THIS PLAN NORTH ANDOVER LINES DIVIDING EXISTING OWNERSHIPS,AND THE LINES OF STREETS AND SHOWN BOARD OF APPEALS ARE THOSE OF PUBLIC OR PRIVAYTE STREETS OR WAYS ALREADY ESTABLISHED,AND NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. i -of y_ J� i ES y DATE OF FILING: ` 'f. 13972 1T DATE OF HEARING:-GA s, mot �� L g� DATEOFAPPROVALZw". 13 24D6 - -+ �� 0 �& ��N� OF NORTH�� @��N��N� --- TOWN'-' - Fn zz �� APPEALS — e��U�� " ��" " �=�°~~° ADDRESS OF APPEAL: 519' lf:tfffl-f-0010 5r. Town Qa�JrffieStamp- Procedure & Requirements for an A��U^ca�� for a Variance Ten (10) 'copies' ' the f�hmv�QinfonnaUonnmuo be STEP 6: SCHEDULING OF AND au 'itted thirty(30)dovaprior to the first public hearing. N OF LEGAL NOTICE: FmU^� �mubmit the--' ' u�red �fonnoUon. the time The Off�eof�ne ingBoard of schedules the - prescribed result by �vo dab»and prepares the�oa noticeZoning Board of an application as incomplete.'- for meUhlg to the parties in inh»n*ot and for The.information herein is an abstract of more publication in the newspaper. The petitioner is notified thatthe legal notice has been prepared and the cost of specific requirements listed in the Zoning Board the Party in Interest hoa. Rules and Regulations and is not meant to supersede them. The Retitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO ,that are underlinedNEWSPAPER � The petitioner picks upthe legal notice from the Office of STEP 1: ADMINISTRATOR PERMIT DENIAL: the Zoning Board ofAppeals and delivers the legal notice The petitioner applies for aBuilding Permit and receivers bothe local newspaper for publication. � a Zoning Bylaw Denial form completed bv�he �ui|ding � � -^ STEP 8' PU�3LIK��E�k��IN�� EF��KE THE ZONING Commissioner. ' BOARD OF APPEALS:STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear inhio/herbehalf, orbe Petitioner completes ' e represented bvanagent orattorney. |nthe absence of nmnoevvithout�uec�uo�onbmho�oftbe Boa�ofApp�|e�roVahmnca. fA| in�mn��nao any op�o required initems 1through and including 11shall be petition, the Board shall decide onthe matter bvusing � completed. the information ithas received todate. STEP 3: PLAN PREPARATION: STEP 9: DECISION: plan Afterthe hearing, acopy ofthe'Board�den��nwNba Petitioner� """'''""=ll~ ~'~ '~°~^~~ ' oen�0oaUPad�oin |nboraaL Anvappeo|ofU�e8oerd's o�edinpage 4 section Any' decision may bomade pursuant toMassachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch. 40A 17, within twenty(20)days after compileThe petitioner requests the Assessor's Office to the decision kufiled with the To�n Clerk. a certified list of Parties in Interest(abutters). STEP 1110: RECORDING THE DECISION AND PLANS. STEP 6: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioneraubmitaon�one(1 ) original and ten (10 )Xerox the dewsm//. the Mylar, and any=c^~'''r~'',^'w plans at i000fall the required` inyonnaUonbothe `Town��hark'o the Essex��ou�y. No�hReoiabyofDeeds, 381 Office be certified "xthe Town Clerk with the time and Common S8.. Lawrence MA, and shall complete the date offiling. The original will beleft atthe Town Clerk's Certification ofRecording form and forward dbothe �oningBoordofAopea|oandhotheBui|dingDepodmant. Office. and �h� 1O�enoxcopieavvU|be|m�vvi�hthe . Zoning Board ofAppeals secretary. ~^.... ^--^...................^....^^.............-.......---......-.-...... ..............................-----.~--`--------_---..^~. � Nodh8ndoverTownHaUIMPORTANT PHONE ��0U�� - 1�OYNoinE�,ee� 378-688'9533 O�maofComrnunbxDev �Ser�ceu ` � 9TB-88� S5U1 TmwnQerk'mOMiue 4OOOsgood 8traot No�hAndove, MA - ' ' 01845 978-688-9686 Assessor's Office Development o�iuoo k �8�� 5 ~ uiDepartment P��E 1 of 4 8-888-9541 -�bni��Board ofAppeals<]ffico IMAY 1 � �U� ° v�p'°- ~ n8�OO'� bPPEA11 K U PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E Please cofnpteloe aR items 1`=1d below:.- - ..,. _. ;: 1. Petitioner: *Name, *Address and telephone number: vlz/ - PPC 7£I *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: p 1778'- - Y- Wls& �� p Zen► �' Years Owned-Land: 3. Location of Property: a. Street: S"$ f- ppt-1-TD/3 377 Zoning District: b. Assessors: Map number: :578 Lot Number: c. Registry of Deeds: Book Number: Qtn)FYaPage Number: n - 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. 3 -' ?IRY3 L Z *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. S. Describe the Variance request: "S�,r�s S�?�3fl�> on? (o t -low 177eeW The above descrlpdon shall be used for the purpose of the[opal notice and decision. A mora detailed descrl on Is required Zoning hoard Rules and Regulations as cited on page 4,section 8 of this application.Failure theapplicant rip to describe the pursuant to the may result in a decision that does not address the Intent of the applicant The decision will be limited tothe request clearly not Involve additional Items not included above. request by the applicant and will 6 A. Difference from ZoningBylaw requirements:Y q ants: Indicate the dim current ZoningBylaw Requirements. dimension(s)that will not meet Y eq menta. (Lines A and B are in case of a lot split) t ) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % f Q B. Page 3 of 4 S application for a VARIAN C E NORTH ANDOVER ZONING BOARD OF APPEAL 6 B. Existing Lot: Minimum Lot Setback nt Lot Area Open Space Percent Lot Frontage Parking Front Side A Side B Rear Sq. Ft. Sq. Ft. Coverage Spaces -715 375- 50 3g ad.s Z� 6 C. Proposed Lot(s): Minimum Lot setback Lot Area Open Space Percent Lot Frontage Parking Front Side A Side B Rear Sq. Ft. Sq. Ft. Coverage Feet Spaces I 3� � L12� 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Minimum Lot Setback Lot Area '-Open Space ._Percent Lot Frontage Parking Front Side A Side B Rear Sq. Ft. Sq. Ft. Coverage Feet Spaces 30 30 30 7A. Existing Building(s): Use of Number Ground Floor Number of Height Total Building* of Units'"` Square feet Floors Sq.feet g S_ L3do *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 7B. Proposed Building(s): Number Ground Floor Number of Height TotUse Building* of Units" Square feet Floors �_ b i2�s�oz�Ti 5�/1Z 9 G *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): is the official form of the Zoning Board of Appeals. Every Every application for a Variance shall be made on this form,which application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature: Type above name(s) here' ��dzwLA PAGE 4OF4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Variance must be supported by a n 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 H)One(1)Mylar. from the requirements of MGLA ch. 40A, Sec. 10.4 and [In 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 0 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. e. 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 IT)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. Fads 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(*). 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. abutters 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). 1) five (5) or more parking spaces, 11. C. See 2005 Revised Fee Schedule. 11)three(3) or more dwelling units, tH)2,000 square feet of building area. b- A Variance once granted by the ZBA will lapse in Major Projects shall require, that in addition to the 10B& 1 (one)year if not exercised and a new petition must 10C features, that the plans show detailed utilities, soils, and topographic information. be submitted.4 ORTN Zoning Bylaw Denial Town Of North Andover Building Department s •.:;; e;,:,.; 1600 Osgood St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 58 Appleton Street Ma /Lot: 37.B/20 Zoning District R-1 Applicant: David J.Bradbury Request: 2"d floor&garage addition 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 X 1 Frontage Insufficient X 2 Lot Area Preexisting X 1 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G I Contiguous Building Area 2 1 Not Allowed 1 Insufficient Area 3 Use Preexisting X 1 Complies X 4 S ecial Permit Required 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Hei ht Exceeds Maximum 2 1 Front Insufficient 2 Complies Lreft Side Insufficient 3 PreexistingHeight 4 Ri ht Side Insufficient X 4 Insufficient Information 5 Rear Insufficient i Building Coverage 6 Preexistingsetbacks X 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed 4 Insufficient Information 3 2 In Watershed X 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 1 13 1 Insufficient Information 4 Pre-existing Parkin Remedy for the above is checked below. Special Permits Planning Board__ Item# Variance Item Site Plan Review Special Permit C/4 Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent 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 A/1,2,&C14 Special Permit preexisting nonconforming lot &F/1 3 Dl2 Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled'Plan Review Narrative'shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. Building Department Official Signature Applic lon Received Application Denied Denial Sent: If Faxed Phone Number/Date: OPTl, Zoning Bylaw Denial r Town Of North Andover Building Department 1600 Osgood St. North Andover, MA.01845 Phone 978-688-9545 Fax 978-688-9542 Street: 58 Appleton Street Ma /Lot: 37.B/20 Zoning District R-1 Applicant: David J.Bradbury Request: 2" floor&garage addition 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 X 1 Frontage Insufficient X 2 Lot Area Preexisting X 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G I Contiguous Building Area 2 1 Not Allowed 1 Insufficient Area 3 Use Preexisting X 2 Com lies X 4 Special Permit Required 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Hei ht Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient X 4 Insufficient Information 5 Rear Insufficient i Building Coverage 6 Preexisting setbacks X 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed 4 Insufficient Information 2 In Watershed X j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 1 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 Parkin Remedy for the above is checked below. Special Permits Planning Board Item# Variance Item Site Plan Review Special Permit C/4 Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent 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 A11,2&C/4 Special Permit preexisting nonconforming lot &F11,3 D/2 Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative'shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Page 3of4 r 2i-\) isFl>) NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E RECEIVED T0W?1 irLE.1� ""S 0 FIFICE 6 B. Existing Lot: N AM Lot Lot Area Open Space Percent Lot Frontage Parking Minimu 52 Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side 8 Rear MASSAGIN 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 f 9-7 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Sot F{ea �Space PCocevera a -Frontage SpacesParking Front -M'Side A Lot Setback Sq. gSide B Rear 71 _750* ... 30 - 30 30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building' of Units" L 3_V_0 _�_ 1�', ,5b 127s Lo Fr,rt-i fti "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 Sy cafvo Number Square feet Floors Sq.feet Building* � of Units" s- S-76 jqy,51,o-r^�7-//'i L, 5-1 13 3 71 X09' t- t �- "Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). S. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature• Type above name(s) here: SA,140 1 0)414,24642�Z Page 3 of 4 9-Ivo-7p) NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE RFCEIVED TOW CLERKS (IFFICE 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking ZQNiMMffnl IVot 0064k03 Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 6q 1715 AL375- 1�� SO MASS ry E 4R 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 8 Rear -,A/ - Yb 39 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space - Percent Lot -Frontage v Parking -- -Minimum Lot Setback ., Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units" *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 57 Co/`v FLA-- Number Square feet Floors Sq.feet Building* /1900//--X RY-49 of Units" 1 s-16 fL�sid�r�7'i r✓ 13 U e 2 f *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 Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the-applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal . notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature: Type above name(s) here: Y/,O Page 3 of NORTH ANDOVER ZONING BOARD OF APPEALS application for a v ARIAN C E DECEIVED TOY-M, CL.ERIK'S OFFICE 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum LotVVe h► ± � ;Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side ALa 03 NORM t�,!au I FM IUS)FT 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 8 Rear 02 I Is 3 L 10 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area ace S'Oen - Percerit Lota 9 9--Frontage -Parkin - --Minimum Lot Setback „ p _ P Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7 1 a -- - t _75' - , '30 '30 30 .30 7A. Existing Building(s): Ground Floor Number of Height Total Use.of Number Square feet Floors Sq.feet Building` of Units" - - VO � - s -fib 12 FS 1,0��I-, ft 'Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 713. Proposed Building(s): F- clet_ Ground Floor Number of Height Total Use ofNumber Square feet Floors Sq.feet Building" 114VVI 77aAJ /� of Units" 57 �_ s-76 >Z5_Sir»rk57_j11�i✓ p Z ZfW &-(of tot 606/Zo U *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 8. Petitioner and Landowner signature(s): Everyapplication for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every 9 PPS application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature: Type above name(s) here: 1qY1,0 1- Page 3 of 4 ( 2 zV 15r 0) NORTH ANDOVER ZONING BOARD OF APPEALS application fora VARIA v RECEIVED TOWI4 CI..ERK%'S OFFICE 6 B. Existing Lot: t� Lot Area Open Space Percent Lot Frontage Parking Z0hi rY� U Skt�t3kt�� ' 03 Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear jz T— HASSAOI U 5, 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 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 ► _75" 30 30 30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units*" VO *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 of11,,5f_7corn Number //o Square feet Floors Sq.feet Building* / _ L^j/W-P' of Units" 5-1 s16 '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 Clerk's Office. It shalt 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. Signature: Type above name(s) here Page 3 of 4 ( /7�Fwsw) w w r� NORTH ANDOVER ZONING BOARD OF APPEALS application for a v`'ARIANC RECEIVED TOW41 CLFRK'S GFFICF 6 B. Existing Lot: ~� Lot Area Open Space Percent Lot Frontage Parking MULI5et0110 0J Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear MY N SSACI'lU51 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 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area i0pen Space - Percent Lot -Frontage --Parking --Minimum Lot Setback „ Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building` of Units" "Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 7B. Proposed Building(s): Fzdn- Ground Floor Number of Height Total Use ofW Number Square feet Floors Sq.feet Building" ® of Units s-76 l3 D 2 �7� 2,?5Y > F 1 Ill •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 Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve-the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature: %:11_e2/ 4 Type above name(s) here: Y/,O Page 3 of 4 NORTH ANDOVER ZONING BOAR® OF APPEALS application for a v ARIANC E RECEIVED TUM G ERK'S OFFICE 6 B. Existing Lot: 04- Lot Area Open Space Percent Lot Frontage Parking of JA I ' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear MASSAU, 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 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 30 30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** VO *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 713. Proposed Building(s): Ground Floor Number of Height Total Use of ��G�(V� rz�cov- Number Square feet Floors Sq.feet Building* ffj�D f�-- J �}�Vl� of Units" 5-7 —1— S s-716 /2�SiDzr�Ti�t 13 6 76 fta F I t M sn�s G *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 Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve-the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature: Type above name(s) here: lvio Page3of4 UZ-M5 W w NORTH ANDOVER ZONING BOARD OF APPEALS application for a ARIANCE RECEIVED T0'01M' CL1[-1RK'S OFFICE 6 B. Existing Lot: 2O , � ; Lot Area Open Space Percent Lot . Frontage Parking i Lot #j�k Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear M Aoci.11, 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 02 -7� 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) P p -P -Frontage _-Parking ---Minimum Lot back „ Sq. Ft. -Open F. ace Coverage Feet Spaces Front Side A Side B Rear 175� 30 30 30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building" of Units" VO '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 5��'� Number Square feet Floors Sq.feet Building" of Units" 2- 3475- -2 WY wmf �oj 1416/7ml) *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 Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. 'Signature• Type above name(s) here: Y�,o Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARA N C cc c R��EiVEI� T 0WU Cl FE °S OFFICE 6 B. Existing Lot: �� , p Lot Area Open Space Percent Lot Frontage Parking M�iAD Y Lot letback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A .S� gg B Rear 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 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 ? - 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building" of Units" "Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 7B. Proposed Building(s): S-r col,-o F1 Ground Floor Number of Height Total Use of ,,, Number Square feet Floors Sq.feet Building's/�W,1177��/,j /I'ND of Units" 5-1 -1- b jL�s�ozr�7'i I3 Z_ _�Y_075-` •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 Clerk's-Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature: �� / Type above name(s) here: &14Yio Page 3 of 4 ( ]zTV 13FD A , NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE RECEIVED M' 'I F ? 0FFICE 6 B. Existing Lot: 200 At, � Z'R3 Lot Area Open Space Percent Lot Frontage Parking i um Lo a a Sq. Ft. Sq. Ft. Coverage Feet Spaces FrontSide{,N,1) Side B Rear 171 37� l�� So go. t �► Oafs /6 T- HX L til,N t._a :._ 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 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 ?7 J a - j _75' 4e . '30 30 .30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units" *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 713. Proposed Building(s): Fl(:V2 Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* o )PKVd of Units" *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 Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature: Type above name(s) here: S 14YiV Page 3 of 4 02�U 15yv) NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E RECEIVED T ti %ra1_E Ri,','S OFFICE 6 B. Existing Lot: ii��r ? f 03 Lot Area Open Space Percent Lot Frontage Parking 1 �Ldt 5et9bfF ' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 50 H /,2 5_ isu 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 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 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number N feet Building*Square feet Floors Sq of Units VO 'Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 713. Proposed Building(s): �lcr�2- Ground Floor Number of Height Total Use of �� Number Square feet Floors Sq.feet Building of Units" i 3 2- 2s' Z22 WA-Uv t,�I 141661 *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 Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the-applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. ,Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature: Type above name(s) here: S'1gYio Page 3 of 4 C 1«I 1570) NORTH ANDOVER ZONING BOARD OF APPEALS application for a VAR ANC E RECEIVED TOWMI CI-ERK`S OFFICE: 6 B. Existing Lot: �f pA i 03 Lot Area Open Space Percent Lot Frontage Parking Inkurn Lo et6 Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A,,,,,�Ne p Rear k� ,ij0j I -7l5 .SO 1 TI-1 49191rl /6 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 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 1 _75' --4& 30 30 30 _30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units" VO j_ *Reference Uses from the Zoning Bylaw&Table 1. *"State number of units in building(s). 713. Proposed Building(s): Fzcoz. Ground Floor Number of Height Total Use of Number /7/ Square feet Floors Sq.feet Building* /"' ��d� �� of Units" *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 Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the-applicant from-this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature: Type above name(s) here: Slgylo 7 TO: North Andover Zoning Board of Appeals FROM: David J. Bradbury 58 Appleton St DATE: 5/8/06 SUBJECT: Section 9- Variance Application,points A-F A. My particular variance request for the proposed use of an addition of a 2 car garage with habitable space above. B. The particular circumstances of my lot relating to soil conditions are not interfering, changing, or altering in anyway with any abutting'property and will not substantially alter soil conditions of my lot provided the zoning variance is granted. Moving the proposed addition to meet the setback requirements would involve substantial change in soil because it would involve putting the addition in the rear of the home which would require a substantial increase in the amount of asphalt driveway to allow access to the garage. The particular circumstances of my lot relating to shape are that my lot is pre-existing non-conforming lot with 125 feet of frontage which makes the side of the proposed addition 19 feet less than the required 30 foot side setback. Placing the addition on the opposite side would also require a side setback variance. The particular circumstance of my lot relating to topography or to the structures especially affecting the property for which the Variance is less than the required 30 foot setback is that the structure is proposed so as to not require the introduction of fill to the property. The proposed structure will be built at the level of and over the current existing driveway which will not change the topography in a negative way of either my property or the abutter's property. C. Due to the shape of my lot, the placement of the foundation prior to the purchase of the property, and the current slope of the land, placing the garage elsewhere on the lot would involve substantial topographical alteration because of the introduction of fill. In addition, placing the structure elsewhere would require an increase in the amount of asphalt driveway. Placement of the proposed addition at a place that would meet the zoning required side yard setback would require substantially more foundation and structure in order to attach the proposed addition to the original house; as well as, result in substantial topographical and soil alteration due to the need for fill and additional asphalt paving,for driveway; and thereby causing substantial financial hardship,which would result if the literal enforcement of the Zoning Bylaw section 7.3 and Table 2 on this land or use if the Variance relief is not granted. D. Grantingof the variance will allow a less cluttered appearance to the pp neighborhood by garaging vehicles and outdoor equipment that are currently on the driveway providing safety to the surrounding abutters by deterring temptation of theft or mischievous damage will support a finding that the relief sought will be desirable and without substantial detriment to the.public good. E. Approval of the proposed addition to the current house structure is desirable as it will entail adding fewer structures, removal of only one tree of the surrounding topography and will be more than 100 feet from the abutting property's house structure, will add value the existing structure and not interfere with abutters support a finding that the relief Sought may be given without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. �• BK 6952 PG 327 J' j QUITCLAIM DEED I, Roger S. Smith, trustee of the Clementine Lambert Revocable Trust under a Declaration of Trust dated October 27, 1994, recorded in the Northern Essex District Registry of Deeds in Book 4152, Page 237, for consideration paid of Two Hundred Ninety Two Thousand Five Hundred Dollars', grant to David J. Bradbury of 289 Sutton Street, North Andover, MA with quitclaim covenants ell The following described parcel of land: a certain ;ik parcel of land with all the buildings thereon situated in North Andover, being shown as Lot No. 11 on a plan of land entitled "Plan of Land in North Andover, Massachusetts, owned by Daniel E. Hogan, Jr. ", Ralph B. Brasseaur, C.E. , dated February 29, 1956, which plan is recorded with the > North District of Essex Registry of Deed as Plan No. 3206 .° and more particularly bounded and described as follows: d SOUTHEASTERLY by Appleton Street one hundred twenty- " w five (125) feet; z NORTHEASTERLY by lots 12 and 10 on said plan two hundred ten (210) feet, more or less; NORTHWESTERLY by Lot 13 on said plan one hundred (100) feet; and Z SOUTHWESTERLY by land marked now or formerly of New England Power Company on said Plan one hundred seventy-five ° (175) feet. Containing 22, 000 square feet, more or less, according da to said plan. IL 00 Together with a right of way in common with others entitled thereto to use the streets and ways as shown on said plan for all purposes for which streets and ways are N commonly used in said North Andover. ro This conveyance is made subject to and with the benefit of easements and restrictions of record insofar the same are 41 now in force and applicable; and subject also to c encumbrances of record. 14 JUL.19'02 X2,.53 Being the same premises conveyed by Clementine Lambert and Barbara Mary Smith by quitclaim deed dated October 27, 1994, recorded in the Northern Essex District Registry of Deeds in Book 4152, Page 248. %v-a W.4) ��- �lo O1m Col a-1 V.1S • ?J "3 CaNmo • 557W a3AOCNV MlaON -",v 5,7 o/, I/&.;,c/ 'Ptv 40 rs v'l V r4 N QQ'l' {otL e to i 0 6 it W I OOS'070 — ,cao 0 OCO'G7, -4 1+ 15 L31 d zlv% 3.1 v a 1 ZA 4710 D coo 1p. ...... .6 �!µ Lz 47 ioov LCL cj 0 I Ai -7, 4 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 directly opposileon 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." Subiect Property: MAP PARCEL Name Address 37.B 20 David Bradbury 58 Appleton Street North Andover;MA 01845 Abutters Properties map Parcel Name Address 37.B 7 Matthew Nowland ��/n� 158 Dale Street North Andover,MA 01845 6` 4 6 372 8 Maria Dowd 4118 Dale Street North Andover,MA 01845 37.B 15 Mark Woffenden 08 Dale Street North Andover,'MA 01845 37.B 16 Felipe Schwarz PO Box 5 North Andover,MA 01845 37.B 17 Hunt Family Realty Trust L I� Dale Street North Andover,IMA 01845. 37.B 18 Mary Moynihan [,5555 Lone Eagle Court Haymarkey,VA 20169 37.B 19 Terrie-Ann Cahalane X1653 Dale Street North Andover,MA 01845 37.B 21 George Boutselis LX0 Appleton Street North Andover,MA 01845 37.B 32 James Phelan t-97-Appleton Street North Andover,MA 01845 37.B 33 Elizabeth Trainor X95 Appleton Street North Andover,MA 01845 372 34 John Vellante NWAppleton Street North Andover,MA 01845 37.B 40 Roxy Realty Trust L.28 Appleton Street North Andover,MA 01845 37.B 41 David Brucato \,.44-Appleton Street North Andover,MA 01845 37.B 46 Dyer Trust gWCI"Appleton Street North Andover,MA 01845 37.B 47 Eleanor McClellan-Dickson L2'f Appleton Street North Andover,MA 01845 Mass Electric Company L-2-5 Research Drive Westborough,MA 01582 Date 5/4/2006 Page 1 of t This certifies that the names appearing on the records of the Assessors Office as of .ja-w^o- (, a o e 6 Certified Date 6 4 r� PH ffid gutM mom -=_ - = =---- ■�■ mom mom _ -t = ■�.■ MOM moo Mon Mon mom MOM loan ONE - ME KIM , WE m me Appoon I , -- ------------------------=---_--------- - ---- -- ----- I■■■ ■■■II _-__—--__=____ .. 'a' -..�_ :... _. - - .,�. ��-, �._�+• -�._.:�:-....,.;sa.4�-� -sem...r.a...> -'--r^T' - .. Sun KrzOinirq 10'-IZ" -- Oen - --------- -------- 13ed Kifchen G n Ocd ® Livi l3afh Gar orf O 5' 15f Floor fxl511ng 10'-12" Family Kilchen lo be modified � Pantry U Q D u G 17 N GL. 28' LLLng 51ud ol 0 3G'-Z„ Z4' 6O,_Zn l5f Floor Pro posed Po" 71 '4� 38,,8„ [3D MaSfer#I r'- 5ilfinq 33'-� l �� GL. GL. �l� GL. O IEI- ON .— 26, lied-#5 I I IL Aur 51oraqc I I -'51mve 00, :Znd �Ioor Propo5cd f �I PLAN OF LAND IN LOCUS:NO SCALE NORTH ANDOVER, MASS. OWNED BY p S1. DAVID BRADBURY SCALE. I"=30' DATE:4/25/2006 Focus x SAA` 0' 30' 60' 90' PP4��o� oy t Scott L. Giles R.P.L.S. Frank. S. Giles R.P.L.S. 50 Deer Meadow Road North Andover, Mass. Get, THE ZONING DIST. IS R1. 87,120 S.F.AREA P 37 BY REP�T� 175'FRONTAGE MP FAME 30'SETBACKS ALL AROUND. UrIT 0, jou. MAP 37 B, PARCEL 18 MOYNIHAN FAMILY TRUST MAP 37 B, PARCEL 20 21,715 S.F. Z T N Z m N_ m w o MAP 37 B, PARCEL 19 o , CAHALANE m EXIST. HSE. 12' m FND. 12' GqR. 0 N i 0 PROP)GAR. O 39' #5s 9' 24' I �D 125.0' APPLETON STREET THIS IS TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS IN PREPARING THIS PLAN THE PROPERTY LINES SHOWN ARE THE NORTH ANDOVER LINES DIVIDING EXISTING OWNERSHIPS,AND THE LINES OF STREETS AND WAYS SHOWN BOARD OF APPEALS ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,AND NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. LZH OF � yG L S y . 13972 �Ce�E�E® i DATE OF FILING L LA DATE OF HEARING: DATE OF APPROVAL: o TOWN OF NORTH ANDOVER SPECIAL PERI�A�, ZONING BOARD OF APPEALS. 260E 1l Y 25 �� '10: 51 NAME19` It� � ADDRESS OF APPEAL ,L � 57- _ L: 't'� Cierfc Time Stamp 50, j(IJ! ,r.•? . - A Q1 1 ` _ 1"F�:rvS �SP,I , Procedure & Requirements for an Application for a Special Permit Ten(10) copies of the following-information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty U days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: j 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 thethe applicant for a hearing date and prepares the legal Zoning Board of.an application as incom lete:" - 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 j 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 complete itemsthat.are underlined. . } STEP T.:`.DELIVERY OF LEGAL NOTICE TO .. :, STEP 1: ADMINISTRATOR PERMIT DENIAL: NEW$PAP gR, ! The petitioner applies for a Building Permd 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 newspaperfor publication: ja ' PUBLIO HEARING BEFORE.THE ZONING STEP Z• SPECIAL PERMIT APPLICATION FORM Petitioner completes an application forrri to petition the BOIL OF APPEALS, LL Board of Appeals for a Special Permit AI{information The petdioner should appear in his/her behalf, or be j as required in items 1�through and including 11''shall be represented by air agent or attorney.;in the absence of completed. an ap arance without due cause on behalf of the Y Pe. 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 General Law ch.,40A sec--1 ,-wrthin_twenty,(20)days- a-eertrfter#-list=ef-Parties-in-lflterest:(abutters}.;--_=--= after theAecision;is fit-ed wah:fhe Town aer c 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 o' to be certified by the Town Cleric with the time and date the decision, Mylar, and any accompanying plans at the of filing.` The or{ginal will be left at the Town Clerk`s Essex County North Registry of Deeds, 381`Common Office, and the 10 Xerox copies will be leftwith 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: ; 978-588-9533 Office of Community Dev. &Services North Andover Town Hall 1600 Osgood St., Bldg. 20, Suite 2-84 120 Main Street North Andover, MA 01845 North Andover, MA 01845 97 -' 8-9542 fax for all Community Development offices I T U E 0 978-688-9545 Building Department 978-688-9501 Town Clerk's Office I 978-e88-9541 Zoning Board of Appeals Office 978-688-9568 Assessor's Office MAY 2 5 2006 PAGE 1 of E4 I ' 130ARD OF APPEALS I li Page- 3of4 _ NG BOARD OF APPEALS I' canon for a SPE C1AL PER NORTH ANDOVER ZONI Mt � { ck 8 . Lot Setba i 6A. Existing Logo).-. Frontage Parking- Minimum Area Open Space Percent Lot` Front Side A -Side B Rear Lot p a Feet Sp � Cov a e a Sq: Ft. S Ft: 9 6B. Proposed ed Lot( S): i _ Frontage Parking Minimum Lot Setback B Rear Lot Area Open space Percent LotFeet Spa Fro n Side A S Cover ge Ft. a � J o —f;`- _1 1 19� � - _ %Lot: As r uired by Zoning Bylaws&Table 2)) Required eq C. Re w ( _ 6 - q Mirnmum'Lot Setback Frontage. Parking: e B r 9 . id �A- S Lot Area open Sq Ft ipaceercent Coe ems;, Feet Sp Front S� <: iJ --VA —' ": 7A. Existing Buildings) Number al Use of f Units N umber of Tot o Flow: " Ground,FI - Square feet Floors Sq.feet Building t7777777 777� Reference Uses from.the Zornng Bylaws 8, fable 1:: **State number of unit building:. 7B Proposed Building(s): Number Ground Floor Number'of Totai Use of of Units"* Square feet Floors. Sq fBuildi eet ng •Reference Uses from the Zoning Bylaws&'Table 9 **State number of units in building. 8. Petitioner and Landowner signature(s): eels. Ever' Every application for a Special Permit shall be made on this form,which is the offiaai form of'the Zoning Board of App ortinl application shall be filled with the Town Clerk's Office: it shall be_the responsibility of the petitioner to furnish all Supp al, app of this application received by the Town Clerk or the Zoning Board of Appeal', documentation with this application. The dated copy expenses for filing and legs does not absolve the applicant.from this responsibility. The petitioner shall be responsible'for all expen ulations ma? notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Reg result in a dismissal by the Zoning Board of this app li on as incomplete. Signature—. Type abovenames here. Page 3,-of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMI 6A. Existing Lot(s): . - Lot Area Open Space Percent Lot Frontage Parking, Minimum Lot Setback Sq. Ft. � Sn Ft. Co v age : Feet Spa Front Side Ai Side B Rear IA 51 _z25 613. Proposed Lots) F Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback 'L F� 9 verage - Feet 119 C Spa Fro Sid Si Rear 6C. Required.red Lot:(As required bYZo Zoning Bylaws&Tab1 2) 1 _ f Lot Area Open Space Percent Lot Frontage ParkingLr' Minimum Lot Setback Sq.Ft. !Sq Ft Cover ar Feet Sp Front Si A. Side B' % 7A. Existing Building(s): a Ground Floor Number of, Total Use of Number Squarefeet Floors . _ Sq.feet; Building' of Units"'. _ E *Reference Uses from the Zoning Bylaws 8 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'" *Reference Uses from the Zoning Bylaws&Table-!. "State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be-made on this form, whichr is the official form of the Zoning,Board of Appeals. Ever application shallbe 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 theiZonirtgL Board of Appeal; does not absolve the applicant from this responsibility. The petitioner shall be responsible for all`expenses for filing and lega notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations maj result in a dismissal by the Zoning Board of thisappli on as incomplete: Signature of Twe above name(s)-here. I'>A ire 1Z�lS y SPECIAL PERMIT PAGE 4 OF 4 9. WRITTEN DOCUMENTATION *10. 6:"Plan Specifications: - n not 'es of a la er copies Application fora Special Permit must be supported by a >7 Size.of plan: Ten:(10)•pap p F legibly written or typed memorandum setting for thin in to exceed I W". preferred scale of 1"=40' detail'all facts.reled upon; When requesting a Special One{1)Mylar Permit from the requirements of MGLA ch. 40A,and the >m Plan prepared by_a Registered Professional 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, 14,are required to be Mylar: addressed with this application. '10 Q *Features To Be Included On Flan: [l Site-Orientati on shall include, 1.The particular use proposed for the land or structure. 1. north point 2. The specific site is art appropriate location for such 2. zoning'di%n.. (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 S: The`usa is;:in harmony with the purpose and intenfof t T deed fesirictions; easements- Zoning Bylaw. ll)Legend&.Graphic Aids: 6. Specific reference and response to the criteria 1. Proposed'features in,solid lines.&outlined in sed 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 especial Permit has +.inigi.ie rriteda and submittal 4. Date of Pian requirements.). 5. Title of Plan 6. Names addresses and'phone-numbers of the. applicant; owner-or record, and designer or. 10. PLAN OF LAND " surxeyor Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans 100. Minor Projects must he submitted.wifh=.least ion-to the Town: Minor protects; such'as decks,sheds, and garages:, . clerk's office and SBA thirty(30)-days " shall require only the plan information as indicated with prior to the public hearing before the Zoning-Board':of ppe;�ls: 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/andlor a A Notification fees: Applicant shall provide a change in us heck oTown of North Andover r money order to:,;" - mR c0- retu481 `,_ forrtYre�ost�of-fir'st-ctass eetitfteef,— 10 A. Major Projects a rpt ($4.42 as of-November 2003)x#of all parties in interest identified in MGLA ch. 40A §11 on the Major projects:are those which involve one ot.the abutter's list for the legal notice check. Also; the following whether existing or proposed applicant shall supply first class postage stamps I)five or more parking spaces, (currently 37ej x the#of parties of interest on the fO three (3) or more dwelling units: abutter's listfor, decision mailing !11►2000 square*.eel of building area: fi Mailing Iatiels Applicant shall provide four(4) sets of mailing labels no larger.than.1"x2-5.18°.(3 copies - ^ . i maiiing .,g py. ';4ajor Proterts.shall require that in aodition to the above for_tha La al inailing,and one co for the Qecision `,-atures, Glans must scow dctarlcd.utilitiIs, Soils,and ;�oyraNi�ic information. c 2405 Ri /ised Fr_.e Schc�i+lle. X444 A Special Pennit once granted by the ZBA will lapse in 2(two) years if not exercised and a new petition must be submitted. F-f F F NORTH Zoning Bylaw Denial Town Of North Andover Building Department 1600 Osgood St. North Andover; MA. 01845 9.95 4T.0'�Pt .. s ""5� Phone 978-688-9545 Fax 978-688-9542 Street: 58 Appleton Street Ma /Lot: 373/20 Zonin District R4- Applicant: =1 A licant: David J.Bradbury Request: 2"a.floor&garage addition . Date: 5-17-06 Please be advised:that after review of-•your Application and Plansthat,you rAppl!cation is DENIED for the following Zoning,Bylaw,reasons: Zoning: _ item Notes Item Notes " . . :.:. A Lot Area F. Frontage 1 Lot area Insufficient X 1 Frontage Insufficient X 2 Lot Area Preexisting X 2 Frontage Complies 3 Lot Area Complies 3 Preexisting fronts g6 X 4 Insufficient Information 4 Insufficient Information g Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting X �2 Complies X 4 Special Permit Required 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply - 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient X 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks X 1 Coverage exceeds maximum .. _.. . 7 Insufficient Information 2 Coverage Complies D Watershed " 3 Coverage Preexisting- X 1 Not in Watershed 4 Insufficient-Information 2 In Watershed X j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 'Irnsufficient 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 1 Insufficient Information 4 Pre-existing,Parkin Remedy for the above is checked below. Special Permits Planning.Board Item# Variance Item Site Plan Review Special Permit C/4 Setback Variance Access other than Frontage Special Permit Parking Variance, Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoningi 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 A/12&C/4 Special Permit-preexisting-nonconforming lot &F/1,3 D/2 Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted."No definitive. review and or advice shall be:based on vertal:explanations;by the applicant nor shall such verbal explanations?by then applicantserve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the informaiion'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 ing Department Official Signature Applic ion R ceived Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative Is provided to furtheetxplain the reasons for denial for the application/ permit for the property indicated on'the'reverse side: ' s, t ��'4 �' �. v7��'�:�41� ��a£ �'��*�r� :�. �.�� 'a' � ✓ ` � ,� e 'Y £�r' �ax'a..n ''.�C-�'x ,� x a ':�� .� a � .� t *�x �y• :ry,� ,� r'S y� �'�F E i" ,�r,�`''.� �.�"'�� >r c�� a n i�a""t �i ^^ s 2+�.��y;. ��`� � ��u� �'.�' - �r�P'�� 5.g�a s { �r k' a^'r ,•- rF�".,� �`�� C/4 A Variance from Section 7.3 &Table 2 of the Zoning Bylaw is required from the Zoning'Board'of Appeals�for the proposed right side garage addition. A/15'2 & A Special Permit from.Section 9.2 is required for the extension of a pre- F/1,3 existing'non-conforming structure on"a pre-existing, non-conforming lot from the Zoning Board of Appeals. D/2 A Watershed,Special Permit through the Planning Board may be required from Section 4.136 of the Zoning Bylaw for an addition in the Watershed Protection District. 10 Referred To: Fire I Health Police Zoning Board 'Conseniation Depart M' ent'bf Public Works ., .;Planning Historical Commission Other BUILDING DEPT Town of North Andover North Andover, Ma. 01845 5/23/06 To Whom It May Concern: RE: Special Permit Written Documentation for 58 Appleton St. 1. The particular use proposed for the land or structure: Requesting a variance on the side set back dimensional requirement for the purpose of replacing an existing one-stall carport with a two-car garage with habitable space above. This is in addition to adding a second level to the current one level structure. 2. The specific site is an appropriate location for such use, structure, or condition: 1 am desirous of replacing an existing one vehicle carport with a two car garage on the East side of the house and adding a second level to the current house structure; which has been deemed "Pre-existing non-conforming". Adding the garage to the North side or rear of the house would be impractical because it would involve more structure to be built, both in terms of the actual garage structure itself and in additional structure to attach the garage to the main house. It would also require a substantial extension of the current driveway to reach a garage positioned in the rear of the house. Placing the garage on the West side of the house would also be impractical because it too would encroach on a side setback and would involve the construction of an entirely new driveway. A new driveway on the West side of the house would likely involve a substantial amount of fill due to the slope of the current yard. In addition, it too would involve more structure to be built as opposed to the East side. The South side of the house, which is the front of the house, would also be impractical because it would involve a front setback issue as well as additional structure to attach the garage to he current house. 3. There will be no nuisance or serious hazard to vehicles or pedestrians: This land is set back from the road, away from vehicles and pedestrians. Proper care and clean up of the site will take place daily. 4. Adequate facilities will be provided for the proper operation of the proposed use. The proposed additions to the current house would not require the extension of any public facilities such as sewer, water, or paving. Utilities for the proposed additions are currently in place and the recent hookup to the town sewer system has alleviated any concerns involving an increased amount of stress on the previous septic system. 5. The use is in harmony with the purpose and intent of the zoning by-law: It is my understanding that the intent of the side setback requirement is to provide sufficient distance between dwellings in the zoning district. The relief being sought does not substantially denigrate or impose upon our neighbors,who border us with their driveway and two stall-detached garage. In addition there is an abundance of open space for both lots. 6. Specific reference and response to the criteria required by the particular special permit for which this application is made: The criteria for this special permit being requested for the extension of a pre- existing non-conforming structure is based upon an appeal of hardship caused by living space/conditions. The house was originally built to comply with previous zoning requirements. Since that time, set back requirements have been increased, causing the house to be deficient in a right side setback. The current carport is impractical, because it provides limited shelter from the elements and with the location of the chimney inside the area of the carport, it is impossible to utilize the full length; Vehicles must be parked with a portion exposed to allow for the opening of doors. The addition of a second floor to accommodate more bedroom space is essential with a growing family; which has already exhausted the current living space. Sincerely, � �A David J. Bradbury Abutter to Abutter( ) Bur7ding Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing REQUIREh1ENT: MGL QA.section 11 states in part Parties in Interest as used in this chapter sham mean the petitioner, abutters,owners of land directly opposdeon any public or private way.and abutters to abutters within bum hundred(300)feet of the property fine of the petitioner as they appear on lire most recent applicable tax list,not withstanding that the lad of any such owner is boated in another city or bvm.the planning board of the city or bvm,and the planning board of every abutting city or town' Subject Procertr MAP PARCEL Name Address 37.8 20 David Bradbury 58 Appleton Street North Andover,MA 01845 Abutters Properties MaD Parcel Name Address 37.B 7 Matthew Nowland 158 Dale Street North Andover,MA 01845 37.B 8 Maria Dowd 128 Dale Street North Andover,MA 01845 37.B 15 Mark Woffenden 228 Dale Street North Andover,MA 01845 37.B 16 Felipe Schwarz PO Box 5 North Andover,MA 01845 37.B 17 Hunt Family Realty Trust 133 Dale Street North Andover,MA 01845. 37.B 18 Mary Moynihan 5555 Lone Eagle Court Haymarkey,VA 20169 37.8 19 Tenie-Ann Cahalane 153 Dale Street North Andover,MA.01845 37.6 21 George Boutselis 90 Appleton Street North Andover,MA 01845 37.B 32- James Phelan 97 Appleton Street North Andover,MA 01845 37.B 33 Elizabeth Trainor 95 Appleton Street North Andover,MA 01845 37.B ,34 John Vellante 59 Appleton Street North Andover,MA 01845 37.B 40 Roxy Realty Trust 28 Appleton Street North Andover,MA 01845 37.B 41 David Brucato 44 Appleton Street North Andover,MA 01845 37.B 46 Dyer Trust 41 Appleton.Street North Andover,MA 01845 37.B 47 Eleanor McClellan-Dickson 21 Appleton Street North Andover,MA 01845 Mass Electric Company 25 Research Drive Westborough,MA 01582 r Date 5/4/2006 Page 1 of 1 This certifies that the names appearing on the records of the Assessors Office as of ' �a f'r aoa6 Certified Date 1,/) 6 Residential Property Record Card PARCEL_ID:210/037.8-0020-0000.0 MAP:037.B BLOCK:0020 LOT:0000.0 PARCEL ADDRESS:58 APPLETON STREET PARCEL INFORMATION Use-Code: 101 Sale Price: 292,500 Book: 06952 Road Type.- T Inspect Date: 09/23/2002 Owner: Tax Class: T Sale Date: 07/18/2002 Page: 0327 Rd Condition: P Meas Date. 09/23/2002 BRADBURY, DAVID Tot Fin Area: 1190 Sale Type: P CertlDoc: Traffic: M Entrance: C Address: Tot Land Area: 0.5 Sale Valid: Y Water: Collect Id: RRC Grantor: _ LAMBERT,CLEMENTINE -Sewer: -- _ Inspect Re" 58 APPLETON STREET NORTH ANDOVER MA 01845 Exempt-B/L% / Resid-B/L% 100/100 Comm-13/1,890 Indust-B/L% 0/0 Open Sp-B/L% 0/0 RESIDENCE INFORMATION LAND INFORMATION Style: RN Tot Rooms_: _ 5 Main Fn Area: 1190 Attic: -NBHD CODE: 5 NBHD CLASS: 5 ZONE: R2 Story Height: 1 Bedrooms: 2 Up Fn Area: Bsmt Area: 1190 Sig_ ._ Type Code Method Sq-Ft . µAcres Influ Y/N Value Class Roof. G Full Baths: 1 Add Fn Area: Fn Bsmt Area: 1 P 101 S 21715 0.5 166,560 Ext Wall: WS Half Baths: Unfin Area: Bsmt Grade: VALUATION INFORMATION Masonry Trim: Ext Bath Fix: Tot Fin Area: 1190 Current Total: 302,800 Bldg: 136,200 Land: 166,600 MktLnd: 166,600 Foundation: CN Bath Qual: T RCNLD: 113504 Prior Total: 282,100 Bldg: 127,900 Land: 154,200 MktLnd: 154,200 Kitch Qual: 1 Eff Yr Built: 1965 Mkt Adj: 1.2 . Heat Type: HW Ext Kitch: Year Built: 1956 Sound Value: Fuel Type: G. Grade: A Cost Bldg:_ 136,200 Fireplace: 1 Bsmt Gar Cap: Condition: A Att Str Vail: Central AC: N Bsmt Gar SF: Pct Complete: Aft Str Val2: Aft Gar SF: %Good P/F/E/R: /1001100/77 Porch Tyne Porch Area Porch Grade Factor E 150 SKETCH PHOTO isE 10 150 S%F%. 10 10 No Picture FM 1190 Sq.1%. 8 12 NELL 24 , lI C 16 252 Sq.Ft 21 21 Parcel ID:210/037.13-0020-0000.0 as of 5/19/06 Page 1 of 1 PLAN OF LAND 1N LOCUS:NO SCALE NORTH ANDOVER, MASS. OWNED BY DAVID BRADBURY Ste. oP� e� LOCUS X SCALE: I"=30' DATE.4125/2006 P 'S?oq Q' 30' 60' 90' Scott L. Giles R.P.L.S. Frank. S. Giles R.P.L.S. 50 Deer Meadow Road North Andover, Mass. SL THE ZONING DIST. ISR?.7,120 S.F.AREA 13 PARCT'TRUST 875 FRONTAGE MAP 3'IP REAS 30'SETBACKS ALL AROUND. HUNT FA 140,0 1 . MAP 37 B, PARCEL 18 MOYNIHAN FAMILY TRUST MAP 37 B, PARCEL 20 21,715 S.F. z m z m z zCn 2g�- MAP 37 B, PARCEL 19 O CAHALANE m EXIST. HSE. 12' FND. n12' GAR Q #58 PROP)GAR.N 39' 24' io a 125.0' APPLETON STREET THIS IS TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE THE PROPERTY LINES SHOWN ARE THE REGISTERS OF DEEDS IN PREPARING THIS PLAN NORTH ANDOVER LINES DIVIDING EXISTING OWNERSHIPS,AND THE LINES OF STREETS AND WAYS SHOWN BOARD OF APPEALS ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,AND NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. Ea 19 OF v LS • 13972 DATE OF FILING: so��d LAO�V DATE OF HEARING: DATE OF APPROVAL: I I 1 ------------ -- ------------- ---------- --- -- -- - - ----- -------------------- - --------- ----=_- --------------__ - -- - -------- -- -- - -- ---------_=---------- ------------- ------------------------ --------------- --- - - - --- - - - - --- ------------ -------------- - -- --------- -- ------ - ---- -------- ------------ ---- ---------------------------------------------- - --- - --- - --- --- ---- --- ---------------------------- - -------------------------- ---------------------------- - - ----------------- - ------ ------------ ------------ --------------------- ----------------- - ------------- -- - --- - --- --------- ---- -- - ---- ------- ------- - -- - ---------------------------- ------ ----------------- --- ----------- - -------- --------- ---------- ----------------- - ---- --------- ---------- - ------------------- --=—=_= - ---------------- ---- -------- ---====_________- --------------------_=====_==_=e— - ----------------- - -- -------------- -------- ----------- ----------------------------------------------------- - -—-------------- --------------- --- ------------------------------------------ -------------------- ---------- ---------- -------------------- ---- -- - ---------- ------------ -------------- ------------------- ----------------------------------- ------- ------------------- ------------- ------------------ ---------- ------- - --- ----- --------------- -- Mqmfth 0= ----------- - ------ ----- ---------- ■ a =---- son MEMO -- on IN R �::I ■ — Sommml — son ='-1111 111 loll Ill toll 1!1 �g 1111 Noll , son I■so] Lin loll 1!1 Hill so■ ARK MINIM OEM ---------------- ---------- ------ - --------- - ----- ------------------------------------ - - ------------ -- -- - --- -- ---- --------------- ------------------------ --------- ---- - - - - - - -- - - --------- -- - ---------- -------- ---------------- --------- -------- --------------------------- --- - - --- - - - ---- ----------- -------- ------ -- ------------------------------ - ------ - ------ ----------- --- - - ------ --------- ------------ ------- ---------- -------- ----------- ---- -- -E: 7-hc--,e Plan--, are inlended fof Me u--,c of a lic- = n--,cd conlraclof,# E NINE N07 1he re--,pon--,ih&Iy of Me con1faclof/o vcfify compliance wilh dl local buildirq Z code��,1Iof-A--own--f1,conlfacIor lo vcfify dif,)cn--,ion--,, pfopo--,,Cd 1Cyoul and buildirAl molefial--,/o be u--,ed prior lo pfocceding wilh con--,Ifuclion, pf0jed: f ufy C-.5/ ence -------------- 558 Appldon-'51, Nodh Andover, NA 0 18-1 �...�I...----------------- � EE quo Mho ------- ---------------------- ------ -----------_-----------_----------- ----------- ------ -------- ----------- ------- ----------- ----------- ---------- ------ -- Ron -e-- ■■■ �_ _____--_-_-_- —= �ii�■■i ■a■ — — ■■■ iie e=-=_=_=__=__- =_ ■■■ s::■:■—= =■■ ===L■i■ff■e ■1■1■1ELM = ■J LI MEN[ ■ i ■■■ AM-NJ ■■■ ■■■ = -- ■i■ ■■■ =lsonJ ■U■11151 ■.� = �o �s �►e � 11 '5un Pm. Mini rg /01- / Pen ----------------- Pcd 33' 92„ Kilchen fled ® Living Palh Gofpofl FloorExl3Iinq -x5cc ik: -;5/1611 , poll m-w u, 77 lot Family Kilchen /0 be rx)dificd --—-—-—-—-—-—-— -—-— - -—-—-—-—-—-—-—-—-- P-nly O ---ti L-ivinj Study Garoqc o F-j 601-of /5/ Floor Prop05cd 5co/c: poll - ._ s _ D--afh- Ded#q- DO U - ti C� MaSfe�#/ � tamdfy G M.Dafh G 5iffinq ti 33'-92" GL. GL. �ti GL. O �1. G DN GL. j I 2 I I 1 Zg' Ded#3 Ded#2 GL. 1 f UP �1� 5lora�e I I 5/oia?e I I � Znd Floor PrOp05ed Scale: 3/l6" - 1'O" PLAN OF LAND IN LOCUS:NO SCALE NORTH ANDOVER, MASS. OWNED BY 1p y1. DAVID BRADBURY Ste` oP` e�P4 LOCUS x �� SCALE: 1"=30' DATE.'412512006 0' 30' 60' 90' PQP�ti IPA N Scott L. Giles R.P.L.S. Frank, S. Giles R.P.L.S. 50 Deer Meadow Road North Andover, Mass. THE ZONING DIST. IS R1. GEL 1 UST 87,120 S.F.AREA 3� B, SEA TY TR 175'FRONTAGE MAP &�Y 30`SETBACKS ALL AROUND. NVNT F 100,0 MAP 37 A PARCEL 18 MOYNIHAN FAMILY TRU$T MAP 37 B, PARCEL 20 21,715 S.F. z Ti z N m N z a z 29' ° MAP 37 B, PARCEL 19 1�, CAHALANE m EXIST. HSE, 12' FND. C� � qR. 0 39 #58 PROP1 GAR.N I 19' 4' io 125.0' APPLETON STREET THIS IS TO CERTIFY THAT I HAVE CONFORMED WITH THE RULES AND REGULATIONS OF THE THE PROPERTY LINES SHOWN ARE THE REGISTERS OF DEEDS IN PREPARING THIS PLAN NORTH ANDOVER LINES DIVIDING EXISTING OWNERSHIPS,AND THE LINES OF STREETS AND SHOWN 8 0ARD OF APPEALS ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,AND NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR NEW WAYS ARE SHOWN. .. 13972 0� DATE OF FILING: DATE OF HEARING: ¢ /•Lg 1 Z�jo�O DATE OF APPROVAL: