HomeMy WebLinkAboutMiscellaneous - 707 WAVERLY ROAD 4/30/2018 (2)N O,vjr) I) e,�,5tor Q 40 A1$4@esft1. - 0 . arm Dodgy a� 0 % W4Vev aoov-oar I Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 This is to certify that twenty (20) days have elapsed from date of decision, filed without filing of a a peal Any appeal shall be filed Notice of Decision Date�T/./r'.e_ U20-19( within (20) days after the. Year 2004 Joyce A, Bradshaw date of filing of this notice Town Clark in the office of the Town Clerk. Pro at: 707 Waverley Road NAME: David Webster HEARING(S): September 21, 2004 ADDRESS: 707 Waverley Road, PETITION: 2004-025 North Andover, MA 01845 TYPING DATE: September 27. 2004 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street, North Andover, MA on Tuesday, September 21, 2004 at 7:30 PM upon the application of David Webster, 707 Waverley Road, North Andover, MA requesting a Variance fitom the requirements of Section 7, Paragraph 7.3 and Table 2 for dimensional relief of front and side setbacks in order to construct a garage and a breakfast room; and a Special Permit from Section 9, Paragraph 9.2 in order to extend a pre-existing, non -conforming structure on a pre-existing, non -conforming lot. The said premise affected is property with frontage on the West side of Waverley Road within the R-4 zoning district. The legal notice was published in the Eagle Tribune on September 6 & 13, 2004. The following members were present: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, and Albert P. Manzi, III. The following non-voting members were present: Thomas D. Ippolito and Richard M. Vaillancourt. Upon a motion by John M. Pallone and 2°d by Joseph D. LaGrasse, the Board voted to GRANT a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for relief of 7' from the South side setback in order to construct -the proposed 1 -story garage and breakfast room; and GRANT a Special Permit from Section 9, Paragraph 9.2 in order to allow a pre-existing structure to be extended by a one-story attached garage and breakfast room on a pre-existing, non -conforming lot per Variance Plan, 707 Waverly Road, North Andover MA, Assessors Map 27, Parcel 2, Prepared for David & Anne Webster, Date: August 18, 2004 by James E. Franklin, P.L.S. #37045, New England Engineering Services, 60 Beechwood Drive, North Andover, MA and Owner: David Webster, by New Nature Design, Garage Addition, Existing Conditions, Garage Addition, Plans, Garage Addition, Building Elevations, and Garage Addition, Framing Plans with the following condition: 1. The ground to height elevation of the addition shall not exceed 181. Voting in favor: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, and Albert P. Manzi, III. The Board finds that the petitioner has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw because of the narrow shape of the lot, the existing left side concrete foundation, the walk -out cellar door in the rear, and the sloping back yard and finds that the granting of this variance will not adversely affect the neighborhood or derogate from the intent purpose of the zoning bylaw. The Board finds that the proposed addition extends less into the front setback than the existing structure. Also, the Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.2 of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Paget of 2 True Copy I C) VTI Clprli �a W Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-6,88-9530 Health 978.688.9540 Planning 978-688-9535 Town. of North Andover Of NORTa Office of the Zoning Board of Appeals ;? •''���'�' �` Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Are* D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax(978)688-9542 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, d. ajn L Ellen P. McIntyre, Chair Decision2004-025. M27P2. Page 2 of 2 .I 1 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 , //// / �—�� / / /' ."~ E�sex North County Reuistry of Deeds 381 Common Street Lawrence, Massachusetts O1840 1O/2O/O4 � � WEBSTB� KM 027Rec: PL 50.00 DOC. 48728 C. P. 2O.00 R. D. 5.00 # 28 Rec: Type DECN 510--"--- DOC. O.00DOC. 48729 C. P. 2100 i R. D. 5.0O \ � Total! 150.00 # 29 KIM Check 150.010 THANK YOU! Thomas J. | Reu`ster of Deeds Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Any appeal shall be filed within (20) days after the date of filing of this notice Notice of Decision Year 2004 Telephone (978) 688-9541 Fax (978) 688-9542 in the office of the Town Clerk. Pro at: 707 Wa Hey Road NAME: David Webster HEARING(S): September 21, 2004 ADDRESS: 707 Waverley Road, PETITION: 2004-025 North Andover, MA 01845 TYPING DATE: September 27, 2004 The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center, 120R Main Street, North Andover, MA on Tuesday, September 21, 2004 at 7:30 PM upon the application of David Webster, 707 Waverley Road, North Andover, MA requesting a Variance from the requirements of Section 7, Paragraph 7.3 and Table 2 for dimensional relief of front and side setbacks in order to construct a garage and a breakfast room; and a Special Permit from Section 9, Paragraph 9.2 in order to extend a pre-existing, non -conforming structure on a pre-existing, non -conforming lot. The said premise affected is property with frontage on the West side of Waverley Road within the R-4 zoning district. The legal notice was published in the Eagle Tribune on September 6 & 13, 2004. The following members were present: John Ni Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, and Albert P. Manzi, M. The following non-voting members were present: Thomas D. Ippolito and Richard M. Vaillancourt. Upon a motion by John M. Pallone and 2`4 by Joseph D. LaGrasse, the Board voted to GRANT a dimensional Variance from Section 7, Paragraph 7.3 and Table 2 for relief of 7' from the South side setback in order to construct the proposed 1 -story garage and breakfast room; and GRANT a Special Permit from Section 9, Paragraph 9.2 in order to allow a pre-existing structure to be extended by a one-story attached garage and breakfast room on a pre-existing, non -conforming lot per Variance Plan, 707 Waverly Road, North Andover MA, Assessors Map 27, Parcel 2, Prepared for David & Anne Webster, Date: August 18, 2004 by James E. Franklin, P.L.S. #37045, New England Engineering Services, 60 Beechwood Drive, North Andover, MA and Owner: David Webster, by New Nature Design, Garage Addition, Existing Conditions, Garage Addition, Plans, Garage Addition, Building Elevations, and Garage Addition, Framing Plans with the following condition: 1. The ground to height elevation of the addition shall not exceed 181. Voting in favor: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, and Albert P. Manzi, III. The Board finds that the petitioner has satisfied the provisions of Section 10, paragraph 10.4 of the Zoning Bylaw because of the narrow shape of the lot, the existing left side concrete foundation, the walk -out cellar door in the rear, and the sloping back yard and finds that the granting of this variance will not adversely affect the neighborhood or derogate from the intent purpose of the zoning bylaw. The Board finds that the proposed addition extends less into the front setback than the existing structure. Also, the Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.2 of the zoning bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood. Pagel of 2 11J � W Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Building Commissioner Telephone (978) 688-9541 Fax (978) 688-9542 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. Page 2 of 2 it -, 6 i7/( Town of North Andover Board of Appeals, x Ellen P. McIntyre, Chair Decision2004-025. M27P2. -a rr1C_: W W Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-088-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 D. Robert Nicetta Telephone (978) 688-9541 Building Commissioner Fax (978) 688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main, Street, North Andover, MA on Tuesday the 21 st of September, 2004 at 7:30 PM to all parties interested in the appeal of David Webster, 707 Waverley Road, North Andover, MA requesting a Variance from the requirements of Section 7, Paragraph 7.3 and Table 2 for dimensional relief of front and side setbacks in order to construct a garage and a breakfast room; and a Special Permit from Section 9, Paragraph 9.2 in order to extend a pre-existing, non -conforming structure on a pre-existing, non- conforming lot. The said premise affected is property with frontage on the West side of Waverley Road within the R-4 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA, Monday through Friday from the hours of 9:00 AM to 4:00 PM. By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle Tribune on September 6 & 13, 2004. ti Legalnotice 2004-025. WM. C_= G; vosD^� o 3.fN-w Amo 1D 1Z v M1 :4 w O A-M-1rn 3 1m ao o x ov m m m- m D:e •iagcn(��y� 1'� 5; ,r C1 m� �m�m cmomm�Qco��c,<om iib D mmvm OZ R7 �� �� 'C<0 o�<wc.-<y °dm�o'c° S°y�,C CD 102< �°mo m°ZnOr/� rnmv-m�mDm �o DmacD° �w o m <� ?�oam^-wm�o�mv-`°�m mm°m�w90�g �oF�=S ra�5 Dr n �oo �v �a3c �».3KM3a ��oDdovO°o�(0° °'myaGm,Z°a (my- 0ZZZ < CD =�oC. Cbo m w°mO°3��N3�°3ao11w Nnm{y00 ID om3m-wo� vN��mvCDm �m WmS 'UDmV�Tm 06 CD 0 ���0 Oy�4ww?vaioan'O=auca�md Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688.9535 �'w'1'ti-W<7�N'+"^��..:',+-+,F�..r..—� :_.,y.:l,:���n...`.-....-.ate+:-•�K"-�v-...-_.�.s �.-•-�, t No.: 4 — 5 Date - D NORTI� Qf ���EO :61tiO TOWN OF NORTH ANDOVER o BUILDING DEPARTMENT • Cp9 ��•y i Building/Frame Permit Fee $ Foundation Permit Fee $ �e Ger f Other Permit Fee r �7qrt�J'` $ % 1 62 5 V J, r -Building ctgj-- -2,6�- ZBA 219 TOWN OF NORTH ANDOVER RECEIPT This certifies has paid #./.oal.0P..........6-K..! ...................... for wave.rle4-�....P.o.la ......... Receivedby .................................................... Department........ 2,6A ................................................................. WHITE: Applicant CANARY: Department PINK: Treasurer -Xoo y - -0 7LI''7 Ve f I pr 09/21/2004 12:08 FAX 617 669 4801 REGUS NEWTON f�001 707 Waverly Road North Andovef, MA 01845 970.881-8528 September 21, 2004 North Andover Zoning Board Dear Sir or Madam: Tonight my appeal to the zoning board will be heard. Because of my position on the board I cannot present my case. I would like to have my wife Anne Webster present in my stead. Although Anne's name does not appear on the Variance or Special Permit Application she is a deed holder on the property. Additionally she has been involved in the process from the beginning and has a good understanding of the scope of the project. Thank you in advance for your help. Sincerely, QQQ—. W — David R. Webster SEP 2 1 2004 BOARD OF APPEALS µ .RTif TOWN OF NORTH ANDOVER VARIANCE 004 `� '.a a ZONING BOARD OF APPEALS _ •. r i - it '. ..'"� / i � ti � �7,��n� if t.1 NAME: �C,b�(� WebS� `ilE� ssncHuse ADDRESS OF APPEAL: -7o? NO -a e -)-Iv Not--,Y%,uG 4A, d6v e- Ll OPIA—_ 0167LO " Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty (30) days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Board of an application as The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Permit Denial form completed by the Building Commissioner. STEP 2: VARIANCE APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Variance. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in section 10, page 4 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and 10 Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev & Services 27 Charles Street, North Andover, MA 01845 978-688-9542 fax for Community Development offices 97 8 8 1 �5(�1 �RilCepadment,D 9 noard of Appeals Office PAUG 1 9 2004 111' 'PAGE 1 of 4 BOARD OF APPEALS STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) an( for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the. Board shall decide on the matter by using the information it has otherwise receive. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office Page 2 of 4 Application for a VARIAN C E Zoning Board of Appeals 1. Petitioner: Name, address and telephone number: T)av;d Wlbs{e#- -707 Waj ei-1, (Zd. N D r fl, 46 0) OJ t'— M �9 E)1(9yS '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: Dav%d Lie10S1`4 �JOr- th AA d o,, P Years Owned Land: 3. 4. �Ae,e- b,.)e&k4_ ?O9 i 0/&qs- 178- vet- Iq 0, Location of Property: a. Street: 1 o*7 WovtrI Y 10• Zoning District b. Assessors: Map number Z-7 Lot Number: Z c. Registry of Deeds: Book Number 53 6 el Page Number: /77 Zoning Sections under which the petition for the 1 Sec- —1 (-i• / k� Table 2 - Variance Variance is made. *Refer to the Permit Denial and Zoning By -Law Plan Review as suppled by the Building commissioner 5. Describe the Variance request AQ_duc�,ovr ,`fl fL21 v; reel 5) de . �� �ac�c �lvkm 45 I ee.,L 17-5 (3 Feaj- IV I A o4 .20 n1 –Z,19 –7 y.S 0'(0 40f-4-an i F v✓ J, 5e- C,6,vL s'�,� 30 r-fej- hz) 26 4e_e� ?he above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to clearly describe the request may result In i decision that does not address the Intent of the applkant. The decision will be limited to the request by the applicant and will not involve additional items not Included above. ia, Difference from Zoning By -Law requirements: Indicate the dimensions that will not meet current _oning By -Law Requirements. (A and B are in the case of a lot split) .ot Area Open Space Sq. Ft. Sq. Ft. Percent Lot Coverage Frontage, Feet Parking Spaces Front Minimum Lot set Back • Side A Side B Rear •, j 71?S N A IV I A o4 .20 n1 –Z,19 –7 y.S 0'(0 ��o 3 of 4 lication for a VARIANCE ..Zoning Board of Appeals 6. b. Existing Lot: Number of Total Use of Square feet Floors Lot Area Sq. Ft. Open Space Percent Lot Sq. Ft. Coverage Frontage Feet Parking Spaces Front Minimum Lot set Back " Side A Side B Rear -7, 872 Ajl tq' N 14 % 60.0 2 71.x' c. Proposed Lot (S): Lot Area Sq. Ft.=-' Open Space Percent Lot Sq. Ft. Coverage Frontage Feet Parking Spaces • Front Minimum Lot set Back i 7, 8-72 % ROM Z Z7.r Side A g, a Side B Rear 3 ®• � d. Required Lot: (As required by Zoning By -Law) Lot Area Sq. Ft. Open Space Percent Lot Sq. Ft. Coverage Frontage Feet Parking Spaces Front Minimum Lot set Back • 1250 N A '7" lDD N A 30 Side A I5' Side:B Rear /S' 30 7, a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building• 00 ge-5 -J" o�cc t Qw �`yL 'Reference Uses from the Zoning By-law. State number of units in building. b. Proposed Buildings: Ground Floor Number of Total c Square feet Floors ' Sq. feet /� Z Z r 0 0 Use of Building' Res; a/ept lou/ eAk4 'Reference Uses from the Zoning By -Law. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed wit: the Town Clerk's Office. it shall be the responsibility of the peter to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the ZoningBoard of responsible for all Appeals does not absolve the applicant from this responsibility. The petitioner shall be . expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules ane Zi ulations ma uft i ismissal by the Zoning B of this application as incomplete. nature above name (s) here OA , Loa -,,I PAGE 4 OF 4 9. WRITTEN DOCUMENTATION Application for a Variance must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a variance from the requirements of MGLA ch. 40A, Sec. 10.4 and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. Each point, A -F individually, is required to be addressed with this application. A. The particular use proposed for the land or structure. B. The circumstances relating to soil conditions, shape or topography of such land or structures especially affecting the property for which the Variance is sought which do not affect generally the zoning district in which the property is located. C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions with respect to the land or building for which the variance is sought. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Ordinance. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA _application. 10. PLAN OF LAND Each application to the Zoning Board of'Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10 A. Major Projects Major projects are those, which involve one of the following whether existing or proposed: I) five or more parking spaces, II) three (3) or more dwelling units, III) 2000 square feet of building area. Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. VARIANCE *10. B. *Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x17", preferred scale of 1"=40' 11) One (1) Mylar. III) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Indicated On Plan: I) Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. H) Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer or surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisks (*). In some cases further information may be required 11. APPLICATION FILING FEES A Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1760-4841" for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 37¢) x the # of parties of interest on the abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8" (3 copies for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of $50.00 per application. ► ► A Variance once granted by the ZBA will lapse in 1 (one) year if not exercised and a new petition must be submitted.- U-1Zoning Bylaw Review Form Town Of North Andover Building Department .27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978488-9542 S#reet: rj O !� w A %J IF (I L A licant: A U t a 14 , Re nest: +�2' 54 rQa �- — G j a 6 £ A r a.✓ Date: Please be advised that after review of your Application and Pians that your Appl DENIED for the following Zoning Bylaw reasons: Zoni!Lo - Notes Item A Area1 area Insufficient 1 Fronta a Insufficient 2 Lot Area Preexistin e S 2 Frontage Complies 3 Lot Area Com ' ies 3 Preexistin fronta e 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Ins3ePreexistino Setback I-VIL Qrua ursurfrcrent e s 3 Preexisfin Hei ht Right Side Insufficient 4 Insufficient lnfornati Rear Insufficient l Building Coverage is Notes r:aajusung 4 e s Not in Watershed c S 4 jInsufflcieM Information 1In Watershed ign Lot prior to 1 0/24/94 1 Sin not allowed A Zone to be DAtPrmi..A In C Not or advice shall be bated on vxba of such is based on the PM and WwffwUon subrnittW No deflnitive review and Provide definitive answers to the above reasons for ePWiCant mor atmYl such verbal a by the applicant serve to changes to the information submitted by the aWcant 6W be Wmft Any kra for U lea' mtsbedirg infer radon, or other subsequent by mfer�ca bulbi attached document titled' ig R �" be a�� h� and �� ed he application form and rtmft1TWt poemll retain f and docrar on for the above fk. You tmtwt fik f rock n begin the r' Building Department Official Slgn� Grp � Appl�on eivedp i�gplicati 16 Town of North Andover North Andover, MA 01845 To Whom It May Concern, RE: Request for Variance; A. The particular use proposed for the land or structure: We are requesting a variance on the side set -back dimensional requirement for the purpose of constructing an addition. The addition will be used as a one car garage and a breakfast eating area. B. The circumstances relating to ... conditions ... affecting the property for which the variance is sought which do not affect generally the zoning district in which the property is located: We are desirous of building an addition which includes a garage. Our lot is small. It is impractical to build the garage on any side of the house except the side with the existing driveway. The land to the south of our house is the most suitable for an addition; however it is close to the side set -back requirements. C. Facts which make up the substantial hardship, financial or otherwise, which results from literal enforcement of the applicable zoning restrictions: The town's current zoning laws require a 15' set back on the sides of the property and 30' set back on the front of the property. Because this is an older established neighborhood it is impossible to purchase additional land to meet the minimum requirements. D. Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public good: The south side of the house which the new addition will be added to is adjacent to a two family house which is non owner occupied. That house only has one window on the side facing the proposed addition. The new addition was designed specifically with structural aesthetics in mind. I believe it will enhance the beauty of the house and increase the value. I have spoken with our neighbors and we agree that the proposed addition will meet the growing neighborhood standards. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from the intent or purpose of the zoning bylaw: It is our understanding that the intent of the side set -back requirement is to provide sufficient distance between dwellings in the zoning district. In our case, our neighbor on the side of the proposed addition has over a 20' side setback to our property. We are asking for 8' into the 15'side requirement and 2' into the 30' frontal requirement. Therefore the distance between the proposed addition and the neighbor will be about 30'. Additionally the proposed breakfast room has an existing block foundation measuring 12' X I/ 12'. At one time that area was enclosed and used as a mudroom. We will be restoring that former structure with the addition of a garage. F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application: Not Applicable Abutter to Abutter ( x ) 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 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 27 2 David Webster 707 Waverley Road North Andover, MA 01845 Abutters Properties Map Parcel Name Address 27 1 Edwin Rodgriuez (/432 Winthrop Avenue 27 3 Julie & Viola Ronald Diliegro x ,onl Waverley Road 27 4 Philip Parsons \/697 Waverley Road 27 5 David Correlle \_,891 Waverley Road 27 7 Farit Nizamov V671 Waverley Road 27 15 S P & L J Connolly, Trustees ti420 Winthrop Avenue 27 30 Telemachus Demoulas, Trustee kOF75 East Street Tewksbury, MA 01876 27 32 Telemachus Demoulas, Trustee 75 East Street Tewksbury, MA 01876 27 34 Diane Letizio —22 West Shore Road Windham, NH 03087 23 2 Trustees of Reservations 1J 2 Essex Street Beverly, MA 01915 23 41 Kenneth & Maricela Corrao 1,j738 Waverley Road North Andover, MA 01845 This certifies that the names appearing on the records of t�e Assessors Office as of 1. I Zai -�, Certifi d bate o Page 1 of 1 GARAGE ADDITION EXISTING CONDITIONS 01 °AMD VEBM n We aclua",r '"` f GARAGE ADDITION PLANS DAMD YYEBSIER "'� „o„E aaaa ooimr�as GARAGE ADDITION 0am wo FRAMING PLANS DAM VEBSTM TONIN OF NORTH ANDOVER ZONING BOARD OF APPEALS NAME Da ✓.`. J Lo Ppb s wi✓ 76''7. tJ Procedure & Requirements for an Application for a Special Permit Ten (10) copies of the following information must be. submitted thirty 30 days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an.application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a.Permit Denial form completed by the Codes Administrator. STEP 2:, SPECIAL PERMIT APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Special Permit. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 4: LIST OF PARTIES IN INTEREST: The petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: NOf�TM SPECIAL PERMIT �, I _ � SSACHE75k JVY P-/% AtWOVf-N .fie,' '' T- lI511 t;'JG 20 A e. 51 STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picl(s up the legal notice from the Office' of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the ' petitioner, the Board shall decide on the matter by using the:information-if has otherwise receive. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General taw ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Petitioner submits one (1) original and 10 Xerox copies STEP 10: RECORDING CERTIFICATE OF DECISION of all the required information to the Town Clerk's Office PLANS.. to be certified by the Town Clerk with the time and date The petitioner is responsible for recording certification of of filing. The original will be left at the Town Clerk's the decision and any accompanying plans at the Essex Office, and the 10 Xerox copies will be left with the County North Registry of Deeds, 381 Common St., Zoning Board of Appeals secretary. Lawrence MA, and shall complete the Certification'of Recording form, and forward it to the Zoning Board of Appeals and the Building Department. �i�.�� � -�, :,? � �� ���`� `r�=` ' �.-�'`�iz'_s� � any, a i.3,,� � '� � �' �- ��"'j'� _• �i �' '�.t r oz y IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev & Services 27.Charles Street North Andover, MA 01845 978-688-9501 688-9566- 978-688-9542 fax for Community Development offices (� ( Q _ 978- 978-688-9545 Building Department . D 978-688-9541 Zoning Board of Appeals Office AUG 2004 PAGE 1 of 4 BOARD OF APPEALS Town Clerk's Office Assessor's Office PAGE 2 OF 4 Date & Time Stamp Appl.ication, for a SPECIAL PERMIT North ANDOVER ZONING 1. Petitioner: Name, address and telephone number: 1110- &&I- Cast 3 OF APPEALS 10 W e .t e r� R -d . ti? o fi, Pira d o,r2 r MA "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: oo,j . d �,J 2bS Ve,'✓ o a -►erg- l 9- °L5- G l- (;5 2 E3 3. Location of Property: 11 MIL WCbs jt/�— No 'r- 14A,d Ol GtA,S Years Owned Land: a. Street: 10.-1 ' Wol-j" 1.-) : P—i • Zoning District - b: Assessors: Map number 21 Lot Number: 2 c. Registry of Deeds: Book Number S 9 Page Number: t. By -Law Sections under which the petition for the Special Permit is made. G .0 (C4.2.1 Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner. . Describe the Special Permit request: s 2 C_' C. % kvv w\ . 3r ForCkPrQ, e->Cz5�-}` OVA C0�1 �orv\nyvG r'vt o4- i 5 lLle_z PP he above description shall be used for the purpose of the legal notice and decision. A more detailed description is juired pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 Application for a SPECIAL PERMIT NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back' Sq. FL Sq. Ft. Coverage Feet. Spaces Front Side A Side B Rear 7272 -- % �3C� �- 27.5 26,0 Lis Flo b. Proposed Lot (S): Lot Area Open Space Percent LotFrontage Parking Minimum Lot set Back " Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear '' R72 �. _ V//'T % ©oV G-- ��>✓ CJ'� 1 Ia7 �a,V c. Required Lot: (As required by Zoning By -Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum;Lot set Back " Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear . `12IS-o O _ J �_ % 100 30 15 3D .7. a. Existing Buildings: Ground Floor Number of Total Square feet Floors Sq. feet Use of Building' Number of Units � d_ 2 1-70b `Reference Use Code numbers and Uses from the Zoning By -Law. State number of units in building. B. Proposed Buildings: Ground Floor . Number of Total Square feet Floors Sq. feet Use of Building' Number of Units 2100 j2 es eA7) A L •Refierence Use Code numbers and from the Zoning Ordinance. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be -filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Re ulations may result in a dismissal by the Zoning Board of this application as incomplete Signature CL s1 -mere - vas 4 R W E3sr�2 PAGE 4OF4. SPECIAL. PERMIT a� F..k.i i4+_�� \ ✓y .. M' � ', .+_ 1 � e" ., Lt� � 4. V 1�4.+T:. y ie, A SLk— i -f �..�: 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Special Permit from the requirements of MGLA ch. 40A, and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. Each point, 1-6 individually, is required to be addressed with this application. 1. The particular use proposed for the land or structure. 2. The specific site is an appropriate location for such use, structure or condition. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 5. The use is in harmony with the purpose and intent of t Zoning Bylaw. 6. Specific reference and response to the criteria required by the particular Special Permit for which this application is made (i.e. the Earth Removal Special Permit has unique criteria and submittal requirements.). 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this :application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans may be required when the application involves new construction/conversion/ and/or a proposed change in use. 10 A. Major Projects Major projects are those which involve one of the following whether existing or proposed: 1) five or more parking spaces, H) three (3) or more dwelling units, III 2000 square feet of building area. Major Projects shall require that in addition to the above features; plans must show detailed utilities, soils, and topographic information. *10. B. *Plan Specifications - 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1"=40'. II One (1) Mylar. III Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five (5) ZBA signatures and date indicated on the Mylar. *10 C. *Features To Be Included On Plan: I Site Orientation shall include: 1. north point 2. zoning district (s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. In Legend & Graphic Aids: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer or surveyor. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisks (*). In some cases further information may be required 11. APPLICATION FILING FEES A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover - #022-1760-4841' for the cost of first class, certified, return receipt ($4.42 as of November 2003) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 37¢) x the # of parties of interest on the abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels -no larger than Vx2-518° (3 copies for the Legal mailing and one copy for the Decision mailing). C. Administrative fee of $50.00 per application. ► ► ► ► A Special Permit once granted by the ZBA will lapse in 2 (two) years if not exercised and a new petition must be submitted. t 4 Zoning Bylaw Review Form Town Of North Andover Building Department s,.. 27 Charles St. North Andover, MA. 01845 Phone 978-688-9545 Fax 978488-9542 DENIED for the following Zoning Bylaw reasons: uvle ane mans mai your Application is Zonino _-I _XJ_ Item Ma ot: 02 33 / a _APR! icant: A u t 1) tf/ e- A a 'A a'A +- a J r+ a 6 E A r u.✓ Date: 6 - Please he atrviaad +tis+ s414— DENIED for the following Zoning Bylaw reasons: uvle ane mans mai your Application is Zonino _-I _XJ_ A.. amu eaacrxo GxPw bm of such Is based on the plans and information aubmlbd No reVlevv a� or advice shall be based on verbal above reasons Ions fo the appy nor shay such verbal s�laradions by the apP�t a m to provide definitive answers to the above reasons for Arty kacduacka, changes to the infomudon aubmiBedgrotsids misleeding infomntion, or other subsequent for V" review to be voided at the discretion of the BuiIding Departrrrent. The adnched document Well Tlan Review NaNarratW shah be attached he sto end Nxorporeled hersin by reference. The building deperhrroM wild retain all plans and doma wildon for to &bow file. You must fVe a new application form and begin the perms ting pr000ft permd Bwldmg Department official Signage D Appli tion Received — 6.5 APPrZon�—Denied Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexistin e S 2 Frontage Com lies 3 Lot Area Com 'lies 3 Freexisting frontage �g 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufftciernt Area 3 Use. Preexisting 2 Complies 4 Special Permit R uired e 5 3 Preexlstin CBA y *-S 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks con 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient e. s 3 PreexistingHe' M e g 4 Right Side Insufficient 4 Insufficient Information 5 Rearr Insufficient l Building Coverage 6 Tr-eexisting setbacks t Covera a exceeds maximum 7 Insufficient Information 2 Cove a Com lies D Watershed 3 Coverage Preexisting H e g 1 Not in Watershed c s , Insufficient Information 2 In Watershed � Sign 3 Lot prior to 10/24/94 n not allowed '4 4 Zone to be Determined IfIs sign Com Complies b Insufficient Information ufficient Information E Historic District K Parking 1 in District review uired 1 More Parks R uired a 2 Not in district +e 2 Parkin Com les 3 Insufficient Information 3 Insufficient Information 4 Pre-exists Partdn A.. amu eaacrxo GxPw bm of such Is based on the plans and information aubmlbd No reVlevv a� or advice shall be based on verbal above reasons Ions fo the appy nor shay such verbal s�laradions by the apP�t a m to provide definitive answers to the above reasons for Arty kacduacka, changes to the infomudon aubmiBedgrotsids misleeding infomntion, or other subsequent for V" review to be voided at the discretion of the BuiIding Departrrrent. The adnched document Well Tlan Review NaNarratW shah be attached he sto end Nxorporeled hersin by reference. The building deperhrroM wild retain all plans and doma wildon for to &bow file. You must fVe a new application form and begin the perms ting pr000ft permd Bwldmg Department official Signage D Appli tion Received — 6.5 APPrZon�—Denied A Town of North Andover North Andover, MA 01845 To Whom It May Concern, RE: Request for Special Permit; 1. The particular use proposed for the land or structure: We are requesting a variance on the side set -back and front set -back dimensional requirement for the purpose of constructing an addition. The addition will be used as a one car garage and a breakfast eating area. 2. The specific site is an appropriate location for such use, structure or condition: We are desirous of building an addition which includes a garage. Our lot is small. It is impractical to build the garage on any side of the house except the side with the existing driveway. The land to the south of our house is the most suitable for an addition; however it is close to the side set -back requirements. Also in order to have the garage front match the contour of the existing structure we would like it to be in line with the entry portico which cuts into the front setback by 2'. Our driveway is located on the South side of the property and would connect the road with the entrance to the garage in the proposed addition. 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 facility shall not be extended by way of any sewer, water, paving or any other public facilities and are not proposed with this proposed lot and dwelling. Utilities for the room are currently in place. There is no additional bedroom or bathroom space to be added as part of this room extension. There will be no additional people using or living in this house as a result. Therefore there will be no additional use of or stress on our septic or water systems. 5. The use is in harmony with the purpose and intent of the zoning by-law: It is our understanding that the intent of the side set -back requirement is to provide sufficient distance between dwellings in the zoning district. In our case, our neighbor on the side of the proposed addition has over a 20' side setback to our property. We are asking for 7' into the 15' requirement on the side and 2' into the 30' requirement on the front. Therefore the distance between the proposed addition and the neighbor will be about 30'. Additionally the proposed breakfast room has an existing block foundation measuring 12' X 12'. At one time that area was enclosed and used as a mudroom. We will be restoring that former structure with the addition of a garage. 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 preexisting nonconforming structure is based upon our appeal on a hardship caused by living space conditions. The rear portion of the structure will be used as an eating area for the kitchen. The structure will be built on an existing 12' X 12' block foundation which used to be an enclosed mudroom. Our house currently has a galley kitchen. As a family of four it is increasingly difficult to eat in this kitchen. The new space will allow us to eat as a family, together at the same table. The addition of the garage will make it easier for my wife with the children in the winter time. Instead of having to exit the house with two small children in inclement weather, she will be able to use the garage. Additionally we will be able to store bicycles and other equipment in the garage making it more accessible for use. Abutter to Abutter ( x ) .Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listinq 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 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 27 2 David Webster 707 Waverley Road Abutters Properties Map Parcel Name Address 27 1 Edwin Rodgriuez 432 Winthrop Avenue 27 3 Julie & Viola Ronald Diliegro 701 Waverley Road 27 4 Philip Parsons 697 Waverley Road 27 5 David Correlle 691 Waverley Road 27 7 Farit Nizamov 671 Waverley Road 27 15 S P & L J Connolly, Trustees 420 Winthrop Avenue 27 30 Telemachus Demoulas, Trustee 875 East Street 27 32 Telemachus Demoulas, Trustee 875 East Street 27 34 Diane Letizio 22 West Shore Road 23 2 Trustees of Reservations 572 Essex Street 23 41 Kenneth & Maricela Corrao 738 Waverley Road This certifies that the names appearing on the records of t�e Assessors Office as of Certif� ate o North Andover, MA 01845 Tewksbury, MA 01876 Tewksbury, MA 01876 Windham, NH 03087 Beverly, MA 01915 North Andover, MA 01845 Page 1 of 1 GARAGE ADDITION EXISTING CONDITIONS RAND YEBM LAII ae�e GARAGE ADDITION O1�T PLANS oANo w®st A11e eorcasaa GARAGE ADDITION O1 FRAMING PLANS , DAME)VABSTM """E = im