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Miscellaneous - 74 PROSPECT STREET 4/30/2018 (2)
N Oa O O cn v O n co --i O O O X o m o M 4vw�c, M&rl" Over Wt!R Appy 1 D- 17"oC6 Ducigioa duu ua. 7L� �rDgPpcf 41 �&D 033 f �. i �\ �_ t� �G - - - - -�-- g�� sai-s3�a-Ce/I Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. ZONING BOARD OF APPEALS Community Development Division Notice of Decision Year 2006 ? O`1.'I,j C!.EREI-�ir*S OFFICE 2606 NOV 30 hili 11, 49 NORTH ANCIOV'r =; MASS, ACHS T i S 40A, §17 Proat: 74 Prospect Street NAME: Anna Maria Passanisi-Daniels HEARING(S): November 14, 2006 ADDRESS: 74 Prospect Street PETMON: 2006-033 North Andover, MA 01845 TYPING DATE: November 27, 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, November 14, 2006 at 7:30 PM upon the application of Anna Maria Passanisi-Daniels, 74 Prospect Street (Map 80, Parcel 19), North Andover requesting a Special Permit from Sections 4.122.14c, 4.122.14.1, & 10.3 for a 2°d dwelling unit and Section 9.2 of the Zoning Bylaw in order to extend a pre-existing, non -conforming stricture on a pre-existing, non -conforming lot. Said premises affected is property with frontage on the South side of Prospect Street within the R-4 zoning district. Published in the Eagle -Tribune on October 23 & October 30, 2006. 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 October 23 & October 30, 2006 The following voting members were present: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, David R. Webster, and Thomas D. Ippolito. The following non-voting member was present: Daniel S. Braese. Upon a motion by Richard J. Byers and 2nd by Thomas D. Ippolito the Board voted to GRANT a Special Permit from Sections 4.122.14c, 4.122.14.1, & 10.3 for a 2°d dwelling unit and Section 9.2 of the Zoning Bylaw in order to extend a pre-existing, non -conforming structure on a pre-existing, non -conforming lot. per: Site: 74 Prospect Street (Map 80, Parcel 19), North Andover, MA 10845 Site Plan Title: Proposed Addition to Property at 74 Prospect Street, North Andover, Massachusetts, Owner/Applicant: Anna Maria Passanisi-Daniels, 74 Prospect Street, North Andover, MA 01845 Date (& Revised Dates): August, 2006 Registered Professional Jeffrey S. Hofmann, P.L.S. #36381, Robert A. Masys, P.E. #29174, R.A.M. Land Surveyor: Engineering,160 Main Street, Haverhill, Massachusetts 01830 Building Plan Title: 74 Prospect Street Proposed Existing Sheet/Drawing: Front Elevation, Rear Elevation, Right Side Elevation, Left Side Elevation, First Floor, I&] Second Floor Voting in favor: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, David R- Webster, and Daniel S. Braese. Page 1 of 2 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9541 Web www.townofnorthandover.com ZONING BOARD OF APPEALS Community Development Division UV tt ,,4 El; S OFFICE 2006 NOV 30 Ali I I.49 iU1Y� Ur PMASSA�```U' ;NORTH .. The Board finds that 74 Prospect Street is looted in the Residential 4 zoning District, and the addition of a second dwelling unit is an allowed use with a Special Permit, that there is one two-family dwelling and one condominium in the immediate area, several more two -families and condominiums are in the area. 74 Prospect Street is an appropriate location for this use, and this application complies with the provisions of Sections 4.122.14c, 4.122.14.1, & 10.3 for a 2nd dwelling unit and Section 9.2 of the zoning bylaw and that the Board grants this Special Permit for a 2'd dwelling unit on Map 80, Parcel 19 for the following specific reasons. The Board finds that the second dwelling unit, as developed, will not adversely affect the neighborhood because the proposed addition, as designed, maintains the appearance of a single-family dwelling with a continuous 25' 6" roof line, replicates existing architectural features, and conforms to the character of the 1930s neighborhood The application's Written Documentation states, "Further, the applicant would add additional landscape screening if desired to add additional visual insulation. The Board finds that the 2d unit is 800 sq. & and the existing dwelling is 1669 sq. R; the 2°d unit shall be less than 50% of the existing dwelling unit while sharing 20' of a 24' connecting wall, or 75% of the connecting wall. The Board finds that the 2d dwelling unit is within the average of Prospect Stmt front setbacks 250` on either side as allowed in R-4 by Footnote 8, therefore, the 2°a unit meets the dimensional requirements of R-4. Robert W. Folseberg, 68 Prospect Street, abutter to the proposed addition, wrote a letter of support for the conversion and Donald Stewart, 30 Prospect Street, owner of the only dwelling with a conforming R-4 30' front setback, spoke in favor of the conversion. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians because the lot can provide 4 off-street parking spaces and driveway 10' from the left side lot line. 74 Prospect Street has Town water and sewer, telephone, and electrical utilities connections. The Board finds that this extension, or conversion, is in harmony with the general purpose and intent of the North Andover Bylaw, and this second dwelling unit shall not be substantially more detrimental than the existing dwelling to the neighborhood, rather, it will add to the affordable housing stock for small families in North Andover. 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 Inspector of Buildings. 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, P. MAnh E en P. McIntyre, C Decision 2006-033. M90Pl9. Page 2 of 2 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com I.EGp� �pVICE, ZONING BOARD OF APPEALS pE EM PM T DIVISION iven Notice Nhereby theAndover that the N rd of Appeals Zoning ublic hearing w111 hold a floor of Town Town Clerk Time Stomp at the 120 Main Street, I- Nolrth Andover, MA of ` � � D E I V E D the 14th 1 r" 'I �� t^t+ OFFICE 41 tuesdaY ,at 7:30 TOWIN tie ,t._ 4 Novembar,a�. interest - PM to all P llcati°n of g ed in th aria Passanisi- CQO& OCT 18 PM, € ; 27 Anna M rospeCt paniels, 74 P parcel 80, Street (Map Andover n, ,i, r• North ectal Per -U I','" s .1 ZONIN 1e1, a - ALS i��0RTH `'N""T)`l�� COrnITtUDirmq tr°m requesting , 14c, 4.122.14.1' unit and Oh for a 2nd dw of the zoning Section 9 2 Bylaw i . order to ont?con- pre-exis ing, ure on a forming non-con- I.egA es tormng lot Saistlng'd re I"i h North Andover affected is P the south is irontage on Prospect Street side of Prosp dis- trict. the R-4 zoning ItOf Plan' at e o ffice oe the of Appeals will hold a Notice is hereby given that the North Andov PP review t Appeals office, public hearing at the top floor of Town Hall,` Board osg°od Street, North Andover, MA on Tuesday the 14th of November, 2006 at 7-361600 t North And h Friday ring interested in the application of Anna Maria Passanisi-Daniel dine hours of 8.30AM to treat (Map 80, Parcel 19), North Andover requesting a Special Permit fr, 4.3oP By t e order Appeals 2.14c, 4.122.14.1, & 10.3 for a 2°d dwelling unit and Section 9.2 of the 2 Ellen P� a rman Irder to extend a pre- existing, non -conforming structure on a pre -ex ET_ 10123,10130106 ung lot. Said premises affected is property with frontage on the South side of Prospect Street within the R4 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, North Andover, MA Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Ellen P. McIntyre, Chairman Published in the Eagle -Tribune on October 23 & October 30, 2006. Legalnotice 2006-033. M80P19. T�mo 3:a@cowr_ZTm�mDm3>�7 ID -�0zo<p -cm1w A�caZo7 m3 rMm °a,o °oal i N oz i �aZ- powjCo-0m a o<W. �. <X. CD -0 o3�'m���mmgam oZy<rE�i ma N�N� Qm < om=W �-4�W' o �jaomp2 NyC� m .° =QmDO°m� �Q o� 0 C4 zm� ��D��o mm��N��ww=;, DDA m c°^oioimo�0mCD -0 00 ioy= CD 3q CD .m 7tN7� GC O CD 0 N (DSN�W� ro NN (A»n:=W" WQaW . 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 fax 978.688.9542 Web www.townofnorthandover.com zBA 363 Date .1.0..—. /. TOWN OF NORTH ANDOVER RECEIPT This certifies that..!..[ h.Vl ...!. �({r..rr-o-J.. �°..... i ................ has paid.;...U!.. v!�.....IAC.....�.�.�z..l.........�'.' for 6. / ..........I..Y..l�.�a., .?�G.!......✓r.� 2�......'.1�.. �!.v�.l, Received by ....... l rll-go�............................................... Department....7'. & �....................................................................... WHITE: Applicant CANARY: Department PINK: Treasurer ZBA 364 Date -7- TOWN OF NORTH ANDOVER This certifies that AY. RECEIPT has paid,#..I.q ko. �.,. 4 .1 ...... .033 Received by ................................................. .. Department.......... 2 --AA ............................................................... WHITE: Applicant CANARY: Department PINK: Treasurer Zoning Board of Appeais_ North Andover Hearing No.: ZBA-2006.0040 Date: October 18, 2006 APPLICATION TYPE: SUBMISSION DATE:- Additional ATEAdditional unit Tue Oct 17, 2006 -AmAcanft Name! NAME- &A*A69 A ,A4lO 6X%ft 74 PROSPECT STREET TOWN: NORTH ANDOVER STATE- MA ZIP CODE: 01846 PHONE NO.: FAX NO.: EMAIL ADDRESS: Site Infonnation- Owner's Name: NAME:. ���*MIMIAIAOAM fAWRESS: 74 PROSPECT STREET TOWN:ED.: NORTH ANDOVER : ZIP CODE: 01846 PHONE NO.: EMAIL ADDRESS: Work Location.: SITE ZONING: 74 PROSPECT STREET DECISION DRAFT BY: TOWN: SECTION OF BYLAW: NORTH ANDOVER, MA 01846 HEARING CLOSE DATE GIS# MAP. FIRST ADVERTISING DATE LOT: ACTION TAKEN: 4616 080.0 080 0 0019 HEARING TIME: VOTING DEADLINE: Reason for filing: SPfrom 4.12214 for 2nd unit an pre4xis8ng non-conf ing lot and structure. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MEMBERS MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: REFERRALS IN DATE: HEARING DEADLINE DATE: Thu Dec 21,2W6 HEARING CLOSE DATE FINAL SIGNING BY: APPEAL DEADLINE: FIRST ADVERTISING DATE HEARING DATE: VOTING DATE DECISION DATE: SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE- EADLINE MEMBERS PRESENT: MINUTES OF MEETING: GeoTMSO 1998 Des Laudem & Associates, Inc. ~ This is'to certify that twenty (20) days have elapsed from date of decision, filed without filing of an appeal. � ' Date . * ` Joyce A. Bradshaw i Town Clerk ee 10554 P9206gt4e,.S341LO 22-2006,cW^ttU amp T04N CL€RK'S 0FI=ICL ZONING BOARD OF APPEALS Community Development Division Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A 17 NAME: Anna Maria Passanw Dai ADDRESS: 74 Prospect Street North Andes, MA 01845 2006 NOV 30 AH 11:49 TOWN OF WORTH ANDOVEJR MASS ACHUS'ET 1 S This is to certify. that twenty (20) days have elapsed from date of decision, filed Notice of Decision without filing of an peal. 6 Year 2006 Da of Joyoo A. Bradshaw Town Clerk at: 74 S): November 14, 2006 2006-033 .TE: November 27, 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, November 14, 2006 at 7:30 PM upon the application of Anna Maria Paseanisi-Daniels, 74 Prospect Street (Map 80, parcel 19), North Andover requesting a Special Permit from Sections 4.122.14c, 4.122.14.1, & 10.3 for a 2"d dwelling unit and Section 9.2 of the Zoning Bylaw in order to extend a pre-existing, n0n-c0n1orming structure on a pre -wasting, 11011 -Conforming lot. Said premises affected is property with frontage on the South side of Prospect Street within the R-4 zoning district. Published in the Eagle -Tribune on October 23 cit October 30, 2006. 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 October 23 & October 30, 2006 The following voting Abels were per; Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, David R. Webster, and Thomas D. Ippolito. The following non voting member was present Daniel S. Braese. Upon a motion by Richard J. Byers and 2°d by Thomas D. Ippolito the Board voted to GRANT a Special Permit from Sections 4.122.14c, 4.122.14.1, & 10.3 for a T d dwelling unit and Section 9.2 of the Zoning Bylaw in order to extend a p f" non-cenforming structure on a pre-existing, non-cwormmg 10t. per. 1-1 a OUGM IRW civ, ra= 19), North Andover, MA 10845 Site Plan Title: Proposed Addition to Property at 74 Prospect Street, North Andover Massachusetts, Owner/Applicant: Anna Maria Passamsi-Daniar, 74 Prospect Street, North Andover, MA 01845 Date (& Revised Dates): A 2006 LandRegistered Professional Jeffrey S. Hofmann, P.L.S. #36381, Robert A. Masys, p.E. #29174, RAM EnSipperin& 160 Main Street, Haverhill, Massachusetts 01830 Building Plan Title: 74 Street Sheet/Drawing: Front Elevation, Reaar Elevation, Right Side Elevation, Left Side Elevation, First Floor, [&l Second Floor Voting in favor: Ellen P. McIntyre, Richard J. Byers, Albert P. Manzi, III, David R. Webster, and Daniel S. Braese. Page 1 of 2 ATTEST: A True Copy 1600 Osgood Street, North Andover, Massachusetts 01845 rk Phone 918.688.9541 Fax 918.688.9542 Web www.townofnorthandover.com ZONING BOARD OF APPEALS Community Development Division _ tCt��V tU� T OW H CE EPK'S CF ic (C5. 1006 NOV 30 alb I I ; 49 TOW � v NORTH ANDOVER MASS ACHJSET-11 The Board finds that 74 Prospect Street is located in the Residential 4. zoning District, and the addition of a second dwelling unit is an allowed use with a Special Permit, that there is one two-family dwelling and one condominium in the immediate area, several more two -families and condominiums are in the area. 74 Prospect Street is an appropriate location for this use, and this application complies with the provisions of Sections 4.122.14c, 4.122.14.1, tit 10.3 for a e dwelling unit and Section 9.2 of the zoning bylaw and that the Board grants this Special Permit for a 2°d dwelling unit on Map 80, Parcel 19 for the following specific reasons, The Board finds that the second dwelling unit, as developed, will not adversely affect the neighborhood become the proposed addition, as designed, maintains the appearance of a d4gte-family dwelling with a continuous 25' 6" mof line, replicates existing amhit land feadmes, and eon to the character of the 1930s neighborhood. The application's Written Documentation states, "Further, the applicant would add additional landscape screening if desired to add additional visual insulation. nx Board finds that the a unit is 800 sq. 8. and the existing dwelling is 1669 sq. 8; the a unit shall be less than 50% of the existing dwelling unit while sharing 20' of a 24' connecting wall, or 7s% of the connecting walL The Board finds that dwelling unit is within the average of prospect Street hent setbacks 250` on either side as allowed in R-4 by Footnote 8, therefore, the a unit meets the dimensional requirements of R-4. Robert W. Folseberg, 68 Prospect Street, abutter to the proposed addition, wrote a letter of support for the eorrveasion and Donald Stewart, 30 Prospect Street, owner of the only dwelling with a conforming R-4 30' hent setback, spoke in favor of the conversion. The Board finds that there will be no nuimuce or serious hazard to vehicles or pedestrians because the lot can pravide 4 -street parking spaces and driveway 10' fiem the left side lot line. 74 Prospect Street has Town water and sewer, telephone, and electrical utilities connections. The Board finds that this extensionor conversion, is in harmotry with the general purpose and intent of the North Andover Bylaw, and this second dwelling unit shall not be dally more detrimental than the existing dwelling to the neighborhood, rather, it will add to the affordable housing stock for small families in North Andover. 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 gaming 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, Stag and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings. ftrdkeneor+q 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. Furthermbore, if a Special permit granted under the prvvis m contained herein shall be deemed to have lapsed after a two (2) year period hem 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, Decision 2006-033. Page 2 of 2 1600 Osgood Street, North Andover, Massachusetts 01845 Phode 918.688.9541 Fax 918.688.9542 Web www.townofnorthondover.com RECEIPT Printed:12-22-2006 @ 9:13:39 Essex North Registry Thomas J. Burke Register Trans#: 75066 Oper:DELIAL PASSANISI-DANIELS Ctl#: 29 Rec:12-22-2006 @ 9:13:35a DOC DESCRIPTION TRANS AMT PLAN Surcharge CPA $20.00 20.00 5.00 TECH FEE 5.00 Plan recording 50.00 Document Copy -Man 1.00 Total fees: 76.00 Book 10554 Page 206 Inst#: 43410 Ctl#: 30 Rec:12-22-2006 @ 9:13:35a NAND PROSPECT ST DOCDESCRIPTION TRANS AMT NOTICE Surcharge CPA $20.00 20.00 50.00 recording fee 50.00 5.00 TECH FEE 5.00 Document Copy -Man 2.00 Total fees: 77.00 *** Total charges: 153.00 CHECK PM 1270 153.00 C",/7 teas N w N 00 WW b M 0 UHC m Mfi. z r v- b* F r <u \m0CLwF Zw JOmC ¢. 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G N ' �� LL- 0 OL O z z 0 t 112 1. • w 7 W w K A v4 (ED dare & Requirements for I for a Special nit. } copiesof the following information must be ,ed thirty (10_) days prior to the first public hearing. to submit.the required information within the time prescribed may result in a dismissal by the Board of an application as incomplete, etmation herein is an abstract of more specific ments listed in the Zoning Board Rules and Tions and is not meant to supersede them. The Prwill complete items that are underlined y}m, STEP -1 ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers - Zoning Bylaw Denial form completed by the Et Iding Commissioner. 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 a` completed, i- 'STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as citedin Section 10 page 4 of this form. 1, >STEP'4: LIST OF PARTIES IN INTEREST: The petitioner requests the Assessors Office to compile acertified 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 Jo be certified by the Town Clerk with the time and date sof filing. The original will be left at the Town Clerk's =` Office, and the 10 Xerox copies will be left with the f Zoning Board of Appeals secretary. ................. IMPORTANT PHONE NUMBERS: ` 978-688-9533 Office of Community Dev. & Services 1600 Osgood St., Bldg. 20, Suite 2-36 North Andover, MA 01845 978-688-9542 fax for all Community Development offices 978-6.88-9545 Building Department SPECIAL PERMIT I tDrtf {4 !"LE4ifl 7 -9541 Zoning Board of Appeals Office PAGE 1 of 4 OCT 12 2006 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) 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: DELIV_ _ERY 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 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 petition, the Board shall decide on the matter by using the information it has received to date. 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, Mylar, 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.. North Andover Town Hail 120 Main Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office A�'GE 2 OF 4 Date & Time Stamp -irth-ANDOVER ZONING BOARD OF APPEALS application fora SPECIAL PERMIT 1petitioner: *Name, *Address and telephone number: 14 Anna Maria Passanisi-Daniels 74 Prospect Street, North Andover, MA 978-686-7214 *'rhe petltioner 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: Anna Maria Passanisi-Daniels, 74 Prospect Street, North Andover. MA 978-686-7214 Years Owned Land: 3. Location of Property: a 74 Prospect Street a. Street: North Andover MA Zoning District: R-4 b. Assessors: Map Number 80 Lot Number: 1 9 c. Registry of Deeds: Book Number 6640 Page Number: 298 4. Zoning Bylaw Section(s) under which the petition for the Special Permit is made. Section 10.3 and 4.122.14 of the North Andover Zoning Bylaw and Section 9.3 of the North Andover Zoning Bylaw See attached narrative on reasons to grant a Special Permit request for an additional small unit to the property .h.5 r to the Pe4mI Den al a d Z6ning ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: To grant the Petitioner permission to construct an additional unit of 800 square feet in a R-4 District which meets the legal requirements under the North Andover Zoning Bylaw The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. -age 3 of 4 IORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT A. Existing Lot(s): of Area Open Space Percent Lot 9 3 5 Sq d -k a Covera3e ;B. Proposed Lot(s): of Area Open Space Percent Lot ;q. Ft. Sq. Ft. Coverage 9L353 7 $Ig IL0. 4 % Frontage Parking Feet Spaces 95.08 4 Frontage Parking Feet Spaces 95.08 4 ;C. Required Lot: (As required by Zoning. Bylaws & Table 2)) _ot Area Open Space Percent Lot Frontage Parking 3q. Ft. Sq. Ft. Coverage Feet Spaces 12,500 N/A N/A % 100 2 per unit s iA. Existing Building(s): around Floor Number of Total Square feet Floors Sq. feet _ 29 q 2 (D(o TB. Proposed Building(s): Ground Floor Number of Total Square feet Floors Sq. feet Use of Building" Minimum Lot Setback Front Side A Side B Rear 1 4.64 10 - 9 4.2..29 47.59 Minimum Lot Setback Front Side A Side B Rear 14.64 10.92 23.99 47.59 Minimum Lot Setback Front Side A Side B Rear 3_Q__ 1.5._— 1_.z_ 3.0._._ Number of Units" Residential- —�- *Reference Uses from the Zoning Bylaws & Table 1. "State number of units in building. Use of Number Building* of Units" Rgsident.aI with two _2— units *Reference Uses from the Zoning Bylaws & Table i. "State number of units in building.. B. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filled with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this apNioneived by the Town Clerk orthe Zoning Board of Appeals does not absolve the app'cant from this responsibility.hall be responsible for al! expenses for filing and legal notification. Failure to m ly with ap kation re rements, ain and in the Zoning Board Rules and Regulations may result in a dismissal byte ming Bo;f this a pp cation as in –uani.e Type above name(s) here - NORT" °' •'° •'" Zoning Bylaw Review Form p Town Of North Andover } r Building Department 1600 Osgood Street, Building 20, Suite 2-32 North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 74 Prospect Street Ma /Lot: 80/19 Applicant: Anna Maria Passanisi-Daniels Request: Construct 2 no dwelling unit Date: 10/17/06 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: j Zoning District: R-4 Remedy for the above is checked below. Item # Special Permits Planning Board Item Item Notes Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sigh 1 Lot area Insufficient Independent Elderly Housing Special Permit 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting X 2 1 Frontage Complies Zoning Board Special Permit Required 3 1 Lot Area Complies 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 1 Use Preexisting 2 Complies 4 Special Permit Required X 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Informaion C Setback H Building Height i 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies X 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks X 1 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 1 Not in district X 2 Parking Complies . I X 3 Insufficient Information I d Remedy for the above is checked below. Item # Special Permits Planning Board Item Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sigh 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 X Zoning Board Special Permit Required Watershed Special Permit Supply Additional Information 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 ve file. You must file a new building permit application form and begin the permitting proces . B di Department O ficial Signature Application Received pp ' atioFADenied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: ReviewReasons=#or Denial & Bylaw Rerence Forim Item' r_ Reference y Bl4 I A Special Permit from Sections 4.122.14.c, 4.122.14.1 & 10.3 of the Zoning Bylaw for the conversion of a single-family dwelling to a two-family dwelling in the R-4 zoning district is required from the Zoning Board of Appeals. Referred To: Fire Health Police X Zoning Board Conservation Department of Public Works Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12000 The Petitioner, Anna Maria Passanisi-Daniels seeks to convert her one -family dwelling located at 74 Prospect Street, North Andover, Massachusetts to a two-family unit. The proposed conversion would create a new unit containing 800 square feet consisting of two floors as depicted on the attached Site Plan and Architectural Plans filed with this Special Permit. Pursuant to the North Andover Zoning Bylaw, Section 10.3 and 10.3 1, a two family unit is allowed in a R-4 District by Special Permit. The specific conditions for approval of Special Permit are set forth in Section 10.31 and are satisfied by the Petitioner: A. The specific site is an appropriate location for such a used structure or condition. The proposed location is in a mixed use location on Prospect Street in North Andover. The neighborhood is a mix of single family and two- family units. On Prospect Street there are three (3) homes that are two- family units and within close proximity, there are ten multi -family dwellings. The addition of a small 800 square foot unit would not derogate from the existing one or two family homes that exist in this neighborhood. B. The use or development would not adversely affect the neighborhood. The use is currently in a one or two family neighborhood, so the proposed use would not adversely affect the neighborhood. The applicant has discussed the proposed addition of the unit with her closest abutting neighbors and has not received any negative feedback. C. There will no nuisance or serious hazard to vehicles or pedestrians. The conversion unit is set back from the road and will be away from all vehicles and pedestrians. Construction will be done under the guidelines set out by the North Andover Building Department and the site will be cleaned daily and proper care will be given to minimize any negative effect on the neighborhood. D. Adequate facilities will be provided for the proper operation of the proposed use. The additional unit would have a minimal impact on the sewer and water facilities of the Town and there will be no new paving or other public facilities necessary for the conversion. The existing utilities will be extended to the current home with minimal effort and impact. E. The use is in harmony with the purpose and intent of the Zoning Bylaw. It is the Petitioner's belief that the additional 800 square foot unit will not unnecessarily impact upon her neighbors on Prospect Street. The unit as presented would meet all required setbacks except for the front setback which the current home, a pre-existing non conforming structure also does not meet. The setback for the addition is two feet further away from the road than the existing structure. The proposed structure has more than adequate side and rear setback and is in conformity with the existing front setback for the current home. Further, the applicant would add additional landscape screening if desired to add additional visual insulation. F. Specific reference in response to the criteria required by the particular Special Permit for this application is made. I am a single mother with a young family to care for and it has been brought to my attention that I would meet the requirements of the North Andover Zoning Bylaw in an R-4 District for an additional unit. I would like to create an additional living space which could provide an affordable housing alternative for a single mom whose husband has recently passed away. By building an affordable unit, I would be increasing the tax base from the Town of North Andover without negatively impacting my neighbors. I would design said home pursuant to the architectural plans filed herewith in a first class manner so my neighbors would be proud of the final product. In addition, the criteria for a conversion in an R-4 District of 4.122 (14c) under the North Andover Zoning Bylaw must be met. This Section requires that the conversion of a one -family to a two-family dwelling in an R-4 District meet the following additional requirements: 1. If the conversion involves increasing the size of an existing structure, the expansion area shall not exceed 50% of the original building's gross floor area up to a maximum of 1,500 square feet. The size of the second dwelling unit can never exceed 1,500 square feet. The proposed conversion involves the addition of a structure of 800 square feet. The present home is 1669 square feet. Therefore, the addition is less than 50% of the present building's gross floor area. 2. There must be two parking spaces for each dwelling unit. The dwelling unit will have parking area for four parking spaces, two designated to the new unit. 3. No parking/driveway shall be permitted within ten feet of any lot line. The parking and driveway are not within ten feet of any lot line. 4. No garage or carport shall face the street unless it is located at least ten feet behind the front facade of the principal structure and is in accordance with the dimensional setbacks outlined in Table 2 of this Bylaw. This Section is not applicable as no garage or carport will be constructed. 5. The converted structure shall meet all the dimensional requirements of the R-4 District identified in Table 2 of this Bylaw. The converted structure shall meet all of the dimensional requirements of the North Andover Zoning Bylaw for an R-4 District except for the front setback which is not met by the current home which is a pre-existing non -conforming residence. The front setback will be 16.22 feet for the conversion unit and the current structure's front setback is 14.64 feet. Pursuant to Section 9.3 of the North Andover Zoning Bylaw in a Residential 4 District, the following circumstances will not increase the non -conforming nature of a structure: Alteration to a structure when it encroaches upon one or more required yard setbacks, where the structure after alteration will comply with all current Bylaw requirements except for yard setbacks, shall be presumed not to increase the non -conforming nature of said structure. Therefore, under Section 9.3 of the North Andover Zoning Bylaw, the conversion would meet all setback requirements of the Bylaw. 6. Stairways leading to second or any higher floor shall be enclosed. All stairways will remain enclosed. 7. The principal building in a conversion to a two family dwelling shall share a connected common wall (or floor) for at least 75% of the wall's (or floor's) surface. No unheated structure, no structure without foundation, no structure that is entirely or partially a garage shall be considered meeting the 75% requirement. The conversation will meet this requirement as the common wall will share more than 75% of the wall's surface. S. i.)The conversion of a one family dwelling to a two family dwelling must not result in any portion of the post -conversion roofline height exceeding the pre -conversion roof line by not more than five feet. This criteria has been met as the roofline height has not been increased. ii.) The conversation of one family dwelling to a two family dwelling must not significantly increase or decrease the pitch of any additional post conversion roof area. This criteria has been met as the pitch of the roof has not been significantly decreased or increased. Further, this application will be consistent with the North Andover Master Plan and will create an additional unit that would be affordable for the citizens of this Town. The design of the home is compatible with the one and two family homes of this neighborhood. The architectural features and exterior materials have been designed to be compatible with the surrounding structures and will preserve established vegetation and landscaping for the lot. For all the above reasons, the applicant feels that the proposed conversion will not be unreasonably detrimental to the established or future character of the neighborhood and the conversion is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Under the criteria set forth herein, an addition of one unit will not be substantially detrimental to the one and two family neighborhood presently existing in the Prospect Street area. The applicant will be creating an additional affordable unit for the Town and creating an additional tax revenue. Traffic flow will not be impacted and the present character of the neighborhood will remain the same. Therefore, for all the above reasons, the Petitioner respectfully requests that her application for a Special Permit for the conversion of an existing one family structure to a two family structure be allowed by the North Andover Zoning Board of Appeals. e October 12, 2006 Town of North Andover Zoning Boad of Appeals 1600 Osgood St. North Andover, i°+IIA 01845 To whom it may concern: I am aware of my neighbor's request to convert her home from a single family dwelling to a two- family dwelling There are other two-family dwellings in our neighborhood and on our surrounding streets. Her addition should not change the face of the neighborhood, only enhance it. Thank you, 91-0� L' - -*- _. 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D .L33�u Drtyrt L I g m4 ,re z ota'� L D 4D ca ObB'g r tot 20t m Eesg J. 3dS0�d 918'9 9B8 9 999'9 'DDI "A . Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) 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." Subiect P/Operty: MAP PARCEL Name Address 80 19 ANNA MARIA DANIELS 74 PROSPECT STREET, NORTH ANDOVER, MA 01845 Abutters Properties Map Parcel Name Address 80 1 South Bradford R.T. VP.O. Box 3178, Andover, MA 01810 80 2 Joseph Rajewski L,<� Moody Street, North Andover, MA 01845 80 4 N.Boston Korean UMC � 44 Lowell Street, Andover, MA 01810 Ti' LAvv%e 80 5 Viken Manougian (/119 Moody Street, North Andover, MA 01845 80 6 Jeremy Desrosiers L>T5 Moody Street, North Andover, MA 01845 80 10 David Latta Y -t' 14f4le) 91' Chadwick Street, North Andover, MA 01845 Q6 80 35 Sam Baffo X151 Sunset Drive, Navarre, FL 32566 80 11 Luiz Lopes - � 130 Moody Street, North Andover, MA 01845 80 12 Jessica Martel — %.Je6 Moody Street, North Andover, MA 01845 80 7--1 Jeremy Young 1oX§ Prospect Street, North Andover, MA 01845 80 7--2 Ralph Bevin L/P.O. Box 1134, Andover, MA 01810 80 13 Steven Cohen �47 Prospect Street, North Andover, MA 01845 80 9 Francis Odlum k/5 Prospect Street, North Andover, MA 01845 80 15 William Scione �- M8 Moody Street, North Andover, MA 01845 80 17 Robert Coppeta V8'1 Chadwick Street, North Andover, MA 01845 80 25 Peter Farina W Chadwick Street, North Andover, MA 01845 80 26 Susan Sturtevant X71 Chadwick Street, North Andover, MA 01845 80 18 Francis McCann X80 Prospect Street, North Andover, MA 01845 80 21 Robert Folseberg V68 Prospect Street, North Andover, MA 01845 80 22 Cindy Cluney LO Prospect Street, North Andover, MA 01845 80 23 & 24 Mary Stewart L.,52 Prospect Street, North Andover, MA 01845 80 28 Debra McElhiney V73 Wentworth Avenue, North Andover, MA 01845 80 29 Vito Melnikas \+S Wentworth Avenue, North Andover, MA 01845 80 31 Melnikas Family Trust x„64 Wentworth Avenue, North Andover, MA 01845 80 32 Stephen Mancuso LO Wentworth Avenue, North Andover, MA 01845 80 33 Roy Cahoon L41 Wentworth Avenue, North Andover, MA 01845 80 14 Jeffery Solof (/t Chadwick Street, North Andover, MA 01845 80 34 Town of North Andover V120 Main Street Street, North Andover, MA 01845 66 50 Kmiec Realty Trust v06 Chadwick Street, North Andover, MA 01845 66 48 Charles Tamozausks L56 Chadwick Street, North Andover, MA 01845 66 2 Fred Pinaud OM1' Chadwick Street, North Andover, MA 01845 66 3--72 Stephaine Branca-`� �2 Wentworth Avenue, North Andover, MA 01845 66 3--74 Patricia Cieslik ''�u'f,,416A Commonwealth Avenue, Salisbury, MA 01950 y 66 4 Christopher Hatfield �fi6 Wentworth Avenue, North Andover, MA 01845 66 6 Andrew Melinikas Lf0 Wentworth Avenue, North Andover, MA 01845 66 9 Paula Hall 616 Wentworth Avenue, North Andover, MA 01845 66 10 Julia Enders V53 Chadwick Street, North Andover, MA 01845 66 52 Joanne Schruender L,2-3 Old Village Lane, North Andover, MA 01845 This certifies that the names appearing on the records of the Assessors ffice as of Certified by: ate p, f Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) 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." Subiect Prove MAP PARCEL 80 19 Abutters Properties Map Parcel 66 11 66 12 & 13 66 15 81 11 Name Address ANNA MARIA DANIELS 74 PROSPECT STREET, NORTH ANDOVER, MA 01845 Name Address Robert Nicetta L,,63 Highland Avenue, North Andover, MA 01845 Priscilla Longergan Itf h,n-c�9 Highland Avenue, North Andover, MA 01845 1t -'aq-fes Vincent Greco 1,45 Highland Avenue, North Andover, MA 01845 Luiz Lopes %130 Moody Street, North Anodver, MA 01845 This certifies that the names appearing on the records of the Assessors Office as of //d Certified b ate 3 06 111111111111111111111111 111111111111 111111111111 111111 111111111111 111111111111 111111111111 111111111111 111111 111111 111111 111111 111111111111 111111111111 111111111111 111111111111 111111 111111 111111 111111 111111111111 111111111111 111111111111 111111111111 111111 111111 111111 111111 111111111111 111111111111 111111111111 111111111111 111111 111111 111111 111111 111111111111 111111111111 111111111111 111111111111 111111 111111 111111 111111 111111111111 11111111111111111111��� 111111 111111111111 1■1■1■1■1■i■1■1■1■Ir ,mod 1.1.1.1.1.1. k' I\k--Il I -A, zz A A O LM LL 1 111111111111111111 1111111111111111111111 1111111111111111111111 11111111111 1111111111111111111111 11111111111 1111111111111111111111 111111111111111111111 .1 ■ 11■1■1■1111.1■1.1.1 1 O R W LM R d 1 V CL N O i 13M 11 rl% 4D • 4 • CD PL m X W rl • 40 14 N • • 4 17 • 4 a C • m � w N "t Y / • • z Cn x W a O 0 F` F- CNI(la U 0 4TZ, ) uj d m (L X O 6) -H o0 �t OD W W i» �%} U 00 F J oo p ai N r N� a d`? a r M O U 1- t1 CL tL U ;m 0)D: X rn 0 ��iW0- U a. to o Q fiNbGl- ©(SiA �C� ii) _ W W low e- e- Wrd Q cP Q Zti b i7r © N LL CO a p n n i W r L G F LL ❑a ZI-L < Ll ❑ Mm 2 \ry1)CLLL, Q zCJdJc Qa t� � (r `D~q Amo ~ � Z Li Q l0i AIS i 0 Ln ,Ob'66 u� G7z Z +�efk'BIRa 4t�ott .. 4 F --i a s �F� �ZJQ ya za J � L, i s_ 2 0 W W C� 0 0 (j) z ®Gi '� 00 Z C1 5; 0 z CL CL ON G = LIJ m O � d a�0 to aLU0 co� �' D wpzcn �' Gz>S c ago n F"" �- LU-() r xaa z - W U Q0 © Q) 0 O i H > z S3HSf1H jo mu C3" � w 3�Q3 (Qcq z �ti, a to CL �p� �� a_ ao0 uw0a. � v (? 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O O �p� �� 1i; S 2. ~Qp w W 00 a3ozo U:o- w sLL��o2 w G = zwo W W < z N wpzcn �' Gz>S Z 3oTG z W J z � w w r xaa z - U 4]LL ACC OZZ lGi6 Z=GW QCL 77 w ' w N 2 � 00 RU: 1i; S 2. ~Qp �wOo L w a3ozo C:Z_ O �v5 w0 :::io Y N W K S w wC w c <r.FZMozw 6 US w ra ram pl = W W < z N 43 z W J �cl U 77 w ra ram N 43 �cl 0 PAGE4OF4 g 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. All points, 1-6, are 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 by a Registered Architect may be required when the application involves new construction/a 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. SPECIAL PERMIT *10. B. *Plan Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11"x17, preferred scale of V=40' 1I) One (1) Mylar not to exceed 24"x36". I11) All Site plans shall be the result of an instrument survey certified by a Registered Professional Land Surveyor with a block for five (5) ZBA signatures and date indicated on the Mylar.. Other registered professionals, such as Registered Architects, Registered Professional Landscape Architects, Registered Professional Civil or Geotechnical Engineers; etc., may collaborate on the Site Plan. "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. 11) 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 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 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. See 2005 Revised Fee Schedule. 444-) A Special Permit once granted by the ZBA will lapse in 2 (two) years if not exercised and a new petition must be submitted. FE-FE-